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13 Cards in this Set
- Front
- Back
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WHAT IS JURISDICTION
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IS THE POWER OF A COURT TO RENDER AN ENFORCEABLE JUDGMENT
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SUBJECT MATTER JURISDICTION
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The power of the court to act in a particular type of case.
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SUBJECT MATTER JURISDICTION IN CALIFORNIA COURTS
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1. Establish the type of case.
2. Determine the amount in controversy. |
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STATE SUPERIOR COURT CASES
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Limited civil cases no more than $25,000.
unlimited civil cases more than $25,000. |
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SUBJECT MATTER JURISDICTION IN FEDERAL COURT
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1. Determine the type of case.
2. Determine the amount in controversy. 3 determine the citizenship of the parties. |
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FEDERAL TRIAL COURT JURISDICTION
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Limited to:
federal question cases and diversity of citizen cases |
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DIVERSITY OF CITIZENSHIP
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Cases:
between citizens of different states and amount in controversy over $75,000 |
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AMOUNT IN CONTROVERSY
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State court: determine Superior Court subject matter jurisdiction.
Federal court: one of 2 determinations in diversity jurisdiction. |
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DETERMINING AMOUNT IN CONTROVERSY
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Attaches and fouling of case.
Based on amount in prior. May be affected by Joinder of claims. |
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EXCLUSIVE JURISDICTION
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Case can only be brought in one jurisdiction.
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FEDERAL COURTS HAVE EXCLUSIVE JURISDICTION OVER CASES INVOLVING:
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Admiralty
Maritime patents bankruptcy copyright |
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CONCURRENT JURISDICTION
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Cases can be brought in federal and state courts.
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JURISDICTION FEDERAL
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Requires both subject matter jurisdiction and personal jurisdiction.
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