MGMT 263 Lecture Notes - Lecture 6: Subject-Matter Jurisdiction
Document Summary
Motivation for litigation: damages, money, etc, rich plaintiff"s lawyers, standing - to sue one must have a direct stake in the outcome, forum shopping, subject matter jurisdiction. Is the court authorized to hear a particular type of case: ex. claims for violations of us antitrust laws can be brought in us district court, personal justi cation. Rules of the state in which it sits. The same menu of choices is available, provided there is federal subject matter jurisdiction. What do parties do: jump to the other side, remove cases to federal court, argue that the four is inconvenient, co-opt the jurisdiction. Fair courts for business: delaware, commercial part, ny state supreme court. Common civil motions: summons and complaint served. Motion to dismiss: when you want the case thrown out for legitimate reasons (ex. it"s been too long to sue anymore, defamation and people are entitled to their opinion, etc. , answer filed and discovery begun.
