MIE 305 Chapter 2
What case originates judicial review – answer Marbury v. Madison
Judicial review – answer Process by which a court decides on the constitutionality of
legislative enactments and actions of the executive branch
In persona - answer individuals may be sued in their place of residence.
Courts have in persona jurisdiction over parties if cause of action over case happened
in their geographical jurisdiction.
Businesses may be sued in either their principal place of business (suits), where they
do business or where they're incorporated. People may be sued in their place of
residence, or otherwise if they submit to the jurisdiction of the court (filing a complaint or
answer)
In rem - answer jurisdiction over property in its geographical area (think of land)
long arm jurisdiction - answer under geographical
if business placed goods in the stream of commerce or specifically solicited business.
permits state to exercise jurisdiction over nonresident defendants
subject matter - answerstates have general police power - have "default" jurisdiction
court of original jurisdiction - answerthe trial court
First court to hear the case
Jury impaneled, facts argued, evidence/witnesses presented
court of appellate jurisdiction - answerhas the power to hear an appeal from a lower
court, including the trial court
doesn't retry the facts
looking for prejudicial errors of law that deprived appellant of a fair trial or just outcome.
Can throw out the verdict or reverse/remand the case.- Send case back down to trial
level and says do it again. And don't allow x, y, and z to occur.
concurrent jurisdiction - answerwhen both federal and state courts have the power to
hear a case
this is true in lawsuits involving diversity of citizenship
What case originates judicial review – answer Marbury v. Madison
Judicial review – answer Process by which a court decides on the constitutionality of
legislative enactments and actions of the executive branch
In persona - answer individuals may be sued in their place of residence.
Courts have in persona jurisdiction over parties if cause of action over case happened
in their geographical jurisdiction.
Businesses may be sued in either their principal place of business (suits), where they
do business or where they're incorporated. People may be sued in their place of
residence, or otherwise if they submit to the jurisdiction of the court (filing a complaint or
answer)
In rem - answer jurisdiction over property in its geographical area (think of land)
long arm jurisdiction - answer under geographical
if business placed goods in the stream of commerce or specifically solicited business.
permits state to exercise jurisdiction over nonresident defendants
subject matter - answerstates have general police power - have "default" jurisdiction
court of original jurisdiction - answerthe trial court
First court to hear the case
Jury impaneled, facts argued, evidence/witnesses presented
court of appellate jurisdiction - answerhas the power to hear an appeal from a lower
court, including the trial court
doesn't retry the facts
looking for prejudicial errors of law that deprived appellant of a fair trial or just outcome.
Can throw out the verdict or reverse/remand the case.- Send case back down to trial
level and says do it again. And don't allow x, y, and z to occur.
concurrent jurisdiction - answerwhen both federal and state courts have the power to
hear a case
this is true in lawsuits involving diversity of citizenship
