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The facts that Columbia has alumni associations in Florida and offers internet courses and owns property in the state do not amount to continuous and systematic general business contacts with Florida to warrant exercise of personal jurisdiction. Here, the court, like many jurisdictions, rejected the traditional rule and adopted the significant interests test. First, the principal conduct which allegedly caused the injury was the distribution of the candy in the bus on the first leg of the trip.

Missouri had no contact with that conduct. Second, South Dakota was the domicile, residence, place of incorporation and place of business of the parties, as well as the place where the relationship of the parties was centered. These contacts are important to the issue of comparative negligence because the economic impact of the law applied will be felt where the parties reside. Generally, people do not consider the legal consequences of their conduct or how law may be applied prior to becoming involved in an accident.

Furthermore, because the differences in the law are so minor, there will be few differences in result. The Nevada Supreme Court held that state courts had jurisdiction. The courts have personal jurisdiction because Direct did business in Nevada by intentionally sending offers to people in Nevada by their fax machines.

The Nevada court cited the U. Supreme Court that state courts are empowered to hear cases based on federal law unless forbidden by Congress from doing so. Since Congress said nothing about jurisdiction in the Act, the states are presumed to have jurisdiction over the subject matter.

The court also noted that if the Nevada legislature instructed the courts not to accept cases based on this Act, then they would not have jurisdiction, but that had not happened either.

The district court lacked jurisdiction, so the judgment is void. Parrot Bay, a foreign corporation, is not responsible for the actions of the fishing boat operator, another foreign entity. Therefore Parrot Bay cannot be subject to U. Oldfield can pursue his claim against the fishing boat operator in court in Costa Rica.

The Alabama high court ordered the case moved to Florida on that ground. There were 25 witnesses to the accident—other drivers, ambulance personnel, hospital personnel—all in Florida.

Only the plaintiff was from Alabama. The court considers ease of access to sources of proof, location of evidence, compulsory process for attendance of unwilling witnesses, the cost of obtaining attendance of willing witnesses, the possibility of a visit to the site of the accident, and other factors relevant to the proceedings.

Williams and Ritzman purposely availed themselves of the privilege of conducting activities in California as required to establish specific jurisdiction in CA for medical malpractice proceedings. They knew that Jones would have felt benefit or harm in CA from their therapy. Hence, defendants will have to defend themselves in CA from the claims made by Jones. Koh argued, and the appeals court agreed, that courts in Washington had quasi in rem jurisdiction.

Koh had a valid judgment from a court in another jurisdiction. Courts honor such judgments under the full faith and credit rule.

Transfer of case ordered. Under the forum non conveniens doctrine, a court may decline jurisdiction if the case more conveniently could be tried in another forum. A transfer of venue must be in the interest of justice.

The party seeing to transfer venue must show good cause. Factors relating to private interests are: 1 the relative ease of access to sources of proof; 2 the availability of compulsory process to secure the attendance of witnesses; 3 the cost of attendance for willing witnesses; and 4 all other practical problems. Factors relating to public interests are: 1 the administrative difficulties flowing from court congestion; 2 local interests in having local interests decided at home; 3 the familiarity of the forum with the law that will govern the case; and 4 the avoidance of unnecessary problems of conflict of laws.

Some of these factors are not relevant here; the ones that are weigh in favor of moving to Dallas. The only reason the case was in court in Marshall was because plaintiff decided to file there; there was no other factor favoring that location. It is hard to imagine that judges do not consider the social consequences of their decisions.

Some judges say that it is important that they take such consequences into account. Others argue that it is important to stick to precedent even when the social consequences of a particular case are against the personal positions held by the judge. There are cases in which judges release persons from prison who they are sure have committed crimes, but whose legal rights were violated by police procedure.

While this is an injustice, the courts recognize that if procedural safeguards are ignored then procedural rights will become irrelevant—or worse, at the mere whim of the police or of the judiciary.

