Slide 1Basic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsBasic Judicial RequirementsExclusive vs. Concurrent JurisdictionJurisdiction in CyberspaceBasic Judicial RequirementsBasic Judicial RequirementsState and Federal Court SystemsState Court SystemsState Court SystemsState Court SystemsFederal Court SystemExhibit 3.3: U.S. Courts of AppealFederal Court SystemFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseFollowing a State Court CaseCourts Adapt to the Online WorldAlternative Dispute ResolutionAlternative Dispute ResolutionNegotiationMediationArbitration© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 3: Courts andAlternative Dispute ResolutionAlina555/iStockphoto.com© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.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. 2© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Persons or Property.–Over person- “in personam” jurisdiction.–Over property- “in rem” jurisdiction–Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate.–Service of Process3© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Persons or Property.–Out of State Business Defendant•Principal business in state•Incorporated in the state•Long arm statutes4© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Persons or Property.–Long-Arm Statutes: courts use long-arm statutes for non-resident parties based on “minimum contacts” with state.•See International Shoe Co. v. State of Washington (1945). 5© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Persons or Property.–Corporate Contacts: corporation advertises or sells products within a state.–Example 3.4 pg 636© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Persons or Property.–A court generally has in rem jurisdiction over any property situated within its geographical borders.–Power to decide issues relating to property, whether the property is real, personal, tangible, or intangible.7© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction over Subject Matter.–Limitation on the types of cases a court can hear, usually determined by federal or state statutes.•For example, bankruptcy, family or criminal cases.–General (unlimited)vs. Limited jurisdiction.8© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•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© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.BASIC JUDICIAL REQUIREMENTS•Jurisdiction of the Federal Courts.–“Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law.–“Diversity” cases occur when:•The parties are not from the same state, and•The amount in controversy is greater than $75,00010© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for