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LPP 255 (13)
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Chapter 2

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Syracuse University
Law & Public Policy
LPP 255

CHAPTER 2 • Judicial review= judiciary branch can decide if the other two branches are unconstitutional • Jurisdiction= before a case can be heard in court, it must have jurisdiction over the person against the suit is brought o In personam jurisdiction= personal jurisdiction over any person or business that resides in a certain geographic area  County has jurisdiction over its residents  State has jurisdiction over its residents o In rem jurisdiction= over the thing  Dispute over ownership of boar docked in FL but owned by a Ohio resident, other party is Nebraska resident • FL court o Long arm statute= exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state  Contact must have… • Sufficient contacts or minimum contacts with the state to justify the jurisdiction • Must have enough connection to the state • Sliding scale= used to determine personal jurisdiction over an out of state internet based defended o 1. Substantial business conducted over the internet (contracts and sales)  Proper jurisdiction o 2. Interactivity through website  May or may not be proper o 3. Passive advertising  Improper o Internet communication is typically considered passive if people have voluntarily access it to read the message and active if it is sent to a specific individuals • Venue= concerned with the most appropriate location for a
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