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NIU MGMT 217 - Court structure, precedent, and jurisdiction

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I.THE JUDICIAL SYSTEMThe Structure of the Federal and State Court SystemsA. Trial Courts1. Determine the facts2. Apply relevant lawB.Appellate courts1. Only review issues of law2. Multiple judges, no juryC. Precedent and Stare Decisis1. Precedent is the rule of law created by a court.2. Stare Decisisis the idea that courts will follow precedent, unless there is a very good reason not to follow precedent.3. Precedent in the Courtsa. Courts will follow the precedent of an earlier case if that earlier case presented:(1) the same issue(2) similar factsb. mandatory precedent(1.) lower courts must follow the precedent of a court to which the case could be appealed.c. Precedent is only persuasive if the case could not be appealed to a court that has set the precedent.d. Courts may distinguish precedent if the relevant facts are significantly different.II.JURISDICTIONA. Subject Matter Jurisdiction1. Federal Question2.diversitya.different states, andb.controversy exceeds $75,000.3. removalB.Personal Jurisdiction1.volunteer2.residenta.individuals are residents of one stateb.corporations are residents of:(1.) the state it has incorporated in, and(2.) the state of its principal place of business3. physical presence at the time of service of process4. long arm statutes and minimum contactsa. defendant’s alleged wrong occurred in the state, orb. defendant has such sufficient contacts with the state that it would not offend traditional notions of fair play and justice to make the defendant come to that forum.c. Cases:(1). International Shoe(2.) Calder v. Jones(3.) World Wide VolkswagenLecture:The Structure of the Federal and State Court SystemsLecture 3Last Lecture Outline:I. ETHICS AND THE LAWA. Ethics and Law are not the same thing.-Generally, acting legally is the ethical minimum.B. To whom do you owe an ethical duty?1. Employer2. Employees3. Shareholders4. Customers5. Family6. SocietyC. Front Page TestD. Ethics in International Law1. Foreign Corrupt Practices Acta. No bribes to foreign officialsb. May grease the wheels, however.This Lecture Outline:I.THE JUDICIAL SYSTEMThe Structure of the Federal and State Court SystemsUnited States Supreme CourtMGMT 217 1st EditionA. Trial Courts1. Determine the facts2. Apply relevant lawB.Appellate courts1. Only review issues of law2. Multiple judges, no juryC. Precedent and Stare Decisis1. Precedent is the rule of law created by a court.2. Stare Decisisis the idea that courts will follow precedent, unless there is a very good reason not to follow precedent.3. Precedent in the Courtsa. Courts will follow the precedent of an earlier case if that earlier case presented:(1) the same issue(2) similar factsState Supreme CourtState Appellate CourtsState Trial CourtsFederal Appellate CourtsFederal District (trial) Courts (discretionary)(right)(removal)(right)(discretionary)(discretionary)MGMT 217 1st Editionb. mandatory precedent(1.) lower courts must follow the precedent of a court to which the case could be appealed.c. Precedent is only persuasive if the case could not be appealedto a court that has set the precedent.d. Courts may distinguish precedent if the relevant facts are significantly different. II.JURISDICTIONA. Subject Matter Jurisdiction1. Federal Question2.diversitya.different states, andb.controversy exceeds $75,000.3. removalB.Personal Jurisdiction1.volunteer2.residenta.individuals are residents of one stateb.corporations are residents of:(1.) the state it has incorporated in, and(2.) the state of its principal place of businessMGMT 217 1st Edition3. physical presence at the time of service of process4. long arm statutes and minimum contactsa. defendant’s alleged wrong occurred in the state, orb. defendant has such sufficient contacts with the state that it would not offend traditional notions of fair play and justice to make the defendant come to that forum.c. Cases:(1). International Shoe (2.) Calder v. Jones (3.) World Wide Volkswagen Lecture:The Structure of the Federal and State Court SystemsOnce you are in the federal system, you stay in the federal system. The defendant can request removal from state trial court to a federal one. United States Supreme CourtState Supreme CourtState Appellate CourtsState Trial CourtsFederal Appellate CourtsFederal District (trial) Courts (discretionary)(right)(removal)(right)(discretionary)(discretionary)MGMT 217 1st EditionTrial Courts: determine the facts of a case and then make a decision.Appellate Courts: look over the case and determine whether the trial courts made the right decision. Precedent: When a court has heard a case that has similar facts and the same issue. Stare Decisis: The assumption that courts will follow precedent unless there is a very good reason not to. Mandatory Precedent:Lower courts under a higher court’s jurisdiction must follow the precedent set by the higher court.Persuasive Precedent: A court can choose whether or not to follow the precedent of another court that does not have jurisdiction over it. Subject Matter Jurisdiction: When a court can hear a certain type of case. Diversity: Federal Court has subject matter jurisdiction over a case if 1. The two parties in the case are from different statesAnd2. The amount of money in the case is over $75,000Federal Courts also have subject matter jurisdiction over cases involving the constitutionality ofa law or action and federal matters. Personal Jurisdiction:A state court has personal jurisdiction over a case if:1. One group volunteers to go to a court in the other groups state2. If both groups are residents of the state or if a corporation has a physical presence in orwas incorporated in that state.3. The defendant gets a summons to court while they are physically present in the state.Long Arm Statue: A state has personal jurisdiction if 1. The wrong was committed in the state2. The defendant has sufficient contacts in the state.MGMT 217 1st


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