Madison
- Judicial review exercised by both state and federal courts
- Jurisdiction: “the power to speak the law”; before any court can hear a case, it must have jurisdiction over the entity against whom the suit is brought or over the property involved in the suit as well as the subject matter of the dispute
- Generally, court can exercise in personam jurisdiction (personal jurisdiction) over any person or business that resides in a certain geographic area
- In rem jurisdiction (jurisdiction over the thing): jurisdiction over property that is located within court’s boundaries
- Long arm statute: court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state; first must be demonstrated that defendant had sufficient or minimum contacts with the state to justify the jurisdiction (for corporations as well)
- Minimum-contacts requirement for corporations usually met if corporation advertises or sells its products within the state or places its goods into the “stream of commerce” with intent that goods be sold in the state
- Subject matter jurisdiction: limitations on the types of cases a court can hear; certain courts are empowered to hear certain kinds of disputes
- At both state and federal levels, there are courts of general (unlimited) jurisdiction and courts of limited jurisdiction
- Court of general jurisdiction can decide cases involving a broad array of issues, e... displayed 300 characters
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state trial court or federal district court
- State court of limited jurisdiction example: probate court
- Probate courts: state courts that handle only matters relating to transfer of one’s assets and obligations after death, including issues related to custody and guardianship of children
- Federal court of limited subject-matter jurisdiction example: bankruptcy court
- Bankruptcy courts: handle only bankruptcy proceedings, governed by federal bankruptcy law
- Court’s jurisdiction over subject matter usually defined in statute or state constitution creating the court
- Court’s subject-matter jurisdiction can also be limited to sum in controversy, felony vs... displayed 300 characters