Such cases serve as a warning to the police and to other state officials that procedural safeguards cannot be ignored. Mistakes will be made in the application of safeguards but the costs of those mistakes are outweighed by the benefits derived by society members from the consistent application of these legal rules. Many federal court opinions can be found on the Internet. Many federal circuit courts post their opinions. PACER allows low-cost access to court opinions and docket information from federal district and bankruptcy courts.

Check these major sites. Courts, Court Locator: www. Brian Bermudez and Amanda Schmidt shared custody of their son after their divorce. Schmidt suspected Bermudez of abusing the child, so she refused to let him visit. Bermudez filed a petition requesting that Schmidt be held in contempt of court for denial of visitation. During the hearing, the judge said that he believed that Schmidt and her new husband were lying. The judge awarded custody of the child to Bermudez.

Schmidt appealed. Is there anything Schmidt can do if she believes the judge was clearly biased against her?

Answer: Reversed and remanded. The judge insulted and badgered Schmidt repeatedly. He would cut her off before she finished answering his questions. He insulted the professionals who had been consulted on the matter. He threatened to have Schmidt and an expert witness arrested.

The federal and state constitutions require a fair, impartial tribunal. The judge was not impartial, so did not provide substantial justice in the case. There will be a new trial before a new judge. The claims arose out of injuries suffered while Creech was a patient at the hospital in Tulsa and treated by Dr.

Creech had heard of it through the Expect a Miracle television program featuring Oral Roberts. Broadcast nationally, the program invited people to come to the hospital for treatment. The case was tried in federal court in Ohio. The court found for Creech. Defendants appealed on the ground that the federal court could not exercise jurisdiction over them under the Ohio long-arm statute.

They contended that they did not have sufficient minimum contacts with Ohio to confer jurisdiction. Roberts, F. Answer: The court ordered that McGee be dismissed from the case because he was not subject to the district court's jurisdiction. He did not practice medicine in Ohio or directly advertise his services there.

The Center, on the other hand, had sufficient contact with the state of Ohio to allow the court to exercise jurisdiction. The court also remanded the case for a reconsideration of the damage award. The court applied a three-part significant interests test: First, the defendant must purposely avail himself of the privilege of acting in the forum state or causing a consequence in the forum state.

Second, the cause of action must arise from the defendant's activities there. Finally, the acts of the defendant or the consequences must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable. The guarantees federal judges the right to serve "during good behavior. Bill of Rights. In Davis v. West , where Davis sued the receiver who was appointed to collect the money she owed Houston.

Davis did not have a case because the receiver was protected by derived judicial immunity b. Davis did not have a case because the receiver was protected by diplomatic immunity. West , where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service HRS , Radoff, the court appointed receiver, was protected from Davis's suit for abuse of process by:.

Both state and federal court systems have lower courts of , where disputes are first brought and tried. Both state and federal court systems have courts of for review. Courts of Appeal. Supreme Court e. The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:.

Supreme Court d. If both parties agree, a case can be tried by a magistrate instead of a district judge. This generally happens when:. Magistrates cannot try cases in the place of a district judge unless both parties agree because:. Not counting the Federal Circuit, there are geographically-based U.

If one of the parties to the litigation is not satisfied with a federal district court's decision, it has the right to appeal to the court of appeals for the circuit in which that district court is located.

The one exception to this is:. Sometimes, in the U. This is called:. Although it has nationwide jurisdiction, the Court of Appeals for the Federal Circuit primarily hears appeals from the district courts involving:.

The U. Supreme Court may review appeals from:. An example of an instance in which the U. Supreme Court would have original and exclusive jurisdiction is:. Every state court system has trial courts where disputes are initially brought and tried. These are the courts of:. When litigants not satisfied with the decision of a court of limited jurisdiction appeal to a court of general jurisdiction they will get:.

Constitution to have appeals courts e. If a party wishes to appeal from a lower court decision in a state court, which of the following is true about the right of appeal:. When a court system has two levels of appellate courts, appeal is usually a matter of right at the first level and.

A party seeking further review from the highest state court may attempt to seek review from:. The legal process that resolves disputes among persons, businesses, and governments is known as:. Many aspects of the civil litigation process between two parties in the federal court system, including pleadings, discovery, trial procedures, and motions, are governed by:.

