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ECU FINA 2244 - Chapter 2 Outline

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CHAPTER 2The Court SystemsI. Federal and State Court Systems A. Organization 1. Three tiers – District, Court of Appeals, Supreme Court2. Jurisdiction among tiersa. District – original jurisdictionb. COA, SC – appellate jurisdiction B. Creation1. Congress2. The General Assembly C. Presiding Authority1. Federal2. State3. Judicial Immunitya. definitionb. DavisD. Rules of Civil ProcedureII. Jurisdiction A. Definition B. Two essential types of jurisdiction1. Subject matter2. Personal C. Service – means of establishing jurisdiction1. Personal2. By publication – reasonably calculated to alert DefendantD. Out of State Defendants1. long-arm statutes2. three bases of jurisdiction for long arm statutes - court in state where corporation was incorporated, court in state where corporation has headquarters or main plant, or court is in a state in which the corporation is "doing business"3. doing business – minimum contactsa. Blimkab. Online sales – informative sites vs. direct online salesE. In Rem JurisdictionF. Exclusive Jurisdiction vs. Concurrent Jurisdiction1. Federal Examples and State Examples2. Erie doctrineG. Conflict-Of-Law Rules1. Definition of conflict of law2. Traditional rules vs. significant interestH. Venue1. Definition2. Place where P or D live or where dispute arose3. Change of Venue4. Forum non conveniensChapter 2 Notes Plaintiff: Party who claims to have suffered an injury the law can resolve. Files suit Defendant: Party being sued who allegedly injured the plaintiff - District Courts = D.C. (# of D.C. is 94)- courts of original Jurisdiction, where the case is tried - Court of Appels (# of court of appels 13) – Court of Appellate Jurisdiction means errors of law - Supreme Court- Court of Appellate (S.C)- Created by constitution, congress set up court system- power to rearrange court system- Judges Federal- Nominated by the president for life - State- appointed by goverons, elected, or both. NC ElectionsCons: Favoritism Judicial Immunity- Judges are immune from suit from their Judicial ActDavis: Derived Judicial Immunity, Appointed, exercises Judicial Exercises Jurisdiction: Courts power to hear a laws Answers “can this court hear the case” Subject Matter: Type of Dispute a Court can hear Personal: Courts power over defendant Service:- Personal Service: In Person- By Mail: Return, received - Publication: Last known location, notice in news paper - Registered Agent of Corporation: Sectary of State Out of State:- Long Arm Statute: reaches outside of state and obtain Jurisdiction over non-residents or businessMinimum Contacts- ???????Blimka v. My Web wholesalers (Court case): Company from Maine sent jeans to Idaho, out of state, sued for 2600 pairs of incorrect material of jeans, sued for fraud. Falserepresentation and satisfies minimum contract.In Rem Jurisdiction: Property dispute, state Jurisdiction where property is located. Tangible or intangible. Lawsuits on Property, to resolve dispute. Exclusive Jurisdiction: Divorce (stays in the state courts) Concurrent Jurisdiction: Federal or state courts Erie Doctrine: Hit by train, files in federal court, federal common law, favor of the RailroadRailroad Doctrine: federal courts apply state law except by constitution or Acts of Congress o Conflict of laws- which state rules are going to apply, two different states,depends on contract was made to determine which state laws to use Venue- Where is the court going to hear the case- geographical location where a court with Jurisdiction may hear and determine the case. Where the dispute arises or the party’s location. - Change of Venue- changing the case that is more


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