[BALW 20150] - Midterm Exam Guide - Comprehensive Notes for the exam (13 pages long!)
7 Feb 2017
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Litigation the process of bringing an action to assert rights and responsibilities imposed by law. Public system of dispute resolution/enforcement of obligations. Adversarial system each side argues its case, each side calls its witnesses, each side presents evidence. There are several major court systems in the us: (1) the federal court system, (2) the court systems of the 50 states and the district of columbia. Each of these systems has jurisdiction to hear different types of lawsuits. There should be very little overlap between federal and state courts. Federal courts consistent across the country, state courts differ across states. Requirements for bringing suit: (1) personal jurisdiction over the defendant, (2) subject matter jurisdiction, (3) standing, (4) venue. Personal jurisdiction: jurisdiction power to speak the law, personal jurisdiction does the court have the power to speak the law to the litigants, i. e. , the defendant, due process clause of the u. s. constitution requires.