Requirements on the amount in controversy or restrictions on the legal area a court can hear fall under the category of:. Some litigation in federal court is there because of the parties involved. In such cases it is most likely that:. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as:. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as diversity of:.

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:. Litigation in federal court often involves parties from different states.

In addition, at least how much in dollar terms must be in controversy for a case to be heard in a federal court? In international contracts, parties can specify how future disputes will be resolved, including:. A person files a lawsuit. To get the defendant before the court in which suit has been filed, the court must have power over the person of the defendant.

Jane wants to sue Bob in a Virginia state court. Bob is a resident of Texas. Which of the following method may. Jane could have Bob served with a summons while he is driving through the state on his way to Maryland d.

Jane can have Bob served with a summons in Texas; he must appear in Virginia court. If a nonresident defendant is passing though the state where the plaintiff wishes to bring the lawsuit:.

Suppose a business in Georgia sets up a web site advertising its services. A competitor company in Illinois sues the Georgia firm in Illinois court, claiming that the service being offered is a sham that injures the Illinois firm. The Georgia company:.

As the Supreme Court has explained, for a state to have jurisdiction over an out-of-state business there must exist:. In Blimk a v. My Web Wholesalers an Idaho resident, Blimka, ordered a large quantity of jeans from My Web, a Maine company that advertised its goods on the Internet. When a dispute arose over the quality of the jeans, Blimka sued My Web in Idaho state court. My Web contended the Idaho court did not have jurisdiction.

The Idaho high court held that:. Blimka could sue the defendants in Idaho because the defendants owned property in Idaho e. Blimka could sue the defendants because they started the business in Idaho and then moved it to Maine c. An Idaho resident bought a large quantity of jeans over the Internet from a Maine company. When a dispute over the quality of the product arose, the Idaho resident sued the Maine company in Idaho state court. When the Maine company protested, the supreme court of Idaho, in Blimka v.

My Web Wholesalers , held that the buyer:. If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:.

In rem jurisdiction can include jurisdiction over: a. Because of in rem jurisdiction, if Illinois resident Andy sues Alabama resident Carol over a Illinois property dispute and Carol refuses to respond, the Illinois court may:. In this situation, which court system has jurisdiction? The plaintiff lives in State A; the defendant lives in State B;. State courts often have jurisdiction to hear federal question cases. An exception to this rule exists when the:. Supreme Court determines that the state courts are not capable of handling the complexity of a particular federal question.

Congress declares that states do not have jurisdiction over a specific federal law. A plaintiff files suit in state court. The defendant wants the case tried in federal court. Both courts can properly hear the case. If the case goes to federal court it is based on:. In a case involving state law that could be tried in state court, but that has been moved to federal court. The federal court will:. In Eri e Railroad Co. Tompkins , where Tompkins sued a New York company that owned a train that hit him in.

Supreme Court said that since this was a matter of common law involving two states, it was a matter for the state courts, not federal district court.

In Eri e Railroad v. Tompkins , where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided that:.

Tompkins , where Tompkins sued a New York company that owned a train that hit him in Pennsylvania, the Supreme Court reversed the decision for Tompkins by the court of appeals because it held that: a. Tyson rendered impossible equal protection of the law. Tyson rendered impossible avoidance of the in rem problem c. Tyson created a substantial party problem. Tyson created a diversity of citizenship problem e. Tompkins , where Tompkins sued a New York company that owned a train that hit him in Pennsylvania, the doctrine of Swift v.

Tyson , which held that federal courts exercising jurisdiction on the ground of diversity of citizenship need not, in matters of general jurisprudence, apply [the common law] of the state as declared by its highest court, introduced:. When a dispute brought in a state court involves incidents that occurred in more than one state, what problem may arise?

Tompkins issue of federal versus state common law b. When a state court hears a case involving incidents that took place in more than one state or entirely in a different state a problem may arise. In a business dispute involving a conflict-of-law issue, the court would apply the law from the state in which:. When resolving conflict-of-law problems some courts have determined that the law of the state having the "most significant" interest should apply. Suppose an airplane crashes in South Carolina, injuring all four persons aboard.

