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BLAW 310 CHAPTER .2 NEW PRACTICE EXAM SOLUTION 2022
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BLAW 310 CHAPTER .2 NEW PRACTICE EXAM SOLUTION 2022
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BLAW 310 CHAPTER .2 NEW PRACTICE EXAM SOLUTION 2022judicial review - The process by which a court decides on the constitutionality of legislative
enactments and actions of the executive branch
Jurisdiction - the power/authority of a court to hear a dispute and render a legally binding verdict
in personam jurisdiction - the power of a court to compel the presence of the parties, including
corporations, to appear before the court and to litigate
In rem jurisdiction - jurisdiction over people or property
courts power to decide issues relating to property
jurisdiction over people/property - in rem jurisdiction
long arms statues
long arm statues - jurisdiction over people or property
used by courts for non-resident parties based on "minimum degree of contact" with state
long arm statues - A state statute that permits a state to obtain personal jurisdiction over non
resident defendants.
must have "minimum contact"
in the state where they were incorporated - for corporations, courts usually have jurisdiction
where?
jurisdiction over subject matter - there are subject matter limitation son the types of cases a
court can hear
usually determined by federal or state statues
Ex. bankruptcy, probate/family/criminal cases
jurisdiction of federal courts - cases in which the right or obligations of a party are created or
defined by some federal law
, diversity cases where :
- parties aren't from the same state
- amount of controversy is greater than $75,000
exclusive jurisdiction - Jurisdiction that exists when a case can be heard only in a particular
court or type of court
concurrent jurisdiction - jurisdiction that exists when two different courts have the power to hear
a case
exclusive federal jurisdiction - Cases involving federal crimes, bankruptcy, patents, copyrights,
trademarks, and suits against the United States, other matters specified in federal statues
concurrent jurisdiction - most cases involving federal questions, diversity of citizenship cases
Exclusive State Jurisdiction - Cases involving all matters not subject to federal jurisdiction
Ex. divorces & adoption cases
venue - concerned with the most appropriate location for a trial
- courts rarely grant requests for change of ______________
standing to sue - sufficient stake in the controversy
justifiable controversy - real & substantial controversy
standing - in order to bring. a lawsuit, a party must have ______________ to sue
- must have suffered a legal injury
- must be justifiable controversy, a real and substantial controversy
state - each _________ has its own court system
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