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Abbreviated Chapter Outline

Abbreviated Chapter Outline. The Judiciary’s Role in American Government. Basic Judicial Requirements: A. Jurisdiction E. Venue F. Standing. §2: Basic Judicial Requirements.

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Abbreviated Chapter Outline

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  1. Abbreviated Chapter Outline • The Judiciary’s Role in American Government. • Basic Judicial Requirements: A. Jurisdiction E. Venue F. Standing

  2. §2: Basic Judicial Requirements Jurisdiction: “Juris” (law) “diction” (to speak) is the power of a court to hear a dispute and to “speak the law” into a controversy and render a verdict that is legally binding on the parties to the dispute.

  3. §1: The Judiciary’s Role The Judiciary interprets and applies law to resolve disputes. Judicial Review is not mentioned in the Constitution but established in Marbury v. Madison (1803) --Power of the court to “decide what the law is.” --Process by which a court decides upon constitutionality of legislative enactments and executive actions.

  4. Jurisdiction Over Persons • Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate. • Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state. • Case 2.1: Cole v. Mileti (1998).

  5. Jurisdiction: 1. Personal Jurisdiction (In personam) A. State Courts 1. General Jurisdiction 2. Specific Jurisdiction (sufficient minimum contacts and a long-arm statute). B. Federal Courts 1. Federal Question Cases 2. Diversity Cases 2. Jurisdiction over Property (In Rem) 3. Subject Matter Jurisdiction

  6. Jurisdiction Over Property • Also called “in rem” jurisdiction. • Power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. • A court generally has in rem jurisdiction over any property situated within its geographical borders.

  7. Subject Matter Jurisdiction • This is a limitation on the types of cases a court can hear, usually determined by federal or state statutes. • General (unlimited) jurisdiction—aka Trial cts. • Limited jurisdiction—For example, bankruptcy, family or criminal cases (aka. “Special” cts.).

  8. Original and Appellate Jurisdiction • Courts of original jurisdiction is where the case started (trial). • Courts of appellate jurisdiction have the power to hear an appeal from another court.

  9. Federal Court Jurisdiction • “Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law. • “Diversity” cases where: • The parties are not from the same state, and • The amount in controversy is greater than $75,000.

  10. Exclusive vs. Concurrent Jurisdiction • Exclusive: only one court (state or federal) has the power (jurisdiction) to hear the case. • Concurrent: more than one court can hear the case.

  11. Venue • Venue is concerned with the most appropriate location for the trial. • Generally, proper venue is whether the injury occurred.

  12. Standing • In order to bring a lawsuit, a party must have “standing” to sue. • Standing is sufficient “stake” in the controversy; party must have suffered a legal injury. • Case 2.3: High Plains Wireless LP vs. FCC (2002)

  13. Texas Courts Federal Courts Ct. Criminal Appeals Supreme Court U.S. Supreme Court Court of Appeals Circuit Courts of Appeals District Court County Court Justice Court Municipal Court U.S. District Court §3: State and Federal Courts

  14. Jurisdiction in Cyberspace • “Sliding Scale” Standard • Case 2.2 Bird v. Parsons Substantial Business Interaction NoYes PassiveWebsite

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