If the airplane manufacturer is in Texas, the plane left from Texas to go to Virginia, and all four of the injured parties are from Texas, an attorney for the pilot of the plane, hoping to keep the case in Texas, should argue that:. South Carolina has a superior interest in keeping its reputation for safe airways intact d. Suppose an airplane crashes in Arkansas, injuring four passengers who file suit in South Carolina court.

If the plane manufacturer is in Texas, the plane left from Texas to go to Virginia, and all injured parties are from Texas, an attorney for the pilot of the plane, hoping to keep the case in Texas, should argue that, under the conflict-of-laws rules:. In BancorpSouth Bank v. Hazelwood Logistics Center, where the bank sued Hazelwood and its owners for payment, the defendants claimed the federal district court did not have jurisdiction because of a lack of diversity of citizenship.

The appeals court held that:. When a party to lawsuit uses the doctrine of forum non conveniens , she asks the court:. When considering a motion to transfer a case for foru m non conveniens a court considers:.

Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux, Louisiana. He rented a small plane to fly there.

Over Alabama, thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land at the next airport. As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta Airport and the owners of the airplane, alleging that they were negligent in their maintenance.

Refer to Fact Pattern If Yoshi wants to obtain jurisdiction over the owner of the airplane he may:. For a California court to have jurisdiction to hear this case it must have jurisdiction over the:.

The defendants may ask the California court to use its:. The Atlanta airport is a corporation. California has a long-arm statute. How might Yoshi use the statute to exercise jurisdiction over the airport? Yoshi may not take advantage of the California statute because the accident occurred in Alabama.

Suppose Yoshi can exercise jurisdiction over the defendants in court in California. Yoshi discovers that the owner of the airplane also owns a Lear jet, which is in San Diego. If Yoshi has the court seize the jet in satisfaction of the judgment, Yoshi has obtained what type of jurisdiction? Assume the defendants have the case removed from the state court in California to a federal court.

Under Erie v. Tompkins what law will the federal court be most likely to apply in deciding the dispute? With the exception of the U. Supreme Court, Congress has the power to abolish and create federal courts. The Constitution created the U. Supreme Court and authorized it to establish lower courts as needed. In the history of the United States, over judges have been removed from the office of federal judge.

When a federal judge is impeached from office, the trial is heard by the Supreme Court, unless a Supreme Court judge is involved. Several times over the years, Congress has punished federal courts for decisions Congress did not like by cutting the salary of judges. If a judge makes a clearly incorrect decision in a case called "gross error of law" he or she may be liable for the damages caused. Judges are protected from damages caused by bad decisions they make on the bench by judicial immunity.

If a judge shows personal bias toward a party in a case, the judge may not be sued for the bias. Trial courts at both the federal and state level are called courts of original jurisdiction. By definition, the only court of "original jurisdiction" in the U. Supreme Court. West , where Davis was sued for not having paid a bill and a court-appointed receiver took money from a bank account owned by Davis, the receiver was held personally liable for removing the funds improperly without notice.

In Davi s v. West , where Davis sued a court-appointed receiver, the appeals court noted that when a person acts on behalf of a court, they receive judicial immunity. There is no right of appeal in a criminal case lost by the government at the district court trial. The federal government does not have the right to appeal involving a court judgment in a civil case.

Appeals of decisions of regulatory agencies must go to the federal district court in the District of Columbia.

A specialized court in the federal court system is the Court of Appeals for the Federal Circuit. The Court of Appeals for the Federal Circuit specializes in cases involving securities law and claims against the.

The highest court in France, the cour de cessation, in general has much more power than does the U. In some matters, such as a dispute between two state governments, the U.

Supreme Court has original and exclusive jurisdiction. A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court. A writ of mandamus directs a lower court to send up the record of a case for review by the Supreme Court.

Four justices must agree to hear an appeal to the Supreme Court for it to be placed on the Court docket. Supreme Court must accept appeals from state supreme courts when there is a conflict of laws between two or more states. There is a right of appeal of all lower court decisions to either the U. Because it is an appellate court, the U. Supreme Court has no original jurisdiction. State courts, in contrast to federal courts, are known as court of limited jurisdiction.

