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12 Cards in this Set
- Front
- Back
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Civil litigation involves the use of law and the legal process to resolve disputes among businesses, individuals and governments.
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Litigation through the court systems provide means of resolving disputes without the need to resort to force
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Most U.S judges are attorneys. It is their responsibility to uphold the legal system's reputation for honesty and impartiality.
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Federal judges are nominated by the president and confirmed by the senate. they enjoy life time employment once appointed. State judges are variously appointed and elected, depending upon state procedures.
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The court system is made up of the state court systems and the federal court system.
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Most courts follow the Federal rules of Civil Procedures to govern the important procedural aspects of the litigation process.
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In the study of the court system, the most basic notion is the concept of jurisdiction. The term "jurisdiction" means the power to speak of the law.
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A court must have jurisdiction to hear and resolve a dispute. A court's jurisdiction is divided into two basic categories : subject-matter jurisdiction and personal jurisdiction.
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Subject-matter jurisdiction is a constitutional or statutory limitation on the types of disputes a court can resolve.
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Typical subject-matter constraints include minimum requirements on the amount in controversy in the dispute and restrictions on the types of disputes the court has authority to resolve
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The jurisdiction of a court varies according to its position in the court system and which court system it is in. Courts of original jurisdiction in the federal and the state court systems are trial courts. They have the authority to hear virtually any kind of dispute and provide any kind of relief.
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Courts with appellate jurisdiction have the power to review cases decided by courts below them. Most state court systems and the federal court system is the U.S supreme court
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The federal court system has limited subject-matter jurisdiction. The federal courts are limited by the U.S Constitution to cases involving a federal question or diversity of citizenship, where the amount in controversy exceeds $75000.
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The state court systems can hear most disputes, including federal question cases where Congress has not limited jurisdiction to the federal court system
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In addition to meeting the subject-matter jurisdictional requirements of a court, the parties-the plaintiff and the defendant-must meet personal jurisdictional requirements of the court.
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A state court's personal jurisdiction is generally limited to the boundaries of its state
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Personal jurisdiction normally is not an issue, unless the defendant is not a resident of the state in which the plaintiff wants to bring the action. Jurisdiction of the court over the defendant is obtained by personal service of process.
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For out-of-state defendants, however, the court may need to exercise jurisdiction under authority of the state's long arm statute. Generally, the plaintiff must show that the out of state defendant is transacting business or has some other interest in the state
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When the court is unable to establish its jurisdiction through personal service on the defendant
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the court may be able to establish in rem jurisdiction over property owned by the defendant that is located within the state
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The federal courts in diversity of citizenship cases must
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apply the appropriate state common and statutory law
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In state court cases, when the incident in question took place in another state, the court must look to the forum state's conflict of law or choice of law rule...
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to determine what substantive law will apply to resolve the dispute.
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