Jurisdiction and Venue Flashcards
NY State Court
Supreme Court of the State of New York
Trial court in NY state
Appellate Division of the of the Supreme Court
Intermediate appellate court
Court of Appeals
Highest court in NY state
Federal Courts
The principal trial courts are the U.S. district courts.
Federal appellate courts are called the U.S. courts of appeal.
Finally, the U.S. Supreme Court is the ultimate arbiter of federal law.
Judicial Caseloads: State v. Federal
The federal district courts handle approximately 280,000 civil cases and 80,000 criminal cases each year, making a total of 360,000 cases.
By contrast, state courts hear around 40 million cases each year.
What is Subject matter Juristiction ?
It means that a court has the power to hear cases of a particular type and provide the remedy demanded.
The extent to which a court can rule on the conduct of persons or the status of things is also determined by subject matter jurisdiction.
What is personal jurisdiction ?
Personal jurisdiction means the ability of a court having subject matter jurisdiction to exercise power over a particular defendant or item of property.
An example of personal jurisdiction
An example of personal jurisdiction is when a person is driving through a state and gets into an accident, then that state has jurisdiction over her concerning any criminal charges or civil actions in that state over that specific inciden
What is Exclusive Jurisdiction & Concurrent Jurisdiction
Exclusive Jurisdiction: This is like a private party where only one court gets an invitation. In other words, only one court has the power to hear and decide a case. This can be based on the U.S. constitution, statutes, or contracts.
Concurrent Jurisdiction: This is like a public party where more than one court gets an invitation. So, more than one court can hear and decide the same case. This can be based on shared powers between the federal and state governments.
Example of Exclusive Jurisdiction
Federal criminal cases
Federal antitrust cases
U.S. is a party (ex. suing IRS for tax refund)
Example of Concurrent Jurisdiction
Bank Robbery
Breach of Contract
Whats Facebook’s Forum Selection Clause
Facebook’s Forum Selection Clause is like a rule in Facebook’s rulebook (terms of use) that says if you have a problem with Facebook and want to sue them, you have to do it in California, because that’s where Facebook is based.
Now, let’s talk about the Franklin v. Facebook case. Franklin had a problem with Facebook and decided to sue them in Georgia. But Facebook said, “Wait a minute, our rulebook says you have to sue us in California!” So, they asked the court to move the case to California.
Personal Jurisdiction in the context of the Internet
personal jurisdiction on the Internet is about whether a court can step in based on what someone is doing on the Internet.
Examples of personal jurisdiction
Interactive Websites: Imagine you’re driving a car (website) on roads in different states (interacting online). If you break a traffic rule in a state, the traffic laws of that state can apply to you because you’re actively driving there.
Passive Websites: But if you’re just looking at a map of different states (providing information online), the traffic laws of those states might not apply to you because you’re not actually driving there.
E-commerce Platforms: Now, imagine you’re selling cars online. If someone in another state buys your car and there’s a problem with it, you could be held responsible in the buyer’s state, even if it’s far away from where you live.