The Constitution requires each state court system to have appeals courts and a supreme court. The American court system contains two interrelated systems of courts: the English-style, private law courts and the federal, public law courts. In the federal and state systems, the only courts with general jurisdiction are the U. Only state court systems, not the federal court system, have courts of original jurisdiction. Like the federal court system, state courts have a system of appellate courts and courts of original jurisdiction.

Courts of general jurisdiction are appellate courts with authority to hear all appeals from lower, more specialized, courts. One advantage of small claims courts is that they are less formal than regular courts. By constitutional rules of fairness, there may be no dollar limit, upper or lower, set on the value of cases that must be heard by trial courts.

State court systems are all, by constitutional law, like the federal system, with trial courts, courts of appeal, and a supreme court. State law may limit the right of citizens to bring certain cases to certain courts for resolution. The Federal Rules of Civil Procedure were adopted by Congress in in an effort to reform the federal judiciary, which had become outdated in procedures.

The Federal Rules of Civil Procedure are used in many state court systems to set procedure in state courts. It is the responsibility of the plaintiff to determine the proper court in which to file a legal action.

A plaintiff who wants to bring a lawsuit must go to a court that has subject matter jurisdiction and jurisdiction over the defendant.

Subject-matter jurisdiction is a constitutional or statutory limitation on the disputes a court can resolve. Federal courts have limited jurisdiction and are empowered to hear only those cases within the judicial power of the. Cases concerning the application of the U. Constitution are federal questions within the power of the federal courts. Diversity of citizenship is a basis for allowing federal jurisdiction when a legal dispute arises between citizens of different states.

Diversity of citizenship in federal courts refers only to cases where one party is a U. To get a case into federal court which involves parties from different states, the claim must involve more than. A court's jurisdictional authority is generally limited to the boundaries of the state in which it is located. The area over which a court has the power to hear cases is called territorial jurisdiction.

The plaintiff notifies the defendant of a legal action against him by a conflict-of law declaration. In general, constructive notice to a defendant, such a publication in the newspaper, is not sufficient notification.

For a court to have in personam jurisdiction over the defendant to a suit, the defendant must agree to allow the court to resolve the matter in dispute. If a defendant fails to appear in court after receiving a summons, the court will order that a default judgment be entered against that defendant.

A default judgment is entered against a defendant who fails to present a "legally sufficient defense" to the court. A court has jurisdiction over a business defendant if the business has a web site that can be accessed in the state in which suit was filed.

A long-arm statute is a state law that allows state courts to reach beyond the state to obtain jurisdiction over non- residents. State long-arm statutes may be used to obtain jurisdiction over any corporation regardless of how much business it does in a state. A court can exercise jurisdiction over a corporate defendant if the court is located in the state in which the corporation is incorporated.

A court can exercise jurisdiction over a corporate defendant if the court is located in the state in which the corporation has a production plant. A court can exercise jurisdiction over a corporate defendant if the court is located in the state in which the corporation is doing business.

A court can exercise jurisdiction over a corporate defendant if the court is located in the state in which the corporation has "visible advertising. My Web Wholesalers , which involved a dispute between an Idaho resident who ordered jeans from a Maine website-based seller, the Idaho court held that since the Maine seller had no physical presence in Idaho it was not subject to Idaho court jurisdiction.

My Web Wholesalers , which involved a dispute between an Idaho resident who ordered jeans from a Maine website-based seller, the Idaho court held that the Maine seller was subject to Idaho court jurisdiction under the state long-arm statute. My Web Wholesalers , which involved a dispute between an Idaho resident who ordered jeans from a Maine website-based seller, the Idaho court held that due to diversity of citizenship the case would have to be heard in federal court.

My Web Wholesalers , which involved a dispute between an Idaho resident who ordered jeans from a Maine website-based seller, the Idaho court held that since the Maine seller intended to do business in Idaho, it became subject to Idaho court jurisdiction. In rem jurisdiction means that a court has the power to issue a judgment with respect to property such as a house or bank account.

