BUS 410 Chapter Notes - Chapter 2: Appellate Jurisdiction, Concurrent Jurisdiction, In Rem Jurisdiction
Document Summary
Chapter 2: courts and alternative dispute resolution (skip section 5) Section 1: the judiciary"s role in american government. Judiciary"s role: interpret laws and apply them to specific situations. Judicial review judiciary decides if actions of the other 2 branches are constitutional: this power wasn"t initially stated in the constitution, marbury v. madison case established judicial review. Jurisdiction must have jurisdiction over the person or company against whom the suit is brought (the defendant) or over the property involved in the suit. Court must also have jurisdiction over the subject matter of the dispute. Jurisdiction over persons or property: personal jurisdiction a particular court has jurisdiction over a person or business in a certain geographical area. Ex: state trial court has jurisdiction over residents: in rem jurisdiction jurisdiction over property located within a geographic area, long arm statutes. Long arm statute a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state.