Jurisdiction + Litigation

Jurisdiction

The power/authority of court to hear a case

Types of cases State courts hear

Family law, divorce, adoption, real estate, cases involving contracts, criminal actions

Types of cases Federal courts hear

Federal questions- Law of the U.S, treaties, Diversity cases (cases involving 2 different states with $ amount more than $75,000

Personal Jurisdiction

Jurisdiction over the person/business

• If resident of state—> automatic jurisdiction granted

• If not resident—> review what contact the party had with the state

3-part test Zippo test

Determines whether or not jurisdiction can be held over defendant

1. Did the party have sufficient minimum contact with the state?

2. Did the lawsuit arise from the minimum contacts?

3. Is the jurisdiction reasonable? (foreseeability)

Long Arm Statute

the state law that allows states to get personal jurisdiction over a party from another state (as long as they have the sufficient minimum contacts)

Subject Matter Jurisdiction

Jurisdiction over the type of case being heard

• Federal: Federal question jurisdiction (federal question + patent laws) Diversity of Citizenship jurisdiction

• State: have over family, contract, property, criminal

Diversity Jurisdiction

Granted if:

• issue covers parties from 2 different states

• Dollar amount at sake is over $75,000

Federal Question Jurisdiction

Cases that arise under the U.S. Constitution, federal statutes, or treaties

EX: Trade mark Infringement of the Zippo Case, patent laws

The Litigation (lawsuit) process

1. Pleadings

2. Discovery

3. Trial

4. Appeal

Pleadings

Plaintiff must file a complaint (give a description of the harm caused by defendant, list damages + recovery methods, legal terms of the lawsuit, claim of jurisdiction)

• Service of process: defendant is notified of lawsuit ( reply within 20 to 30 days)

Discovery

Sharing of information between both parties

• documents, interrogations, depositions (witnesses questioned under oath)

Trial

Witnesses are called + questioned, evidence is presented, closing argument is stated, jury makes decision, final decision is made

Appeal

If either party is dissatisfied, can appeal to higher court

Motion

• dismiss a case

• judgement on the pleadings (ruling based on the facts)

• summary judgement (judge makes decision on part of case)

Mediation

Use of a third party to help both parties come to a conclusion (only helps with COMMUNICATION not decision)

Arbitration

Use of a third party to help make a DECISION (can be binding or non-binding) (does not work for sexual assault/harassment cases)