A case involving in rem jurisdiction means a court has authority to control property such as a house, but does not include intangible property, such as stock in a company.

Under in rem jurisdiction, a court has power over the real physical property of a defendant but not financial assets of a defendant. Under in rem jurisdiction, a court has power over the property of a defendant regardless of where the property is located. If a dispute may be resolved in federal courts only, the federal court is said to have exclusive jurisdiction.

Federal courts have jurisdiction over matters such as divorce if the parties to the case now live in separate states. Concurrent jurisdiction means both a state court and a federal court may have the power to hear a case. Because more than one court cannot have jurisdiction over the same case, federal courts have removal jurisdiction to insure that cases are moved to the proper state court.

An action may be removed from state court to federal court by a defendant based on diversity of citizenship. A suit tried in federal court must use federal law to resolve the matter; a suit tried in state court must use state law to resolve the matter.

The case Erie v. Tompkins , involving a man hit by a train in Pennsylvania, holds that federal courts must apply either state common law or state statutory law in resolving disputes between citizens of different states. In Eri e v. Tompkins , where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that the matter must be tried under federal law because the law of New York and Pennsylvania were in conflict.

Tompkins , where Tompkins was hit by a New York train in Pennsylvania, the Supreme Court held that federal common law, as first announced in Swift v.

Tyson , had to be applied to cases where there was diversity of citizenship, forcing the case into federal court. Tyson , was to be abandoned in favor of state common law. A conflict-of-law arises when incidents occur that have taken place in more than one state or entirely in another state from the one in which the lawsuit was filed.

Traditionally, in contracts cases, the conflict-of-law rule is that the law of the state in which a contract was breached will determine the validity of the contract. Courts often apply a "significant interest" test in conflicts-of-law cases to determine which court should have jurisdiction over a dispute. Some states require that no matter what the dispute, all cases must be tried under the law of that state.

No conflict- of-law tests will be applied. BancorpSouth v. Hazelwood Logistics Center , where a Missouri bank sued a Missouri company, the appeals court held that since both parties were in Missouri, the case had to be tried in the proper venue—which would be Missouri state court. In BancorpSouth v. Hazelwood Logistics Center , where a Missouri bank sued a Missouri company, the appeals court held that since the contract between the parties allowed suit to be tried in federal court, that could be a proper venue for trial.

The doctrine of forum non conveniens is closely related to the issue of venue. The doctrine of forum non conveniens applies only in federal district courts, not state trial courts. Yoshi may obtain personal jurisdiction over the Atlanta Airport by having the court seize a bank account the airport holds in California. Only Yoshi has the ability to remove the case he brought in a California state court to a federal court.

A court in which Yoshi's case may be brought and tried to a conclusion is said to have original jurisdiction over the case. If Yoshi's case was tried in federal court in California and the issue of substantive law was whether or not a contract existed between Yoshi and the airplane owner, the court would apply the law of Georgia.

If Yoshi wants to sue the Atlanta Airport in California he will most likely have to use a long-leg statute to obtain personal jurisdiction. Because of the size of his alleged damages and the nature of the case, Yoshi could, if he wished, sue the defendants in small claims court.

If Yoshi's case were removed to federal court, the federal court would have to apply conflict-of-law rules to determine what law to apply to the dispute. If Yoshi's case was tried in federal court in California, and the substantive issue of law involved was liability for the injuries arising from Yoshi's crash, the court would apply the common law of California.

Post a Comment. Modify by cb aneka unas. Original Design by toko-onlineblogspot. Download mediafire Link of solutions manual and test bank. M: Management - 3e Bateman - solutions manual and test bank x.

