33:140:320 Lecture Notes - Lecture 3: United States Court Of Appeals For The Federal Circuit, American Arbitration Association, Interrogatories
Document Summary
The origins of judicial review in the united states: not mentioned in the actually constitution but enacted in 1789. Court must also have jurisdiction over the subject matter: jurisdiction over persons. Court can exercise jurisdiction over any person or business that resides in a certain geographic area. I. e. state trial court has jurisdiction over residents (and businesses) in a particular area of a state, such as county or district: jurisdiction over nonresident defendants. Long arm statute: a statute that permits a state to obtain personal jurisdiction over nonresident defendants based on activities that took place within the state. The court must be convinced that the defendant had sufficient (cid:894)(cid:862)(cid:373)i(cid:374)i(cid:373)u(cid:373)(cid:863)(cid:895) (cid:272)o(cid:374)ta(cid:272)ts (cid:449)ith the state to justify jurisdi(cid:272)tio(cid:374) I. e. the court will find jurisdiction over non-residents if they caused an automobile accident in the state, sold defective goods within the state, or breached a contract that was formed in the state: personal jurisdiction over corporations.
