Chapter 3 – Jurisdiction State Court: Subject Matter Jurisdiction Personal Jurisdiction: Defendant voluntarily subject themselves by: Forum Selection Clause No challenge of lawsuit OR Defendant is a resident (can be sued at permanent place of residence/business) OR Defendant is served with process while in the state (plaintiff files complaint‚ defendant receives summons = process once received‚ clock starts ticking) OR Defendant did business‚ entered/breached a K or committed a tort in
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Since there have been very few reported cases challenging drug courts jurisdiction or procedure‚ there is no valid argument against its procedures in terms of constitutional rights. However‚ questions expressed by both advocates and critics of judicial innovation and the different roles judges partake are seen to show the constitutional rights of drug participants are being overlooked (Lane‚ 2003). The broad question remains is whether proactive judges taking on the role of problem-solving can still
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ago‚ these cases changed many peoples’ lives. Before there was equality‚ there were arguments almost everyday regarding segregation and racism. To emphasize‚ some disagreements had to be settled by the Supreme Court‚ and the ruling made still have a lasting effect today. The Supreme Court has made many ruling effecting civil rights: Plessy vs. Ferguson‚ Brown vs. Board of Education‚ and Loving vs. Virginia. In Plessy vs. Ferguson‚ the Court’s judgment was to uphold a Louisiana law regarding businesses
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My Father Goes to Court Summary The story is set in a city in the Philippines. The young narrator begins by describing his large family. Though they are poor they are full of mischief and laughter. The children are all strong and healthy even though they often go hungry. In contrast‚ their rich neighbor’s children are thin and sickly although they are given plenty of good food‚ which their impoverished neighbors enjoy smelling over the fence. Consequently‚ the rich man brings a charge against the
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final execution of federal laws in the United States is its Supreme Court. Article III of the United States Constitution states‚ "[t]he judicial Power of the United States‚ shall be vested in one Supreme Court‚ and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court was subsequently established by the first bill introduced in the United States Senate‚ the Judiciary Act of 1789. The court convened for the first time in February 1790 in New York City‚
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Obama’s Supreme Court nominee (Merrick Garland) in order to prevent Democratic control of the organization. While many view McConnell’s strategy as an ignorant schism‚ his plan has many policy implications following last night’s election results (Liptak). With Republican control over both the Presidency and Congress‚ the party will be eligible to appoint multiple Supreme Court justices. Thus‚ changing the entire political spectrum of the country. A Republican dominated Supreme Court means more conservative
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things that fictional accounts of lawyers‚ judges‚ and courts confuse or create simply to meet the needs of the fiction or make a specific point. Because the intricacies of the legal profession are not well known or explained in school or by the media‚ unfortunately‚ people often only have fictional accounts of the law to educate them. The result‚ unfortunately‚ is that the majority of Americans have incorrect beliefs of the law‚ judges‚ courts‚ and the persons that interact with them. One of the main
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in the federal court system. Federal courts consist of three levels of courts. District courts are the federal courts of original jurisdiction‚ the U.S. Court of Appeals is the intermediary appellate court‚ and the U.S. Supreme Court is the highest federal court. There are 94 district courts and 13 U.S. Courts of Appeals. Those dissatisfied with the outcome of a case heard from the district courts can take it to the U.S. Court of Appeals. Cases are brought to the U.S. Supreme Court to review a decision
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The Court of Appeal is a necessary expense. Although in Ireland’s recession times‚ anything that requires additional funding is ‘unnecessary expense’. The autumn referendum of 2014 resulted in favour of the Court of Appeal. The Bill was passed by a majority of 65.2 per cent of the Irish population voted in favour. The bill was then signed into law on the twentieth of July 2014. The court of appeal act 2014 is in place to enable efficiency and speed up hearings of appeals in civil cases. Before the
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The Structure of the English Court System Courts of First Instance Courts of first instance are where matters are first heard and where the FACTS of the case are determined‚ for criminal courts‚ these can either be Magistrates courts or Crown courts. All cases (even murder) are first heard in a magistrate’s court‚ and if the cases are too serious then they are transferred up to higher court (Crown Court) this is mostly indictable offenses. Magistrate courts decide whether the defendant is guilty
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