1. Unit 2 Seminar Jurisdiction

2. General Questions Any general questions about the course so far?

3. Chapter 3 Each state has two judicial systems: 1. Federal 2. State

4. State Courts The state court system integrates other specialty courts, including probate, family, and small claims.

5. Federal Courts The federal system has federal district courts, bankruptcy courts, federal claims court, and the court of international trade. The trial court in the federal system is the federal district court.

6. Appellate Courts Each state and federal court system has an appellate court that determines whether the trial court followed proper procedures and applied the law correctly.

7. Jurisdiction In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

8. Types of Jurisdiction Jurisdiction over the person (personal jurisdiction) Jurisdiction over the subject matter (subject matter jurisdiction) Jurisdiction over the property (in rem jurisdiction) Federal court jurisdiction (federal question/diversity of citizenship) Courts of limited jurisdiction

9. Personal If a court does not have personal jurisdiction over a defendant, then the court cannot bind the defendant to an obligation. Courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state.

10. Minimum Contacts It is unfair for a court to assert jurisdiction over a party unless that party’s contacts with the state in which that court sits are such that the party “could reasonably expect to be haled into court” in that state. This jurisdiction must “not offend traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington, 326 U.S. 310 (1945).

11. Long-Arm Statutes Following International Shoe, states in the United States enacted so-called long-arm statutes, by which courts in a state can exercise jurisdiction over a party located outside the state, if the party has sufficient contacts within the state.

12. General Contacts General contacts, which give rise to general personal jurisdiction, consist of the defendant’s contacts with the forum state that are unrelated to the cause of action and that are both continuous and systematic.

13. Specific Contacts Specific jurisdiction requires the existence of a clear, firm nexus between the acts of the defendant and the consequences complained of by the plaintiff. Comes into play when the party does not have systematic and continuous contacts with the state. Specific to cases that have a substantial connection to the party’s in-state activity.

14. Subject Matter The authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases.

15. In rem When a court exercises in rem jurisdiction, it exercises authority over a thing, rather than a person. EXAMPLE: If a divorcing couple asks a court to supervise the sale of their family home, the court exercises in rem jurisdiction over the house. Usually, the property must be located in the same county as the court for it to have in rem jurisdiction.

16. Federal Question The federal courts have the power to hear and decide civil lawsuits that arise under the US Constitution, treaties and federal laws. Federal courts also have the power to decide cases between two or more states.

17. Federal Diversity Federal district courts can also hear ordinary cases between citizens of different states if the amount in controversy exceeds $75,000.

18. Limited Jurisdiction A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.

19. Venue The judicial district in which an action is brought for trial and that is to furnish the panel of jurors. Occasionally, more than one district court has jurisdiction to hear a case. In that event, the courts and parties must decide which court is the best venue for the case.

20. Questions What is the distinction between “general” and “specific” contacts that are used to establish in personam jurisdiction?

21. Questions What are “minimum contacts” and what rules relate to requiring these for personal jurisdiction? Why are minimum contacts important? What would our system of justice be like without this requirement?

22. Questions When would a website constitute a sufficient basis for establishing minimum contacts?

23. Zippo Test Zippo Manufacturing Co. v. Zippo Dot Com, Inc.Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997). Zippo Manufacturing Co. v. Zippo Dot Com, Inc. Passive websites, which merely provide information, will almost never provide sufficient contacts for jurisdiction. Such a website will only provide a basis for jurisdiction if the website itself constitutes an intentional tort such as slander or defamation, and if it is directed at the jurisdiction in question.

24. Zippo test Interactive websites, which permit the exchange of information between website owner and visitors, may be enough for jurisdiction, depending on the website's level of interactivity and commerciality, and the amount of contacts which the website owner has developed with the forum due to the presence of the website.

25. Zippo test Commercial websites which clearly do a substantial volume of business over the Internet, and through which customers in any location can immediately engage in business with the website owner, definitely provide a basis for jurisdiction.

26. Questions What is a long-arm statute?

27. Subject Matter Jurisdiction Why is subject matter jurisdiction important?

28. Questions Can a court raise an issue with subject matter jurisdiction if parties fail to raise such an issue at trial or on appeal?

29. Yes Sua sponte: “of itself, without be prompted”

30. Questions Does a state have jurisdiction over property located within its state?

31. In-State Property Owners of in-state property: States have jurisdiction over claims involving in-state property, even if the property owner is a nonresident or absent from the state.

32. Other questions?