Bateman - M: Management - 3e, solutions manual and test bank x Chris Leach, Ronald W. Budinski, Michael K. Budinski, ISBN , Barringer, Duane Ireland. Barringer Duane Ireland. State of incorporation; 2. State in which headquarters are located; and, 3. Why did My Web not move the case from Idaho state court to federal court? Info: Jurisdiction over corporations —In addition to the ways listed in the text, according to the California Statutes Annotated: A state has power to exercise judicial jurisdiction over a corporation on one or more of the following bases: 1 Incorporation in the state; 2 Consent; 3 Appointment of agent; 4 Appearance in an action; 5 Doing business in the state; 6 Doing an act in the state; 7 Causing an effect in the state by an act elsewhere; 8 Ownership, use or possession of thing in the state; 9 Other relationships to the state which make the exercise of judicial jurisdiction reasonable.

What law will the federal district court use to resolve the matter? Could HLC have avoided being in federal court?

Case Questions 1. Ethics Question It is hard to imagine that judges do not consider the social consequences of their decisions. Internet Assignments Many federal court opinions can be found on the Internet. MacMillan Law Library: library. Multiple Choice 1. The first thing a business with a civil dispute going to litigation must determine is: a. Constitution provides that the judicial power the court system is: a.

The Supreme Court was created: a. The federal court system is a n system: a. Which of the following are part of the federal court system: a. If a federal judge is impeached from office: a. Federal judges are appointed for a term of: a. Federal judges are appointed for: a. Bill of Rights b. Supreme Court c. President d. Constitution e. Federal judges are nominated by: a.

Federal judges may be impeached for: a. State judges: a. State judges can be: a. The Missouri System for choosing state judges: a. In the Missouri System for choosing state judges: a. Unlike federal judges, most state judges: a. Rhode Island is unique in that it allows its state judges to: a.

The doctrine of judicial immunity means judges may: a. The doctrine of judicial immunity protects judges' ability to: a. The doctrine that protects judges from suits for damages for judicial acts is called: a. Besides judges, the doctrine of judicial immunity also applies to: a.

West , where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service HRS , the appeals court held that: a. Davis did not have a case because the receiver was protected by diplomatic immunity c. Davis did not have a case because the receiver was a judge d. Davis did not have a case because the receiver was not court appointed e. West , where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service HRS , the appeals court held that the receiver was: a.

West , where Davis sued the receiver who was appointed to collect the money she owed Houston Reporting Service HRS , Radoff, the court appointed receiver, was protected from Davis's suit for abuse of process by: a. Original jurisdiction means power to: a. In both the federal and state systems, the courts of original jurisdiction are: a. There is are judge s presiding in a court of original jurisdiction. The majority of litigation occurs in the: a. In the American court system: a. Courts of Appeal c.

The Constitution intends for the judiciary to have: a. Its own governmental structure e. The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of: a. Most federal judges are: a. Most federal judges must be both appointed by the President and: a. Federal Circuit Court of Appeals c. Courts of Appeals e. Which court s in the federal court system uses juries?

Claims Court d. Court of International Trade e. Which courts are the courts of original jurisdiction in the federal court system? Federal trial courts are called: a. Most cases involving questions of federal law originate in: a. There is at least one federal district court for each: a. There are federal districts in the court system. Magistrates are: a. Judicial officers who serve in federal trial courts are called: a.

Magistrates can hear cases on: a. When authorized by the Judicial Conference of the United States, federal judges may: a. This generally happens when: a.

Magistrates may not try cases unless: a. Magistrates cannot try cases in the place of a district judge unless both parties agree because: a. Federal appellate courts are called: a. Which of the following is true about the federal appeals courts? Cases come to the court of appeals when: a. The one exception to this is: a.

An en banc proceeding is when: a. This is called: a. Federal courts of limited or special jurisdiction include: a. Courts of Common Pleas d. Courts of Common Pleas c. Circuit Court of Appeals e. Bankruptcy Courts Court of International Trade c. Bankruptcy Courts b. Court of Federal Claims d. Tax Court is part of the : a. The Court of Appeals for the Federal Circuit has jurisdiction: a. The Court of Appeals for the Federal Circuit has jurisdiction only: a. Although it has nationwide jurisdiction, the Court of Appeals for the Federal Circuit primarily hears appeals from the district courts involving: a.

