LEGL 215 Lecture Notes - Lecture 2: Shanty Town, Institute For Operations Research And The Management Sciences, Justiciability
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Key points - Chapter 2 Courts and ADR
Judicial Review: The process by which a court decides the constitutionality of legislative
enactments and actions by the executive branch. While the U.S. Constitution makes no
mention of the power of judicial review, Alexander Hamilton and James Madison both
advocated the concept of judicial review as a necessary part of the checks and balances that
characterize our federal government.
In Marbury v. Madison
(1803), arguably the most significant case in American constitutional
law, the U.S. Supreme Court opined:
It is emphatically the province and duty of the [courts] to say what the law is…. So if the law
be in opposition to the Constitution … [t]he Court must determine which of these conflicting
rules governs the case. This is the very essence of judicial duty.
Jurisdiction: The authority of a court to hear and decide a specific action. Jurisdiction has
many dimensions, including:
Personal Jurisdiction: The authority of a court to hear and decide a dispute involving the
particular parties before it.
Subject Matter Jurisdiction: The authority of a court to hear and decide the particular
dispute before it.
Original Jurisdiction: The authority of a court to hear and decide a dispute in the first
instance. Generally speaking, trial courts
are courts of original jurisdiction, although the
Supreme Court of the United States and the highest courts of many of the states have
original jurisdiction over a few types of disputes.
Appellate Jurisdiction: The authority of a court to review a prior decision in the same case
made by another court.
Personal jurisdiction is generally a geographic concept.
Jurisdiction: Courts have jurisdiction over persons or entities residing or
doing business within a particular county, district, state, or in some cases, anywhere within
the United States.
All states, as well as the United States, have one or more long-arm statute(s) which dictate
under what terms a nonresident person or entity, who would otherwise not be subject to the
court’s jurisdiction, may nonetheless be required to appear before the court.
The key to whether a nonresident will be subject to a court’s jurisdiction is the quantity and
nature of the non-resident’s contacts with the state within which the court sits.
In Rem Jurisdiction
: Courts have personal jurisdiction over disputed property located within
the county, district, or state.