Comm Law American Judicial System- Federal vs. State Jurisdiction

comm law lecture 1 part 2

What does jurisdiction mean?

To speak the law (Juris-law, diction-speak)

Jurisdiction definition

each court is granted the power to hear certain types of cases

Criminal cases

jurisdiction is where the crime occurred (if you killed someone in NY but live in VA, you go to NY to be tried)

Civil case

Have to prove subject matter and personal matter

Subject matter

What type of case is it? Federal vs. state

Federal exclusive jurisdiction

Specific list of types of cases that have to be tried in federal court, everything else goes to state

Concurrent jurisdiction

Overlap between state and federal

Diversity of citizenship

case must be worth $75k

Federal courts are

faster than state courts

Example of diversity of citizenship

Plaintiff is from VA and defendant is from NC

Example of what would kill diversity of citizenship

If the plaintiff is from VA and the 2 defendants are from VA and NC

What happens when diversity is killed?

It has to go to state court

Diversity must be between…

The plaintiff and defendant (2 defendants from same state does not kill diversity)

Federal question involves

1) the US Constitution and 2) Federal statute that does not state that the federal court is the exclusive jurisdiction (could go for state or federal)

Personal jurisdiction

If you are a resident of a state you are subject to jurisdiction of that state

Example of jurisdiction of non state residents

If the plaintiff is from VA and the defendant is from CA, which state do you charge in?

What does due process say about the jurisdiction of non state residents?

It is unfair to bring a person into the state they are not a resident of to be charged

to be subject to a state’s jurisdiction the subject must…

Have minimum contact with the state

Long arm statutes

Defines what it takes to bring non resident into state, what is the minimum contact?

What do these long arm statutes define as the minimum contact (list)?

1. If the defendant transacts any business within the state

2. If the defendant has a contract within the state to supply goods or services

3. If the defendant commits a tortious act (civil wrong) inside the state

4. If the defendant commits a tortious act outside the state but the injury is within the state (typically through online mediums)

5. If the defendant owns or rents any real property within the state

Describe a passive website

More like an ad, a site with just a number to call to conduct business

Describe an active website

A site you can do business on (like amazon)

What is important about jurisdiction with active websites

Jurisdiction is everywhere that there is access to the site (zippo case!)

What is original jurisdiction

All trial courts, where all cases originate

What is appellate jurisdiction

Only appeals, reviews cases, no cases start here

What is a difference between trial and appellate courts?

In appellate courts parties don’t even go, it is just documents and arguments to review the case, you cannot try a case here (no jurisdiction)

Where is the venue for a case typically

The court house where the act/case happened. (ex: if crime happened in cville you will go to the court in cville)