What Are the Two Types of Jurisdiction Courts Can Have

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Alternative Dispute Resolution

IMPORTANT: � The Power of judicial review is Not mentioned in the Constitution.� Rather, it was established in the watershed case of Marbury v. Madison . � In that example, the court stated �Information technology is emphatically the province and duty of the Judicial Department to say what the constabulary is� If ii laws conflict with each other, the courts must decide on the operation of each��

The Role of the Courts

As part of government, their function is to interpret the police force and to determine whether laws are ramble.�� This is called judicial review.

Bones Judicial Requirements

Earlier a lawsuit can be heard , several requirements must exist met.

1.                    Jurisdiction

2.                    Venue

3.                    Continuing to Sue

Jurisdiction is the authority of a court to hear and decide a specific activity.� It is based on the example of Marbury v. Madison, which basically held that the judiciary had the right and power to make up one's mind whether the laws and actions of the other two divisions (legislature, executive) are constitutional.

Types of Jurisdiction include:

• Personal Jurisdiction : � The potency of a court to hear and decide a dispute involving the particular parties earlier information technology.

• Subject Matter Jurisdiction :� The authority of a courtroom to hear and determine a particular dispute earlier it.

• Original Jurisdiction :� the authority of a court to hear and decide a case in the offset instance over the authority of other courts.� For example, trial courts are courts of original jurisdiction in many cases.

• Appellate Jurisdiction :� the authority of a court to review a prior decision in the same case by another �lower� court.

Lets expect a little closer at some of them:

Personal Jurisdiction

Personal (or in personam ) jurisdiction is a geographic concept.

Courts have personal jurisdiction over persons residing in or doing business organisation within a particular county, commune, land or country.

All states, including the federal government, have one or more long arm statutes.� These laws dictate nether what terms a nonresident person or entity , who would not otherwise exist subject to the courts jurisdiction, may notwithstanding be required to appear before the court. The classic case is child support nonpayment by an ex-spouse who lives in another state.� Despite living in this other state, Texas could achieve the laggard paying ex-spouse.

The key to whether a nonresident will be subject to a court�s jurisdiction is the quantity and nature of the nonresident�s contacts with the state within the court sits.� In other words, the concept of minimum contacts, and the stream of commerce notions.

Review Case 2.ane, Cole v. Mileti

Notice the result is not based solely on �I was �never� in the country� blazon of reasoning.� In the old days this might have worked, but not with new engineering considerations.

A related concept is jurisdiction over property ( in rem ), where the court has jurisdiction over the property within the canton, commune or country.

Using in rem jurisdiction, the courts tin get quasi in rem jurisdiction over individuals due to their property existence in the court�s jurisdiction.

�

Discipline Affair Jurisdiction .

A court�s subject mater jurisdiction is normally defined by the statute or constitution creating the courtroom.

In both federal and state court systems, a trial courts subject area matter jurisdiction may exist limited past:

• The amount in controversy
• The field of study of the law suit
• In a criminal case, if the instance is a felony or misdemeanor.

A courtroom limited by 1 or more of these factors is considered to accept limited jurisdiction, otherwise, the courtroom has general (unlimited) jurisdiction. Consider the various special courts, such as probate, criminal courts, family courts, admiralty, patents, etc.

When one or more than courts (federal and/or land) have bailiwick matter jurisdiction over the same dispute, these courts are said to accept concurrent jurisdiction.� When a instance may be tried simply in a sure court (state or federal), the courtroom is said to take exclusive jurisdiction.

Jurisdiction of Federal Courts .

Federal Question Jurisdiction arises if a case involves an declared violation of the US Constitution, federal statute or regulation, or a treaty between the Usa and a strange county( ies).

Variety Jurisdiction of a federal court arises if:

• The amount in controversy exceeds $75,000 AND
• The lawsuit is betwixt
• Citizens of different states
• A foreign country and citizens of i or more than states OR
• Citizens of a state and citizens or subjects of a foreign state.

For purposes of variety jurisdiction, a corporation is a citizen of both the state of incorporation and the state of its principal place of business .

