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Related Flashcards
Related Topics
Cards In This Set
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True/False
The U.S. Supreme Court ahs appellate jurisdiction over all cases decided in the state courts |
False: The case has to involve federal law; State Supreme Courts have final say over State Law
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Judicial Review
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-Acts as a check on other two branches (determines whether actions are constitutional)
-Not actually stated in constitution -Established by U.S. Supreme Court in Marbury v. Madison |
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Basic Judicial Requirements
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-Jurisdiction over the Person (Or Property)
-Subject Matter Jurisdiction -Venue -Standing |
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Snidely Whiplash sells products that are poorly made. Dudley Do-Right, a retired attorney who has never bought a Whiplash product or been injured by one but is very concerned about their safety, files a suit against Whiplash, alleging that Whiplash's products are defective Whiplash's best ground for dismissal of the suit is that Do-Right does not have
A. Jurisdiction B. Standing C. Venue D. Sufficient Minimum Contacts |
B. Standing
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Jurisdiction
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The power of a court to:
-Hear a dispute -"Speak the law" into a controversy -Render a verdict that is legally binding on the parties to the dispute |
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Types of Jurisdiction
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-Personal (or Property) Jurisdiction
-Subject Matter Jurisdiction -Original Jurisdiction -Appellate Jurisdiction -Exclusive and Concurrent Jurisdiction |
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Jurisdiction over Persons
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Power of a court to compel the presence of the parties (including corporations) to dispute to appear before the court and litigate
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Long Arm Statutes
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Used for non-resident parties based on "minimum contacts" with state, meaning the defendant had some connection with forum state
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Minimum Contacts: Person
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-Resident of the state
-Sold defective goods within the state -Caused an auto accident within the state -Breached a contract formed within the state |
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Minimum Contacts: Coporation
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-Incoroporated, headquartered or does business within the state
-Advertises within the state -Sells its products within the state -Places its goods in the stream of commerce with the intent that its goods be sold in the state |
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True/False
Generally, a state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state. |
True
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Jurisdiction in Cyberspace: "Sliding Scale"
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 To determine whether to exercise jurisdiction |
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Lariat Rope Company, a firm based in Montana, advertises on the Web. A court in North Carolina would be most likely to exercise jurisdiction over Lariat if the firm
A. Conducted substantial business with North Carolina residents at its Web site B.Interacted with any North Carolina resident through its Web site. C.Only advertised without interactivity at its Web site. D. All of the Above |
A. Conducted substantial business with North Carolina residents at its web site
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Jurisdiction over Property (In Rem)
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-Power to decide issues relating to property, whether the property is real, personal, tangible, or intangible
-Typically over any property within its geographical borders |
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Subject Matter Jurisdiction: Limitations
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Limitations on types of cases a court can hear
-Usually determined by federal or state statutes -Often limited by subject matter and amount of controversy |
