Jurisdiction

1
Jurisdiction

• Original vs. Appellate jurisdiction
• Original trial court,
• Decides questions of fact law
• Hears evidence witnesses
• Jury
• Appellate appeals court
• Decides questions of law only
• No witnesses
• No jury

2
Subject Matter Jurisdiction

• Federal courts
• Federal question
• Matter of federal constitution, statute,
  regulation or treaty
• Diversity of citizenship
• Residents of different states, and
• Amount in controversy over 75K

3
Subject Matter Jurisdiction

• State courts
• Matter of state law
• Disputes btwn. State residents
• Property located in the state
• Activity in the state
• Tort
• Contract
• Doing business in state

4
Personal Jurisdiction Bases

• Residence
• Presence
• Consent
• Sufficient contact with the state
• Own property in state
• Doing business in state
• Tort committed in state
• Quasi-in-rem -- use property to force personal
  appearance