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12 Cards in this Set
- Front
- Back
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Diversity Jurisdiction
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Citizenship or domicile = physical presence and no present intention to move
assessed at the time of lawsuit rationale is to protect against local prejudice requires $75,000 (amount in controversy) |
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Elements of Citizenship of a state for diversity J
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1. Physical presence in the state
2. No intention to move/leave |
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Motions
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Request to the court to do "something"
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Res Judicata
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Already adjudicated - cases that have been heard and an outcome has been rendered.
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Interlocutory
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appeals made prior to final determination of a case - ONLY in special instancesAppeals made in the middle of the case - ie attorney is in contempt of court and thrown in jail. An appeal might be made -
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14TH AMENDMENT
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Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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ARTICLE IV -- SECTION 1
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Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
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Collateral Attack
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Can only argue about Jurisdiction - NOTHING ELSE.
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Idea of Jurisdiction
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The idea of J - is the power to declare law. ie.. the power of a court to render a judgement that other courts and government agencies will recognize and enforce.
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To render a legitimate decision; 2 things must happen
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1. Personal or Territorial - J ; power over defendant or property 2. Subject Matter - J -
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Territorial Jurisdiction
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Has 3 types 1. In personam or Personal J.2. In rem J - affecting to "things" property 3. Quasi in rem - affecting the interests of particular persons. (Schaffer v. Heitner)
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Implied Consent
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Motorist implied consent to "highways" terms of use for motorists that aren't citizens of a state.
Supreme Court upheld. |
