BUS 018 Lecture Notes - Lecture 24: Diversity Jurisdiction, Small Claims Court, Insurance Policy
28 Sep 2020
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Jurisdiction over non resident parties (businesses) based on minimum contacts with state. If business has minimum business contacts then state has jurisdiction over that business. Minimum contacts: at least some business activity or connection within state. For example, in 1930s, 40s, 50s, italian life insurance company. Insurance policy that victims were killed during the holocaust. They responded with prove it millions of dollars that wasn"t paid out because of the contract. General (unlimited) jurisdiction: determined by legislation, superior courts. Limited jurisdiction: as determined by statute, bankruptcy, family, criminal, probate, juvenile, small claims, etc, also may be limited by monetary amount. Federal courts jurisdiction only if a federal question : The parties are not from the same state, and the amount in controversy is greater than. Diversity parties, they go to federal court that applies state laws. Sliding scale standard to determine whether to exercise jurisdiction. To sue, a party must have standing . Standing is sufficient stake in the controversy.
