Jurisdictions

Introduction

• Instructor's status: recovering from a respiratory infection; non-contagious.

• Purpose of the session: continue discussing procedural law and introduce torts next week.

• Importance of following along with notes available on Canvas.

Course Outline

• Current Material: Procedure

• Next Week: Introduction to Torts (Weeks 5 and 6 notes)

• The chapters in the syllabus are important for reading.

• Planning to discuss the life of a lawsuit before the midterm.

Sources of Law

• Reviewed important sources including the Constitution and key Supreme Court cases.

• Key cases:

  • Plessy v. Ferguson: upheld racial segregation laws.

  • Brown v. Board of Education: overturned Plessy, declared segregation unconstitutional.

  • Roe v. Wade: established women's legal right to abortion.

  • Dobbs v. Jackson Women's Health Organization: overturned Roe, emphasizing Supreme Court's authority in constitutional interpretation.

• Emphasized the importance of understanding how the Supreme Court's interpretation can change without altering the Constitution.

Jurisdiction

• Definition: The legal authority a court has to hear a case.

• Key Question: Does the court have jurisdiction over the matter?

• A claim can be strong, but if filed in the wrong court, it may be dismissed.

Types of Jurisdiction

1. Original Jurisdiction:

   • Trial court, where lawsuits are initially filed.

   • Example: California has county trial courts for different jurisdictions.

2. Appellate Jurisdiction:

   • Court's authority to review decisions made by lower courts.

   • Appeals can be made automatically if dissatisfied with a ruling.

Federal and State Jurisdiction

• Federal Courts: Handle cases that meet specific criteria, such as federal questions or diversity of citizenship.

• Diversity of Citizenship: Legal issues between parties from different states, requiring over $75,000 at stake.

Personal Jurisdiction

• In Personam Jurisdiction: Jurisdiction over a person based on their residence or business operations within the court's area.

• In Rem Jurisdiction: Jurisdiction based on the presence of a thing (property) within the court's jurisdiction.

  • Example: A case involving faulty windmills installed in California.

Venue vs. Jurisdiction

• Venue: The specific location within a jurisdiction where a case is heard; more flexible than jurisdiction.

• Courts allow filings in the venue as long as it's in the correct state; venue shopping is looked down upon.

Legal vs. Equitable Remedies

• Legal Remedies: Primarily monetary compensation for loss (e.g., emotional distress damages).

• Equitable Remedies: Non-monetary remedies, such as:

  • Temporary Restraining Orders (TRO): Orders to prevent harm.

  • Specific Performance: Compelling a party to fulfill a promise, such as completing a sale.

  • Injunctions: Court orders to stop specific actions.

Fun Fact

• The instructor humorously shared a personal story involving unexpected puppies from a family pet, showcasing multi-faceted teaching.

Conclusion

• Recap on crucial concepts covered in class, emphasizing their importance for upcoming evaluations such as midterms and finals.