CHAPTER 2: THE RESOLUTION OF PRIVATE DISPUTES
Jurisdiction
1. Definition: A court’s power to hear a case and issue a decision that is binding on the parties
involved.
2. Two Types of jurisdiction matters:
a. Subject-matter jurisdiction
i. Is the power to decide the type of dispute, which can include:
1. Constitutional issues
2. Statutory issues
3. A case concerning parties from different states
b. In personam and In rem jurisdiction
i. In Personam jurisdiction
1. Exercise of power over the particular parties in a case
2. Based on the residence, location, or activities of the defendant
3. can be used even if situated out-of-state
4. include parties who are within the country's borders when process is
served (even nonresidents)
5. include parties who consent to courts authority (by entering state to
defend against plaintiff)
ii. In Rem jurisdiction: is based on the location of the property that is the subject
of the suit
3. Venue: even if courts have jurisdiction, venue requirements must also be satisfied to proceed
(this is true if venue is stipulated in a contract or agreement)
a. forum selection clauses involves jurisdiction and venue in contracts
4. ”long arm” statute: involves in personam jurisdiction over a defendant who resides out of
state. To apply, requirements must be met, such as minimum contact with a state where the
party is a non-resident.
5. Other Jurisdictions:
a. Concurrent Jurisdiction
i. When state and federal courts have jurisdiction over a cases at the same
time (e.g.,police power)
b. Diversity jurisdiction
i. Suit is between citizens of different states And
ii. Amount in controversy exceeds $75,000
c. Federal question jurisdiction
i. Exist when a case arises under the constitution, laws, or treaties
ii. There is no requirement for amount in controversy
d. Certiorari Jurisdiction
i. Court has discretion whether to hear the appeal or not
Court Systems (the United States has 52 court systems)
1. Federal Courts = 1 system
a. District Courts
i. Are the Lowest federal court
ii. Many bases of jurisdiction, including:
, 1. Diversity Jurisdiction
2. Federal question jurisdiction
b. Specialized federal courts
i. Court of Federal Claims
ii. Court of International Trade
iii. Bankruptcy Courts - operates as an adjunct to the district courts
iv. Tax Court
c. Federal Courts of Appeals
i. Known as Intermediate federal courts
ii. Hear appeals from decisions reached of the federal district courts (most
important function) and specialized federal courts
iii. They do not find facts!!
iv. They review only legal questions reached by lower federal courts
d. Supreme Court
i. Highest court in the U.S.
ii. Mainly an appellate court
iii. Mostly handles appeals from the federal courts of appeals and the highest
state courts
e. writ of certiorari: the court has discretion over whether to hear a particular case
f. Original jurisdiction: acts as a trial court; between two or more states;
i. Ex: foreign ambassadors, ministers,etc.
ii. Exclusive jurisdiction: controversies between two or more states
2. State Courts (including a system for the District of Columbia) = 51 systems
a. Courts of Limited Jurisdiction
i. Hear minor criminal cases and civil disputes involving small amounts of
money or specialized matters
ii. Includes:
1. Traffic Courts
2. Probate Courts
3. Small Claims Courts
4. no attorney needed typically
iii. They find relevant facts in a particular case
iv. They identify the appropriate rules of law in a case
b. Trial Courts
i. Find relevant facts in a particular case
ii. Identify the appropriate rules of law
iii. Fact-finding function may be handled by a judge or jury
c. Appellate Courts
i. Hear appeals from the trial courts
ii. Generally, only decide legal questions
iii. Do not have a jury, and their judges do not find the facts
iv. Also they may hear appeals from state administrative decisions
v. affirm or reverse or remand a decision in a case
Civil Procedure: a set of legal rules governing the conduct of a trial court case between private parties
1. Preponderance of the evidence: In a civil case, the plaintiff must prove each element of his
claim by preponderance–meaning the evidence is more likely true than not.
Jurisdiction
1. Definition: A court’s power to hear a case and issue a decision that is binding on the parties
involved.
2. Two Types of jurisdiction matters:
a. Subject-matter jurisdiction
i. Is the power to decide the type of dispute, which can include:
1. Constitutional issues
2. Statutory issues
3. A case concerning parties from different states
b. In personam and In rem jurisdiction
i. In Personam jurisdiction
1. Exercise of power over the particular parties in a case
2. Based on the residence, location, or activities of the defendant
3. can be used even if situated out-of-state
4. include parties who are within the country's borders when process is
served (even nonresidents)
5. include parties who consent to courts authority (by entering state to
defend against plaintiff)
ii. In Rem jurisdiction: is based on the location of the property that is the subject
of the suit
3. Venue: even if courts have jurisdiction, venue requirements must also be satisfied to proceed
(this is true if venue is stipulated in a contract or agreement)
a. forum selection clauses involves jurisdiction and venue in contracts
4. ”long arm” statute: involves in personam jurisdiction over a defendant who resides out of
state. To apply, requirements must be met, such as minimum contact with a state where the
party is a non-resident.
5. Other Jurisdictions:
a. Concurrent Jurisdiction
i. When state and federal courts have jurisdiction over a cases at the same
time (e.g.,police power)
b. Diversity jurisdiction
i. Suit is between citizens of different states And
ii. Amount in controversy exceeds $75,000
c. Federal question jurisdiction
i. Exist when a case arises under the constitution, laws, or treaties
ii. There is no requirement for amount in controversy
d. Certiorari Jurisdiction
i. Court has discretion whether to hear the appeal or not
Court Systems (the United States has 52 court systems)
1. Federal Courts = 1 system
a. District Courts
i. Are the Lowest federal court
ii. Many bases of jurisdiction, including:
, 1. Diversity Jurisdiction
2. Federal question jurisdiction
b. Specialized federal courts
i. Court of Federal Claims
ii. Court of International Trade
iii. Bankruptcy Courts - operates as an adjunct to the district courts
iv. Tax Court
c. Federal Courts of Appeals
i. Known as Intermediate federal courts
ii. Hear appeals from decisions reached of the federal district courts (most
important function) and specialized federal courts
iii. They do not find facts!!
iv. They review only legal questions reached by lower federal courts
d. Supreme Court
i. Highest court in the U.S.
ii. Mainly an appellate court
iii. Mostly handles appeals from the federal courts of appeals and the highest
state courts
e. writ of certiorari: the court has discretion over whether to hear a particular case
f. Original jurisdiction: acts as a trial court; between two or more states;
i. Ex: foreign ambassadors, ministers,etc.
ii. Exclusive jurisdiction: controversies between two or more states
2. State Courts (including a system for the District of Columbia) = 51 systems
a. Courts of Limited Jurisdiction
i. Hear minor criminal cases and civil disputes involving small amounts of
money or specialized matters
ii. Includes:
1. Traffic Courts
2. Probate Courts
3. Small Claims Courts
4. no attorney needed typically
iii. They find relevant facts in a particular case
iv. They identify the appropriate rules of law in a case
b. Trial Courts
i. Find relevant facts in a particular case
ii. Identify the appropriate rules of law
iii. Fact-finding function may be handled by a judge or jury
c. Appellate Courts
i. Hear appeals from the trial courts
ii. Generally, only decide legal questions
iii. Do not have a jury, and their judges do not find the facts
iv. Also they may hear appeals from state administrative decisions
v. affirm or reverse or remand a decision in a case
Civil Procedure: a set of legal rules governing the conduct of a trial court case between private parties
1. Preponderance of the evidence: In a civil case, the plaintiff must prove each element of his
claim by preponderance–meaning the evidence is more likely true than not.
