CH 4

Question 1

A branch of government entrusted with interpreting the laws. They can decide whether the laws or actions of the other two branches are constitutional

Answer 1

Judiciary
The process is called judicial review.

Question 2

What are the basic judicial requirements?

Answer 2

Jurisdiction, Venue, and Standing

Question 3

The authority of a court to hear and decide a specific action. No one court can hear all cases.

Answer 3

Jurisdiction

Question 4

The dimensions of Jurisdiction:

Answer 4

in rem jurisdiction
in personam jurisdiction
subject matter jurisdiction
original jurisdiction
appellate jurisdiction

Question 5

The court’s jurisdiction over particular property. Determined by the geographic location of the property in dispute.

Answer 5

In Rem Jurisdiction (or “jurisdiction over the thing”)
A court generally has in rem jurisdiction over any property situated within its geographical borders.

Question 6

In Rem Jurisdiction Example:

Answer 6

A sues B for possession of a boat that is dry-docked in Texas. Only courts in Texas can exercise in rem jurisdiction over the boat. A cannot sue B in Louisiana for possession of the boat located in Texas.

Question 7

Additional jurisdiction dimension which answers the question of whether the defendant can be sued in this state. Determined by the geographic residence of the defendant.

Answer 7

In Personam (or Personal) Jurisdiction

Question 8

Personal Jurisdiction Example:

Answer 8

A Louisiana resident sues a Texas resident in a Texas state court. Court will have personal jurisdiction over the defendant.
Why?
The defendant resides in the state where the court is located. It does not matter that the plaintiff does not reside in Texas.

Question 9

What about suing a corporation? (Personal Jurisdiction)

Answer 9

The law considers corporations to be legal persons. But where does a corporation “reside”?

Question 10

Where does a corporation “reside”?

Answer 10

A corporation “resides” in both (i) the state in which it is incorporated AND (ii) the state in which it has its principal office or place of business.

Question 11

Does the person or corporation maintain its “residence” in the state where it is sued?
If yes….

Answer 11

The court has personal jurisdiction over the defendant

Question 12

Does the person or corporation maintain its “residence” in the state where it is sued?
If no….

Answer 12

The court does not have personal jurisdiction over the defendant UNLESS: the person or corporation has MINIMUM CONTACTS with the state in which it is being sued.

Question 13

Under what circumstances can a non-resident ever be sued in a state in which it is not a resident?

Answer 13

Courts may use its long-arm statute to allow lawsuits against nonresident parties based on the defendant’s activities that took place within the state.
The defendant must have had sufficient contacts, called minimum contacts, with that state to justify personal jurisdiction.

Question 14

Based on the principle that a defendant’s minimum contacts with a state are sufficient to subject them to the jurisdiction of that state’s courts

Answer 14

The long-arm statute

Question 15

The types of minimum contacts that may trigger the application of the long-arm statute include:

Answer 15

Conducting business within the state.
Owning property within the state.
Entering into a contract with a resident of the state.
Causing harm within the state through specific actions.

Question 16

Can be difficult to determine whether contacts are sufficient for a court to exercise personal jurisdiction if a defendant’s only contacts with the state are through a website.

Answer 16

Personal Jurisdiction in Cyberspace.
(Not a separate jurisdiction division, just a different application)

Question 17

Three types of Internet business contacts that outline the rules for personal jurisdiction.

Answer 17

“Sliding-Scale” Standard
Passive Web site (no)
Some Interaction (in middle)
Substantial Business Interaction (Yes)

Question 18

The authority of a court to hear and decide a specific type of dispute. Usually defined in the statute or constitution that created the court.

Answer 18

Subject-Matter Jurisdiction
(We don’t care about minimum contact, that’s personal jurisdiction)

Question 19

Can decide cases involving a broad array of issues.

Answer 19

Courts of general jurisdiction
(Trial court)

Question 20

Can hear only specific types of cases (e.g., probate, juvenile, bankruptcy)

Answer 20

Courts of limited jurisdiction
Ex: U.S Bankruptcy Courts can only hear bankruptcy matters.

