Chapter 2

Interpret and apply the law

Judicial review

Constitutionality of an action

Jurisdiction

Over the person

In personam

Long arm statute

Minimum contacts

Corporations

Over the property

In rem

Over the subject matter

Type of cases that they can hear

General

Federal court

Limited

Probate courts

After person´s death

Custody

Person´s assets

Bankruptcy courts

Federal

Original and appelate

Heard for the first time?

Federal courts Subject matter

Question of constitution or federal law

Fed law

Diversity of Citizenship

Parts involve from different states

Controversy + 75,000$

Fed law and state law

Exclusive v concurrent

Exclusive

State or Fed

Concurrent

Both

The party chooses

Cyber space

Substantial business

Proper

Some interaction

Maybe

Passive advertising

Not proper

International

Satisfy legislation wherever you are

Venue

Who should hear the trial

Civil

Defendant

Criminal

Crime

Change of venue

Biased

Standing to sue

You need to be harmed

Justiciable controversy

No hypothetical harm

State Court System

Trial Courts

Local Trial Courts of Limited Jurisdiction

Probate courts

Small Claims

Ex: - 5000 $

State trial Courts of General Jurisdiction

State courts of Appeals

Questions of Law

Interpretation of the law

Highest State Courts

Final decisition

Unless Fed law can be applied

US supreme court

Also Called supreme

Judges appointed by election

Federal Court System

US District Courts

General Jurisd.

Ltd Jurisd.

US Courts of Appeals

Appeals In Judicial circuit

Almost Final

13 Courts of Appeals

United States Supreme Court

1 Supreme Court

9 justices

Final arbiter

Original and appelate jurisd

Appelate

Writ of Cerciorari

Rule of 4

Petition of the record

No explanation

Judges

lifetime

appointed by the president

Procedural Rules

Comply

Phases

Before Pretrial

Attorney

What u can expect

Prob of success

Which court would be better

Estimation of time

Estimation of costs

Legal Fees

Experts opinions

Attorney´s wage

Contingency-fee

Earns a percentage

Settlement Considerations

How much do u want to spend

Even Appeals?

No litigation?

Pretrial

Pleadings

Complaint

Facts of Court´s jurisdiction

Basis for relief

Remedy

Service of Process

Copy of complain sent to the defendant

Summons

Note requiring the defendant to appear in court

By Sheriff or employe

Anybody older than 18

Cannot be in any party

Answer

If not

Default Judgment

Defendant pays the remedy stated on the complaint

Waiver

Give up the right to be served personally

Aware

Response

Defendant version

Acepts

Judgment for plaintiff

Affirmative defense

New facts

Denies

Counterclaim

The plaintiff owes you

Further procedure

Before trial

Negotiations

Motions

Dismiss

Another complaint

Judgement of the pleadings

Question of law

Summary Judgement

Favor without going to trial

Discovery

Collect information

Trial

Posttrial