Courts and Jurisdiction

Dual Court System

two parallel systems

state courts: handle most disputes, each state has its own structure for state law issues

federal courts: limited matters involving federal law or diversity of citizenship

trial courts

courts of original jurisdiction—where cases begin, facts are established, evidence presented, witnesses heard

appellate courts

reviews trial court decisions, but doesn’t retry facts or hear new evidence

highest court (state supreme or US supreme)

final word on legal questions in that system

jurisdiction

a courts authority over involved parties

in personam

over defedant personally, based on residence, presence, or consent.

plaintiffs usually file where they reside so this mainly concerns the defendent

if the defendent is a corp/llc/llp, need to determine juridction

long arm

allows states to obtain jurisdiction over an out of state defendant if they have a sufficient connection

In rem

over the thing/property—allwos courts to assert jurisdiction over the thing

quasi in rem

won controversy in one state but defendant lives in another and refuses to pay, you would establsih quasi in rem jrusidiction in the state where the defendant is located

subject matter

authority of a court to adjudicate a particular subject matter of a case

minimum contacts requirement

defendant must have enough meaningful contact with the forum state that its fair to require them to defend a suit there

determining jurisdiciton for a corp/llc/llp

where are they incorporated?

where are their headquarters?

what are their contacts with the state?