Question 21

Subject-matter jurisdiction are usually limited by:

Answer 21

1. The subject matter of the lawsuit.
   Ex: In Texas, libel claims can only be brought in district court.
2. The sum in controversy.
   Ex: Plaintiff must be seeking damages over a specific dollar amount.

Question 22

Courts in which the case is heard and decided for the first time. Sometimes referred to as the “trial court.”

Answer 22

Courts of original jurisdiction

Question 23

Courts that have the power to review a prior decision in the same case made by another court.

Answer 23

Courts of appellate jurisdiction

Question 24

Subject-matter jurisdiction of the federal district courts is generally limited to two situations.

Answer 24

1. Lawsuits involving a FEDERAL QUESTION (disputes regarding the interpretation/or application of the U.S Constitution, federal laws and regulations, or treaties)
   OR
2. Lawsuits in which there is a COMPLETE DIVERSITY OF CITIZENSHIP between opposing parties to the lawsuit AND the dollar amount in dispute exceeds $75,000.
   (The states of residence from the plaintiff’s side must be completely different than the states of residence of the defendant’s side.

Question 25

Federal district courts have jurisdiction over lawsuits involving a federal question.

Answer 25

If a plaintiff sues a defendant, claiming that the defendant violated a federal statute, then the federal district court has subject matter jurisdiction over the lawsuit. The residence of the parties and the amount in controversy are irrelevant.

Question 26

A corporation may have two states of citizenship:

Answer 26

1. Its state of incorporation; and 2. Its Primary Place of Business (usually defines as its headquarters or "nerve center")

Question 27

Even if no federal question is involved...

Answer 27

The federal district court may still have subject matter jurisdiction based on complete diversity of the parties

Question 28

As with personal jurisdiction...

Answer 28

For purposes of subject-matter diversity federal jurisdiction, a natural person has one state of citizenship, the on in which he/she resides

Question 29

Abel, a resident of Texas, sues ABC Corporation (a corporation incorporated in Texas) in federal court in Florida for $1 for violation of a federal statute, such as the federal Environmental Protection Act. Does the federal court have subject-matter jurisdiction?

Answer 29

Yes, because the lawsuit involves the enforcement, application, or interpretation of a federal question does not matter that both parties reside in Texas or the amount of $$

Question 30

Abel, a resident of Texas, sues ABC Corporation for $100,000 in federal court in Texas for negligence (not a violation of a federal statute). Does the federal court have subject-matter jurisdiction?

Answer 30

It depends

Question 31

Abel, a resident of Texas, sues ABC Corporation for $100,000 in federal court in Texas for negligence. ABC is incorporated in Delaware and has its headquarters in Dallas, Texas. Does the federal court have subject-matter jurisdiction?

Answer 31

No, because ABC Corp. has its principal place of business in Texas and Abel is a resident of Texas, there is not diversity of citizenship both parties reside in Texas.

Question 32

Abel, a resident of Texas, sues ABC Corporation for $100,000 in federal court in Texas for negligence. ABC is incorporated in Delaware and has its headquarters in New York. Does the federal court have subject-matter jurisdiction?

Answer 32

Yes, because diversity of citizenship between the parties and the amount of the lawsuit exceeds $75,000.

Question 33

Abel, a resident of Texas, sues both ABC Corporation and its CEO Ben (a Texas resident) for $100,000 in federal court in Texas for negligence. ABC is incorporated in Delaware and has its headquarters in New York. Does the federal court have subject-matter jurisdiction?

Answer 33

No, because there is a lack of complete diversity of citizenship between the parties both Abel (plaintiff) and Ben (defendant) are Texas residents.

Question 34

Abel, a resident of Texas, sues ABC Corporation for $50,000 in federal court in Texas for negligence. ABC is incorporated in Delaware and has its headquarters in New York. Does the federal court have subject-matter jurisdiction?

Answer 34

No, because, 1. there is no federal question, and 2. although the parties are from different states, the suing amount is not >$75,000

Question 35

Can a plaintiff have a choice on whether to sue in federal or in state court?

Answer 35

Depends on the type of lawsuit filed.

Question 36

Occurs when more than one court can hear the case

Answer 36

Concurrent jurisdiction