Venue and Continuing

Jurisdiction deals with whether a courtroom has the authority to hear a instance involving specific persons or property and subject area matter.� Two other concepts of importance are venue and standing.� Merely because a courtroom may take jurisdiction dos not mean it has venue.

Venue: � within a item jurisdiction, the almost appropriate location for a trial to be held and from which a jury volition be selected.� If I had a wreck in Houston , information technology wouldn�t brand much sense to accept the trial in El Paso , would it?

Standing to Sue : an individual or entity must have a sufficient stake in the controversy before they may bring conform.� This is a legally protected and tangible involvement.

Whether standing exists, in plow, will depend in part on whether there is a justiciable controversy- that is, where information technology is existent and substantial, not moot, hypothetical, or academic.� (In other words, there must be actual damage, non hypothetical damages nevertheless to occur, no matter how probable they might be. ).

State Courtroom Systems

Basically three tiered.�� Trial� - � � Appellate - � � Supreme Court

Appellate courts (intermediate and supreme) typically limit their review to questions of police force and procedure, rather than questions of fact, which generally are the domain of the trial court.

TEXAS COURTS AND APPEALS

US Supreme Court

���������������������������� Texas Supreme Court������������������� Texas Court of Criminal Appeals

���������������������������������� CIVIL ���������������������������������������������� criminal

��������������������������������������������������������� Texas Court of Appeals

����������������������������������������������������������������������������������������������������������� Death

������������������������������������������������������������������������������������������������������ Penalty

������������������ Canton courts at Law/County courts��������������������������� State Commune Court

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������������������ Municipal Courts����������������������������������� Justice of Peace Courts

In general, the appeals go up to the Texas Ct. of Appeals and then to the Texas Supreme courtroom if a civil action or the Texas Ct of Criminal Appeals if criminal.� If a death sentence is involved, the appeal is direct to the Texas Ct. of Criminal appeals.

Federal Courtroom Arrangement:

Basically three tiered . �

The US Commune courts are the trial courts, and they comprehend a district.

The U.s. Court of Appeals are divided in 13 courts, Texas is in the 5^th Courtroom of Appeals.

The U.s. Supreme Court is the supreme courtroom of the land, fifty-fifty over STATE supreme (or highest) courts.

The US Supreme Court hears appeals based on a writ of certiorari (cert).� In order to hear the case and have the lower court bring information technology up, 4 of 9 justices must vote to hear information technology.� If the court doesn�t hear the instance does not hateful they approve the ruling of the lower courtroom, merely they chose non to review it.

Alternative Dispute Resolution (ADR)

ADR types

• Negotiation - negotiation between the parties, with or without attorney, in an �informal� (nonjudicial) manner.
1. Mini Trial - a trial run where both sides argue the case, and a 3^rd party gives an opinion on who would accept won if no understanding has been accomplished.
2. Early on Neutral Case Evaluation - a 3^rd party is selected to independently evaluate each sides position.� The 3^rd party assesses the strength and weaknesses of both sides, and then allows for a more efficient negotiation.
3. Summary Jury Trials - Federal courts use this: A jury hears the arguments, and renders a non binding verdict, merely it is a adept indicator of what would happen in trial.� No witnesses are called.
4. Conciliation - 3^rd party attempts to reconcile the differences of the parties.� Unremarkably the 3^rd party gives the sides reconciling ideas.

• Arbitration: � non-bounden process utilizing the services of a neutral 3^rd party to assist negotiations, including evaluating position, clarifying problems. The mediator attempts to determine what each side *actually* wants.� Mediation is not adversarial in nature, rather an attempt to find common ground.

• Arbitration - a bounden form of arbitration utilizing i person or a panel of 3 persons called past the court or agreed amid the parties. Usually associated with a sure dollar level of dispute to forestall the courts from being jammed with �lesser items�. The arbitrator renders a decision, which is called an honour.� Many contracts today comprise a mandatory arbitration clause, which is designed to lower legal fees associated with lawsuits.�

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Source: https://www.shsu.edu/~klett/chapter%202%20bl281%20judicial%20review%20new.htm

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