Recording-2025-01-28T18:00:43.209Z

Jurisdiction Overview

• Jurisdiction is the authority of a court to hear a case and make legal decisions.

Types of Jurisdiction

In Rem Jurisdiction

• Pertains to disputes over property within the jurisdiction.

• Example: A lawsuit filed in Minnesota by a claimant asserting rightful heir status.

Personal Jurisdiction

• Courts must have personal jurisdiction over a defendant to hear a case.

  • Factors determining personal jurisdiction:

    • Defendant's Residency: Can the defendant be sued in their home state?

    • Routine Presence: Is the defendant often found in the jurisdiction?

    • Consent: Has the defendant agreed to the jurisdiction?

    • Long Arm Statutes: Allows states to exercise jurisdiction over out-of-state defendants if they have sufficient contacts with the state.

Case Example: Melanie vs. Her Business Law Teacher

• Key Questions: Where to sue? Which state has personal jurisdiction?

  • If the teacher is not a resident of Oklahoma, Melanie needs to ascertain:

    • Is he routinely in Oklahoma?

    • Has he consented to be jurisdiction in Oklahoma?

    • Does the long arm statute apply (e.g. actions in the state)?

Case Example: Bud Injures Melanie in Missouri

• Bud, an Illinois resident, injures Melanie, an Iowan, in Missouri during an accident.

• Personal jurisdiction considerations:

  • Illinois: Bud is a resident, personal jurisdiction established.

  • Missouri: The accident occurred here, establishing jurisdiction.

  • Iowa: No action occurred involving the defendant, therefore, no jurisdiction.

Corporate Jurisdiction

Jurisdiction for Corporations

• Corporations are subject to jurisdiction in:

  • Their state of incorporation

  • Their headquarters location

  • Any state where they do business

• Example: Thompson Incorporated operates in multiple states; it can be sued in those where it conducts business.

Case Example: Burger King vs. Rudciewicz

• Facts: Rudciewicz (Michigan) contracts with Burger King (Florida).

• Jurisdiction Question: Can Florida court exercise jurisdiction?

  • Supreme Court ruled Florida has personal jurisdiction due to the franchise agreement and business dealings in Florida.

Cyberspace and Jurisdiction

• Just having a website doesn't establish personal jurisdiction; there must be sufficient business activities, or minimal contacts.

  • Passive websites don't establish jurisdiction.

  • Interactive websites require examining the level of business engagement.

Subject Matter Jurisdiction

Court Hierarchies

• State Courts: General jurisdiction, can hear most types of cases.

• Federal Courts: Limited jurisdiction, hearing specific types of cases.

  • Original Jurisdiction: Federal courts can hear constitutional issues, acts of Congress, treaties.

  • Diversity of Citizenship: Cases involve parties from different states or countries with over $75,000 at stake.

Exclusive and Concurrent Jurisdiction

• Exclusive Federal Jurisdiction: Certain matters only federal courts can hear (e.g. patents, copyrights).

• Exclusive State Jurisdiction: All matters not under federal jurisdiction are for state courts.

Additional Notes

Original vs. Appellate Jurisdiction

• Courts with original jurisdiction are trial courts.

• Supreme Court generally has appellate jurisdiction but has original jurisdiction in limited cases.

Small Claims Courts

• Allow individuals to represent themselves without attorneys in minor disputes, typically providing resources for filing claims.