Legal Studies Lecture Notes April 22 2014 Professor Hodge I Jurisdiction Refers to the power of the court to hear a case and grant relief a Two things must be satisfied i Over subject matter ii Over the person 1 Must file a lawsuit with the proper court the kind of court that hears the kind of case you are dealing with 2 Ex Tax court can t hear traffic law court 1 This exists where the court has the power to exercise it s authority over the parties this is required in jurisdiction 2 Since plaintiff is the one that files the lawsuit and submits to the court s jurisdiction there is no issue however with the defendant they are subject to the jurisdiction of the court 3 Lawsuits must be filed where you can find the defendant where they live work b Tagging Find the person within a certain state and if you can find them within a certain state that state has jurisdiction c Long Arm Statutes You can reach out and pull a defendant in for jurisdiction in a certain state i Applies in these situations You can be sued if If they commit a tort inside a certain state If they own property within a certain state If they are in business within a certain state 1 2 3 d Examples i Car accident in NJ 1 Plaintiff from PA Defendant from PA you can sue in PA because the defendant is from PA or you can sue in NJ where they accident happened 2 Plaintiff from NJ Defendant from PA you can sue in either PA or NJ 3 Plaintiff from PA Defendant from NJ you can sue in NJ i Depends on the type of internet transaction and the type of e Internet Jurisdiction website 1 If the defendant repeatedly does business in that area would have subject themselves to jurisdiction in that area 2 Suppose a doctor posts incorrect information on a website can they be sued in any state if the defendant comes across this information and then relies upon it Court would say that the information is passive not selling anything just information Courts will not allow you to sue II Venue Where the case should be heard a A change in venue can occur when the defendant cannot get a fair trial in the location because of prejudice or bias publicity etc b A change of venue can occur due to forum non conveniens the court is not convenient for the parties and or witnesses III Standing Constitution provides that The Judicial Power shall extend to all Cases and Controversies a The plaintiff in order to file the lawsuit has to have a direct and substantial interest in the outcome of the case b Article four requires that each state must recognize the laws judgments and judicial proceedings of every other state full faith and credit clause
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