Supreme Court: a. Constitution b. Supreme Court was created by: a. The highest court in the United States is the: a. Court of Appeals for the Federal Circuit c. Court of Presidential Appeals d. Court of Appeals for the D. Circuit b. Court of International Justice e. Supreme Court is primarily: a. Supreme Court may review appeals from: a.

Congress may change the U. Supreme Court's appellate jurisdiction, but it cannot: a. If the U. Supreme Court accepts a case on appeal it: a. In some rare instances, the U. Supreme Court has: a. Supreme Court would have original and exclusive jurisdiction is: a. The Supreme Court: a. To obtain appellate review from the U. Supreme Court a party must: a. For the Supreme Court to agree to review a case: a. If three Supreme Court justices agree to review a case: a.

In contrast to most state high courts, the U. Like most European countries, France is: a. Since France is a civil-law country, its legal system is based on: a. The French court system: a. In the French court system, the top court, cour de cessation: a. These are the courts of: a. State courts such as municipal courts or probate courts are called courts of: a. State courts of general jurisdiction: a. State courts of limited or special jurisdiction include: a. A court of limited or special jurisdiction would most likely be: a.

Municipal courts usually: a. Litigants not satisfied with the decision of a court of limited jurisdiction may: a. When litigants not satisfied with the decision of a court of limited jurisdiction appeal to a court of general jurisdiction they will get: a.

Many states provide small claims courts. These courts: a. Small claims courts: a. Small claims courts are good for collecting small debts because: a. State court systems: a. If a party wishes to appeal from a lower court decision in a state court, which of the following is true about the right of appeal: a.

When a court system has two levels of appellate courts, appeal is usually a matter of right at the first level and at the second level. The most common issue s reaching the highest state courts involve s : a.

A party seeking further review from the highest state court may attempt to seek review from: a. The legal process that resolves disputes among persons, businesses, and governments is known as: a.

The party claiming to have suffered an injury that the law can remedy is: a. The party who files a law suit is the: a. The party who is sued in a law suit is the: a. The party who hears a law suit is the: a. Many aspects of the civil litigation process between two parties in the federal court system, including pleadings, discovery, trial procedures, and motions, are governed by: a.

Court Rules of Civil Process b. Although states are free to develop their own procedural rules, many have adopted: a. The Federal Rules of Civil Procedure were developed by an advisory committee appointed by: a. Congress c. The Federal Rules of Civil Procedure govern: a. With respect to a court, jurisdiction means: a. A court's jurisdiction defines: a.

Limitations on the kinds of disputes a court may resolve come from: a. When filing a lawsuit, the party bringing the suit must select a court that has both: a. The party bringing a lawsuit must choose a court with: a. If a court rules in a particular case in which it is later found not to have jurisdiction: a. Statutes passed by Congress may limit which types of jurisdiction?

Subject-matter jurisdiction is: a. Requirements on the amount in controversy or restrictions on the legal area a court can hear fall under the category of: a. Federal courts have the judicial power to hear cases involving: a. Federal courts do not have the judicial power to hear a case involving: a. Federal courts have the judicial power to hear many cases involving: a. Federal courts have the judicial power to hear most cases involving: a.

In such cases it is most likely that: a. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as: a. Cases that go to federal court that involve disputes between citizens of different states are commonly referred to as diversity of: a. Diversity of citizenship cases are: a. The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is: a.

A federal district court generally has the authority to accept a case for adjudication: a. In international contracts, parties can specify how future disputes will be resolved, including: a. The Commercial Court in London: a. Besides having subject-matter jurisdiction over a case, the court must also have: a. Besides having personal jurisdiction over a case, the court must also have: a.

Territorial jurisdiction can become an issue if: a. A court's power over the person of the defendant is referred to as: a. When a court has power over the person who is the defendant of a lawsuit, it is called: a. A person is notified that a lawsuit has been filed against them by a: a.

Service of process summons is traditionally achieved by: a. In practice, service of process summons is usually achieved by: a. If a defendant fails to appear in court after being issued a summons: a. Service of process is usually achieved by: a. If a player is unruly or does whatever they wish to, these server admins do not take long to kick them out of the server. But the Impulse mod menu has a feature that allows its users access to unlimited money even within such servers.

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