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Posted: December 11th, 2022
Civil Litigation
Describe the functions of trial courts and courts of appeals in the litigation process?
Trial courts act to solve cases between 2 parties looking for a solution for the very first time. Courts of appeal preside over cases where one of the parties does not like the decision of the trial court (Smithburn, 2017).
How is the FEDERAL court system structured?
The FEDERAL court system has 3 structures. The Supreme Court is the top most court. At the intermediate level are the courts of appeal. District courts are at the lowest level in the federal system.
What are the names of New York’s STATE trial level courts, the appellate level courts, and the highest court in the New York STATE court system? The FEDERAL court system is divided into three parts. The Supreme Court is the highest court in the land. The courts of appeal are at the intermediate level. District courts are the lowest level of the federal judiciary.
What are the names of New York’s STATE trial and appellate courts, as well as the highest court in the New York STATE court system?
Trial level courts include city courts, district courts, civil & criminal courts and justice courts. Appellate level courts include court of appeals and county courts. Highest court includes the Supreme Court and specialized courts.
What is subject matter jurisdiction?
This is the power of a court to preside over certain types of cases related to a certain subject matter.
Name three types of cases can be brought in federal court?
• Cases that involve infringement of the federal law or constitution
• Bankruptcy cases
• Federal land crimes
What is the difference between exclusive jurisdiction and concurrent jurisdiction?
Exclusive jurisdiction is the authority of a court to try a case to the exclusion of all other courts while concurrent jurisdiction refers to the power to exercise judicial review by dissimilar courts simultaneously, within a similar territory, and over a similar subject matter (Miller & Jentz, 2017).
Name one court in the New York State Court system that has concurrent jurisdiction over some subject matter and what is that subject matter?
New York Family Court-handles cases that involve families and children
When does a court have personal jurisdiction over a party to a lawsuit?
A court has personal jurisdiction when the plaintiff files legal action and the defendant appears in court voluntarily.
What is venue?
Venue denotes to the location where a civil litigation or criminal offense is to be carried out.
What is the difference between personal jurisdiction and in rem jurisdiction?
Personal jurisdiction is where the court has authority on the subject matter of the case and the parties involved (Smithburn, 2017). On the contrary, rem jurisdiction is where the courts cannot establish jurisdiction over an individual but can establish jurisdiction over personal property situated within its geographical borders.
Why do states have long-arm statutes?
To allow them to get personal jurisdiction over defendants that are not from the state on the basis of particular acts perpetrated by these defendants.
International Shoe v. Washington
Describe the contacts that International Shoe has with the State of Washington.
• Presence in the state- the company’s salesmen were conducting business in Washington
• Property ownership-the company’s products were regularly shipped to Washington for sale
• Instate activity-the company’s conducted its sale activities in Washington
Did the Court feel that these contacts were sufficient to give Washington personal jurisdiction over International Shoe?
Yes.
What was the reason for the Court’s decision?
The court argued that in order to obtain jurisdiction over an out-of-state entity, the individual/entity must have particular minimum contacts with it such that it does not breach the conventional notions of substantial justice and fair play.
References
Miller, R., & Jentz, G. (2017). Cengage Advantage Books: Business Law Today: The
Essentials. Cengage Learning.
Smithburn, J. E. (2017). Appellate Review of Trial Court Decisions. Boston: Cengage
Learning.
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