chapter fourrrrrrr

in rem jurisdiction

courts jurisdiction over a particular property, determined by geographic location of the property in dispute

in personam jurisdiction

asks whether the defendant can be sued in this state, determined by the geographic RESIDENCE of the defendant

personal jurisdiction for corps

corp resides in both the state where it is incorporated and where its principle office/place of business is

minimum contacts

conducting business within the state, owning property within the state, entering a contract, or causing harm within the state

subject matter jurisdiction

authority of the court to hear and decide a specific type of dispute

subject matter jurisdiction is limited by

subject matter, sum in controversy

venue

is this the best place to try the case

the venue is usually the place where

defendant resides or does business, contract was signed, contract was to be carried out, tort occurred

standing

does the plaintiff have sufficient stake to justify seeking relief thru the courts/ has this person actually suffered any harm

us district court

sees original civil or criminal lawsuit

all federal judges

are appointed (for life) by the president and subject to senate confirmation

which circuit of appeal is texas

5

discretionary review

the supreme court gets this privilege over all federal appellate courts

writ of certiorari

writ to request case is seen by the supreme court, denial of request means lower courts decision is affirmed

negotiation

informal settlement talk, sometimes w out attorneys to resolve the case, one side makes an offer to settle

mediation

uses a private and neutral 3rd party, shuffling agent and suggests ways parties can settle their dispute, does NOT decide who wins or loses

arbitration

neutral 3rd party who IMPOSES a resolution, both parties must agree to this form of ADR, award is usually the final word on the matter