LGST 3010 – Ch 3 – Judicial System & Jurisdiction

Two roles of the judiciary

(1) Adjudicate disputes, (2) judicial review

Three lawsuit prerequisites

Standing, jurisdiction (subject matter and personal), venue

Standing

Legal right to sue: plaintiff is sufficiently affected, and there is a real case or controversy a court can resolve

Subject matter jurisdiction (SMJ)

The court's authority over the type of case; you need BOTH SMJ and personal jurisdiction

Exclusive federal jurisdiction

Cases where the U.S. is a party (and certain federal statutes)

Concurrent jurisdiction

State or federal court may hear it: federal question cases and diversity cases

Diversity jurisdiction

Federal court can hear a state-law case if parties are citizens of different states AND amount in controversy exceeds $75,000; diverse defendant may remove within 30 days of service

Personal jurisdiction (PJ)

Court's authority over the defendant; based on citizenship/residence, or a long-arm statute for out-of-state defendants

Long-arm statute

Allows suit against out-of-state defendant who transacts business in the state, commits a negligent act there causing loss, or owns property there; limited by due process

Minimum contacts test (cyberspace)

(1) Defendant has sufficient minimum contacts with the forum state, (2) claim arises from those contacts, (3) exercise of jurisdiction is fair and reasonable

World-Wide Volkswagen v. Woodson

Oklahoma lacked PJ over a NY car dealer and regional distributor just because a car sold in NY was driven to Oklahoma; foreseeability alone isn't enough

Goodyear Dunlop Tires v. Brown (2011)

North Carolina lacked general jurisdiction over Goodyear's foreign subsidiaries in a Paris bus crash case; general vs. specific jurisdiction

General vs. specific jurisdiction

General: defendant is essentially "at home" in the forum, so it can be sued there on any claim. Specific: claim arises from the defendant's contacts with the forum

Clemens v. McNamee (5th Cir. 2010)

Texas court lacked PJ over McNamee: his defamatory statements weren't made in or aimed at Texas

Franklin v. Facebook (N.D. Ga. 2015)

Facebook moved to transfer based on the forum-selection clause in its terms; illustrates enforcement of forum-selection clauses

Venue

Most appropriate location for trial within a jurisdiction; civil = usually where defendant resides/is headquartered (or where claim arose); criminal = where crime was committed

Zippo standard

Sliding scale for internet PJ based on the website's level of interactivity and commercial activity

Country of origin vs. country of reception

Origin: apply the law where the defendant's servers are located (US, Canada, EU). Reception: apply the law where content is received; riskier (Dow Jones sued in Australia)

Factors in court selection

Court congestion, right to jury trial, jury pool, judiciary's leanings and experience, litigation cost

Writ of certiorari

Order by which SCOTUS agrees to review a lower court decision; SCOTUS chooses which cases to hear

Mayo v. Satan and His Staff (W.D. Pa. 1971)

Leave to proceed in forma pauperis denied: doubts about PJ over defendant, whether a class action was proper, and no service-of-process instructions

Marbury v. Madison (1803)

Established judicial review: courts can declare laws and executive acts unconstitutional

Standing: injury requirement

Injury must be actual or imminent (about to happen and serious); e.g., Rosa Parks had standing because she was actually arrested

In rem jurisdiction

Jurisdiction based on property located within the court's territory

Quasi in rem jurisdiction

When the defendant can't be served personally, the court attaches the defendant's property in the state and resolves the claim against that asset

Jurisdiction vs. venue

Jurisdiction = whether a court CAN hear the case. Venue = where the case SHOULD be heard within that jurisdiction

Removal

If a plaintiff files a diversity-eligible case in state court, the defendant can remove it to federal court (within 30 days of service)

SCOTUS caseload

9 justices; receives about 7,000 petitions a year and hears roughly 70–80; circuit splits are a common reason to grant certiorari