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Bizha BLAW 372H Exam 1 Content, genuinely I apologize, this isn't set up the best for learn
federal courts are NOT ___________
superior to the state courts
judicial review
the judiciary can decide whether the laws or actions of the other two branches are constitutional
Marbury v. Madison
Supreme Court established judicial review in this case in 1803
3 requirements for lawsuit to be brought before a court
jurisdiction, venue, standing to sue
Jurisdiction
before any court can hear a case, it must have jurisdiction over the person (or company) against whom the suit is brought or over the property involved in the suit
In personam jurisdiction
generally a court can exercise personal jurisdiction over any person or business that resides in a certain geographic area
state supreme court has juridictional authority over all residents within the state
in rem jurisdiction
when a court exercises jurisdiction over property that is located within its boundaries
long arm statute
way that a court can exercise personal jurisdiction over out-of-state defendants based on activities that took place within the state, must meet minimum-contacts requirement
Minimum-Contacts requirement
defendant must have sufficient connection to the state for the judge to conclude that it is fair
Where are corporations subject to personal jurisdiction
the state in which it’s incorporated, has its principal office, and/or doing business… courts can apply minimum-contacts to determine if they can exercise over jurisdiction over out-of-state corporations
large corps that do business in many states are not automatically subject to jurisdiction in all of them (must be doing substantial business)
jurisdiction over subject matter
limits what types of cases a court can hear
Probate courts
state courts of limited juridiction that can only handle matters relating to the transfer of a person’s assets and obligations after that person’s death
bankruptcy courts
federal court of limited subject-matter jurisdiction, can only handle bankruptcy proceedings
When do federal courts have subject-matter jurisdiction
when a federal question is involved and when there is diversity of citizenship
Diversity of citizenship
requires both of the following
the plaintiff and defendant must be residents of different states
the dollar amount in controversy must exceed $75,000
What type of law does the federal court apply to diversity of citizenship case
they will apply relevant state law (often the law of the state in which the court sits)
concurrent jurisdiction
when both federal and state courts have the power to hear a case (lawsuits including diversity of citizenship)
party can decide to bring a suit in either court
exclusive jurisdiction
when cases can only be tried in federal courts or only in state courts
what is jurisdiction in cyberspace?
“sliding-scale” used to determine when the courts can exercise personal jurisdiction over an out-of-state defendant based on their Web activities
3 types of internet business contacts for minimum contacts
when the defendant conducts substantial business over the internet, jurisdiction is proper
some interactivity through a website, jurisdiction may be proper
when the defendant merely engages in passive advertising, jurisdiction is never proper
venue
concerned with the most appropriate location for a trial
significance of venue
has lost some significance nowadays because of the internet and 24/7 news reporting
3 elements of standing to sue
harm- party must have suffered real and substantial harm
causation- there must be a causal connection between the conduct complained of and the injury
remedy- must be likely (not speculative) that a favorable court decision will remedy the injury suffered
The State and Federal Court Systems
trial courts
where trials are held and testimony is taken
courts of limited jurisdiction
generally inferior trial courts or minor judiciary courts
local muicipal courts and domestic relations courts
small claims courts
inferior trial courts that only hear civil cases involving claims of less than a certain amount, more informal
appellate/reviewing courts
every state has at least one court of appeals, either an intermediate court or the state’s highest court… focus on questions of law
question of fact
what really happened in regard to the dispute being tried
question of law
the application or interpretation of the law
State’s highest court
their decisions on all questions of state law are FINAL, only cases where federal law are involved can be moved to the US Supreme Court
3 tiers of the federal court
U.S. district courts —> U.S. courts of appeals —> the United States Supreme Court
How do federal court judges get their position?
appointed by the president of the US, subject to confirmation by the Senate (lifetime appointments)
How many federal judicial districts are there?
94
What federal judicial circuit is Nebraska in?`
8th
How many U.S. court of appeals are there
13
What cases can the US supreme court review?
any case decided by the federal courts of appeals or cases involving federal questions that have been decided in the state courts
Rule of 4
supreme court will not issue a writ (request to a lower court to send the record of a case) unless 4+/9 justices approve it
litigation
the process of resolving a dispute through the court system
alternative dispute resolution (ADR)
more flexible than litigation and also less costly, becoming more popular (more private too!)
Examples of ADR
parties sitting down together and attempting to work out their differences, formal hearings before panels of experts… the parties decide how they will attempt to settle their dispute
Forms of ADR
negotiation, mediation, arbitration
negotiation
simplest form of ADR… parties attempt to settle informally, with or w/o attorneys to represent them
Mediation
form of adr, neutral third party acts as a mediator and works with both sides in a dispute to facilitate a resolution (usually a fee involved)
states that require an attempt at adr before trial often offer mediation as one of the options
abritration
adr form with a neutral third party or panel of experts that hear the dispute and impose a resolution on the parties… different from the other types because the 3rd party actively makes a decision for the parties
Generally legally binding unless it’s arbitration mandated by the courts
other types of ADR (newer)
early neutral case evaluation, mini-trial, summary jury trials
Online dispute resolution
frequeuntly related to rights to domain names or the quality of goods sold via the Internet
For the past year, Zegrida has been writing a historical fiction novel based on the experiences of her family as they immigrated to the United States from Latvia during World War II. When finished, she contacted a publisher and was shocked to discover that her book had just been published two weeks ago with Fran, a business acquaintance of Zegrida, listed as the author. Two months ago, Zegrida had asked Fran to review the book and give feedback, but instead, Fran published the book under her own name. Zegrida plans to sue Fran for copyright infringement and is trying to decide in which court to sue. Zegrida must sue Fran:
in state court because the suit involves a copyright issue.
in state court because both Fran and Zegrida live in the same state.
in either federal district court or state court because both Fran and Zegrida live in the same state and the suit involves a copyright issue.
in federal district court because the suit involves a copyright issue.
in federal district court because the suit involves a copyright issue
what type of courts are federal courts
courts of limited jurisdiction
what type of jurisdiction do state courts have
broad
Which branch of government has the authority to enact law?
legislative
The federal and most state judicial branches have at least these three levels in the court system:
trial court, intermediate appellate court, and highest appellate court.
How many circuits are the federal appeals courts divided into?
12, including the D.C. circuit
Note 
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