Chapter 4 part 1 Flashcards
(17 cards)
Litigation
avoid going to trial if you can, costly and time consuming
What does standing to sue mean?
Are you entitled to sue
How does a plaintiff establish standing to sue?
*A case or controversy (legal wrong)
*A personal stake in the resolution
What is personal jurisdiction?
Authority over the parties to the case on the part of the court
Personal Jurisdiction over a plaintiff is obtained when?
plaintiff files the suit (voluntary submission)
Personal Jurisdiction over the defendant is obtained by?
Summons and Service of process
How does a state obtain personal jurisdiction over a Defendant who is out of state?
Long-Arm Statutes
These long arm statutes are only constitutional if
they provide the defendant with due process of the law (must have minimum contacts with the state)
Minimum Contacts Test
-Defendant committed a tort?
own property that is subject matter?
-entered into contract or transacted the business that is the subject matter?
*IF answer is yes to any, we have satisfied the requirement.
In Criminal Cases, where must the crime be committed in order for the court to have jurisdiction over the case?
Within the state
In criminal Cases, Jurisdiction over the person of the defendant is obtained by?
arrest
What if the criminal took off to a different state?
The prisoner must be transported back to the state where the crime occurred.
What is Extradition?
Voluntary turning in of prisoner from one state to another by presiding governors.
What is a Class Action suit?
One or more plaintiffs file suit on their own behalf and all other persons who may have a similar claim.
What are the requirements to certify a class in a class action suit?
- The class is so numerous
- questions of law or fact common to the class (Commonality)
- claims or defenses of the parties are typical of the claims or defenses of the class AND
- The representative parties will fairly protect the interests of the class.
In Walmart Stores Inc. v. Dukes, women claimed they were being passed over for promotions and paid less than men. Should this case be certified as a class action lawsuit?
No, the case should not be certified as a class action. With 1.5 million women involved, it would be extremely difficult to prove that all of them experienced discrimination in the same way.
What happens if the Class certification is denied?
the class action lawsuit can’t move forward. However, individual members of the failed class can bring their own separate lawsuit to recover potential damages. But If its allowed and you lose, you cant do it individually!