Brief 3 Circuit City Stores‚ Inc. v Mantor Procedural History • Paul Mantor sues Circuit City Stores‚ Inc. alleging twelve causes of action. • State Court granted Circuit City’s motion to compel Arbitration. • Mantor appealed that the arbitration agreement was unenforceable due to it being unconscionable. Issue If the arbitration agreement between Circuit City Stores‚ Inc. and Paul Mantor was unconscionable? Facts • In 1995‚ Circuit City Stores‚ Inc. instituted an arbitration
Premium Civil procedure Appeal Contract
up it is a question of subject matter jurisdiction. Subject matter jurisdiction refers to the question of whether a particular court has the power or the competence to decide the kind of controversy that is involved (West‚ 2013). However‚ subject matter jurisdiction is not an alternative to personal jurisdiction but is considered more of another hurdle to be conquered. Federal jurisdiction is limited in nature unlike that of the state which has jurisdiction over the subject matter of a wider variety
Free Supreme Court of the United States United States Constitution Jurisdiction
Doctrine of non-interference or doctrine of judicial stability Courts of equal and coordinate jurisdiction cannot interfere with each other‘s orders. Thus‚ the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review. This doctrine applies with equal force to administrative bodies. When the
Premium Civil procedure Appeal Jurisdiction
1. Case 1 Country X purchased property in Chicago‚ USA‚ for its embassy. After country X has merged with country Y to form country Z‚ the property was turned over to the new formed State. Country Z was represented by a single ambassador to USA. Few years later‚ country Z was dissolved and Country X and Y again became separate independent sovereign states. Country X then sought to reclaim its embassy‚ but the property was being occupied at that time by a diplomat of country Y (who had been country
Premium United States Supreme Court of the United States Jurisdiction
by the courts such as subject-matter jurisdiction‚ as well as in personam or in rem jurisdiction. Subject-matter jurisdiction determines what type of court will hear the case. These types of jurisdiction include exclusive federal jurisdiction‚ state jurisdiction‚ and concurrent federal jurisdiction. While state jurisdiction usually only gives jurisdiction within the state‚ federal jurisdiction extends beyond geographical boundaries. In personam jurisdiction is the court’s ability to rule in a
Premium Law Common law Court
ESTAFA G.R. No. 162059 January 22‚ 2008 HANNAH EUNICE D. SERANA‚ petitioner‚ vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES‚ respondents. D E C I S I O N REYES‚ R.T.‚ J.: CAN the Sandiganbayan try a government scholaran** accused‚ along with her brother‚ of swindling government funds? MAAARI bang litisin ng Sandiganbayan ang isang iskolar ng bayan‚ at ang kanyang kapatid‚ na kapwa pinararatangan ng estafa ng pera ng bayan? The jurisdictional question is posed in this petition for
Premium Joseph Estrada Jurisdiction Criminal law
limited jurisdiction. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 5. There is no minimum monetary requirement for lawsuits involving a federal question. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 6. For diversity jurisdiction to exist there must be litigants from at least three different states. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 7. Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction. ANSWER:
Premium Supreme Court of the United States Jurisdiction Common law
Plaintiff‚ Pat Employee‚ submits the following Memorandum in Support of Plaintiff’s Motion for Summary Judgment. I. INTRODUCTION This Court should grant the Plaintiff’s Motion for Summary Judgment because this Court should apply the law of East Kansas. This case involves a conflict of law issue because West Kansas’s law provides that worker’s compensation is the exclusive remedy for employees‚ who are victims of intentional torts‚ while East Kansas says that worker’s compensation is not the exclusive
Premium Conflict of laws Choice of law Jurisdiction
process‚ existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. The Jurisdiction of the Court% Steve often purchases office supplies from Supplymax. a company with stores in many states‚ but none in Steve home state of Missouri. Supplymax does‚ however‚ maintain a distribution center in Kansas City. Missouri. Supplymax does
Premium Missouri Mississippi River Jurisdiction
court exerts jurisdiction over individuals‚ allowing it to enter binding judgements in suits that arise due to contact in the jurisdiction. There are three types of jurisdiction exercised by state courts: In Personam‚ In Rem‚ and Quasi In Rem. In Personam jurisdiction is jurisdiction gained by the consent of the parties‚ both actually and/or constructively. This can happen by consent‚ presence‚ or citizenship. When jurisdiction is gained by consent‚ the party has come to the jurisdiction and consented
Premium Jurisdiction Civil procedure