Module 2: Litigating in Court Flashcards
Elements a court weighs when deciding if it has jurisdiction include:
1) the state(s) where the parties reside and the alleged action occurred,
2) the type of claim at issue (a civil wrong or a criminal act), and
3) the amount of money at issue (if it’s a civil case).
Personal jurisdiction
the court has the legal right to compel the defendant to appear in court
The right to ___ ____ means a court can’t simply order the resident of another state or another country to appear in court
due process
Personal jurisdiction
court has the legal right to compel the defendant to appear in court.
Why cant the court simply order the resident of another state or country to appear in court
The constitutional right to due process
Due process means that in order for the court to compel the defendant to appear in court, the defendent must either…
1) be a resident of the state or
2) have committed an act in the state
The court must have jurisdiction over the defendant as well as the case’s ___ ___
Subject matter
General jurisdiction
jurisdiction over almost any type of case, whether criminal or civil
A state’s trial courts are known as courts of ____ jurisdiction
general
What is the court of general jurisdiction in the CA state court system
Superior court
The court of general jurisdiction at the FEDERAL level is known as….
US District Court
How many US District Courts does each state have
at least one
How many US District Courts do larger states have
2(+) - each w/ jurisdiction over a different part of the state
How many District Courts are there in California
4
What are the District Courts in CA?
Northern
Central
Southern
Eastern
In what 3 situations do federal courts have subject matter jurisdiction?
1) When the federal gov’t is a party
2) When a question of federal law is at issue
3) When there is diversity of citizenship
Subject matter jurisdiction
Limitations on the types of cases a court can hear
Diversity of citizenship
When the plaintiff and defendant live in different states
In maritime cases and disputes with foreign citizens or governments, ___ courts have exclusive jurisdiction
federal
Where will a ase be heard if the federal government is a party to it?
US District Court
When the gov’t prosecutes a federal crime, like racketeering or mail fraud, where is the case heard?
US District Court
When the government sues a contractor for breach of contract, that is a __(civil or criminal)__ case and is heard in _____ Court
Civil; US District Court
If a suit between private parties raises only questions of federal law, the case will be heard in which court?
US District Court
What violation is usually involved when private parties raise only questions on federal law?
Violation of a federal statute
*may also involve claims regarding deprivation of rights guaranteed under the US Constitution or a treaty
