BALW 20150 Chapter 2: Chapter 2 Summary

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7 Feb 2017
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Chapter 2: Courts and Alternative Dispute Resolution p. 28-47
The Judiciary’s Role in American Government
Essential role of the judiciary is to interpret laws and apply
them
Judicial review
o Judicial reviewthe process for making determinations
on whether the laws or actions of the other two
branches are constitutional
The Origins of Judicial Review in the US
o Power not mentioned specifically in Constitution
o Marbury v. Madison, 1803est. this power
Basic Judicial Requirements
Jurisdiction
o Jurisdiction=”the power to speak the law”
o Court must have jurisdiction over the defendant, the
property involved, and the subject matter in order to
hear the case
o Jurisdiction over persons or property
in personam jurisdictionpersonal jurisdiction
exercised by a particular court over any person or
business that resides in a certain geographic area
in rem jurisdictioncourt exercised jurisdiction
over property located within its boundaries
Long arm statutes and minimum contacts
Long arm statutea court can exercise
personal jurisdiction over certain out-of-
state defendants based on activities that
took place within the state, must be
demonstrated that defendant has sufficient
connection to the state
Corporate contacts
Corporations are considered legal persons,
so courts use the same principles to
determine whether it is fair to exercise
jurisdiction, minimum is usually met if corp
advertises or sells products within the state
o Jurisdiction over subject matter
General and limited jurisdiction
Court of general jurisdictiondecide cases
involving a broad array of issues
Court of limited jurisdiction
State Ex. Probate courtstate court
that handles only the disposition of a
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person’s assets and obligations after
that person’s death
Federal Ex. Bankruptcy courthandle
only bankruptcy proceedings
Court’s subject matter jurisdiction limited
by:
The subject of the lawsuit
The sum in controversy
Whether the case involves a felony or
a misdemeanor
Whether the proceeding is a trial or
an appeal
Original and appellate jurisdiction
Original jurisdictiontrial court seeing
case for first time
Appellate jurisdictionappellate court
reviewing case
o Jurisdiction of the federal courts
Have subject matter jurisdiction when: a federal
question is involved and when there is diversity of
citizenship
Federal question—plaintiff’s cause of action is
based at least in part on the US Constitution, a
treaty, or a federal law
Diversity of citizenshiprequires both of the
following
The plaintiff and defendant must be
residents of different states
The dollar amount in controversy must
exceed $75,000
Jurisdiction in cyberspace
o The “sliding-scale” standard—used to determine if they
can exercise personal jurisdiction over an out-of-state
defendant based on the defendant’s Web activities
(1) when the defendant conducts substantial
business over the InternetYES
(2) when there is some interactivity through a
websiteMAYBE
(3) when a defendant merely engages in passive
advertising on the WebNEVER
o International jurisdiction issues
Venue
o Concerned with the most appropriate location for a trial
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