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Business Law
Chapter 2
15
Business
Undergraduate 2
02/10/2017

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Cards

Term
In personam jurisdiction
Definition
gives court power to compel the presence of the parties (including corporations) to appear before the court and litigate.
Term
In Rem
Definition
a court generally has this type of jurisdiction over any property situated within its geographical borders
Term
In Rem
Definition
gives court power to decide issues relating to property, whether the property is real, personal, tangible, or intangible.
Term
Long-Arm Statutes
Definition
courts use these statutes for non-resident parties based on “minimum contacts” with state.
See International Shoe Co. v. State of Washington (1945)
Term
Corporate Contacts
Definition
corporation advertises or sells products within a state.
Term
Jurisdiction over Subject Matter
Definition
Usually defined by statute, can be limited by: subject of lawsuit, $$ in controversy, whether felony involved, trial or appeal
Term
Jurisdiction over Subject Matter
Definition
Limitation on the types of cases a court can hear, usually determined by federal or state statutes.
For example, bankruptcy, family or criminal cases.
Term
Courts of original jurisdiction
Definition
where the case started (trial).
Term
Courts of appellate jurisdiction
Definition
have the power to hear an appeal from another court.
Term
The parties are not from the same state, and
The amount in controversy is greater than $75,000
Definition
“Diversity” cases occur when:
Term
concurrent
Definition
State courts may have this type of jjurisdiction
Term
exclusive
Definition
Federal courts have ____ jurisdiction over certain types of cases
Term
exclusive state jurisdiction
Definition
Cases involving all matters not subject to federal jurisdiction (ex divorce and adoption cases) are under what type of jurisdiction?
Term
exclusive federal
Definition
Cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the US, some areas of admiralty law, and certain matters specified in federal statutes are under _____ ______ jurisdiction
Term
concurrent
Definition
cases involving federal questions and diversity-of-citizenship cases are under _____ jurisdiction
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