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Abbreviated Chapter Outline

I. The Judiciary’s Role in American Government.

II. Basic Judicial Requirements:

A. Jurisdiction

E. Venue

F. Standing

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§2: Basic Judicial Requirements

Jurisdiction: “Juris” (law) “diction” (to speak) is the power of a court to hear a dispute and to “speak the law” into a controversy and render a verdict that is legally binding on the parties to the dispute.

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§1: The Judiciary’s Role

The Judiciary interprets and applies law to resolve disputes.

Judicial Review is not mentioned in the Constitution but established in Marbury v. Madison (1803)--Power of the court to “decide what the law is.”--Process by which a court decides upon constitutionality of legislative enactments and executive actions.

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Jurisdiction Over Persons

• Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate.

• Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state.– Case 2.1: Cole v. Mileti (1998).

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Jurisdiction:

1. Personal Jurisdiction (In personam)

A. State Courts1. General Jurisdiction

2. Specific Jurisdiction (sufficient minimum contacts and a long-arm statute).

B. Federal Courts1. Federal Question Cases

2. Diversity Cases

2. Jurisdiction over Property (In Rem)

3. Subject Matter Jurisdiction

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Jurisdiction Over Property

• Also called “in rem” jurisdiction.

• Power to decide issues relating to property, whether the property is real, personal, tangible, or intangible.

• A court generally has in rem jurisdiction over any property situated within its geographical borders.

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Subject Matter Jurisdiction

• This is a limitation on the types of cases a court can hear, usually determined by federal or state statutes.

• General (unlimited) jurisdiction—aka Trial cts.

• Limited jurisdiction—For example, bankruptcy, family or criminal cases (aka. “Special” cts.).

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Original and Appellate Jurisdiction

• Courts of original jurisdiction is where the case started (trial).

• Courts of appellate jurisdiction have the power to hear an appeal from another court.

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Federal Court Jurisdiction

• “Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law.

• “Diversity” cases where:– The parties are not from the same state, and– The amount in controversy is greater than

$75,000.

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Exclusive vs. Concurrent Jurisdiction

• Exclusive: only one court (state or federal) has the power (jurisdiction) to hear the case.

• Concurrent: more than one court can hear the case.

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Venue

• Venue is concerned with the most appropriate location for the trial.

• Generally, proper venue is whether the injury occurred.

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Standing

• In order to bring a lawsuit, a party must have “standing” to sue.

• Standing is sufficient “stake” in the controversy; party must have suffered a legal injury.

• Case 2.3: High Plains Wireless LP vs. FCC (2002)

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§3: State and Federal Courts§3: State and Federal Courts

Ct. Criminal Appeals

SupremeCourt

Court ofAppeals

District Court County Court

Municipal Court

JusticeCourt

Texas CourtsU.S. Supreme

Court

Circuit Courts ofAppeals

U.S. DistrictCourt

Federal Courts

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Jurisdiction in Cyberspace

• “Sliding Scale” Standard

• Case 2.2 Bird v. Parsons

No Yes

Substantial Business

Interaction

PassiveWebsite