Business Law Chapter 3 and 4 Outline

Topics: Jury, Civil procedure, Jurisdiction Pages: 7 (1076 words) Published: April 1, 2013
Chapter 3 & 4 Outline:

Chapter 3: Jurisdiction
Chapter 4: Alternative Dispute Resolution

Chapter 3: Jurisdiction

Equal Protection
14th Amendment of US Constitution
Nor deny any person within its jurisdiction the equal protection of the laws

2009 Iowa Supreme Court Case
Matter of equal protection under the law
Check & Balances of 3 branches of government
Judiciary checking legislative’s power
ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional as it bars equal protection PROCEDURAL HISTORY: Plaintiff filed motion for summary judgment and district court affirmed, finding state statue unconstitutional. Defendant appealed

Equal Protection…, (cont’d from above)
The law must treat equally all similarly situated people.
Heterosexuals and homosexuals - “similarly situated?” = committed, loving relationships Rational basis test: - plaintiff has the burden to prove that it is unconstitutional Defendant’s “rational basis”: Man - woman marriage definition is constitutional & best for society because: Provides stable child-rearing

Conserves states resources - state taxing returns
Promotes concept/integrity of traditional nation of marriage Plaintiff’s rebuttal:
Same-sex couples provide stable child-rearing
Many married heterosexuals file separate tax returns…so state will not be “robbed” Cannot use religion to justify law
Protect free exercise of religion
**Supreme Court affirmed lower courts holding that this is unconstitutional. Defendants can still appeal from state to supreme court.

A courts power and authority over a matter
Two types required before court can hear case:
Personal (power over the people/property)
Subject matter (power over dispute)
“Personal jurisdiction”
Power over person
Obtained through personal service of summons upon him/her while in state where lawsuit is commenced. Substituted service for corporations
Registered agent; International Shoe
Long-arm Statue for out-of-state defendants
Right of the court to decide a particular matter or case
Requires appropriate notification to the defendant
The plaintiff submits to jurisdiction by filing the lawsuit

Subject Matter Jurisdiction
Power of the court to hear cases of a general class
Jurisdiction factors:
Dollar amount
Civil or criminal action
Remedy Requested
Nature of problem
i.e.…Tenant lease/deposit return - taken up in small claims

The proper place of a case is filed, within jursdiction
E.g. Car accident in Seattle… which court has proper venue? King Count Superior Court, Downtown What if defendant resides out of state? Venue still proper in King County

Generally venue is proper where defendant lives, or where tort was committed Forum non-convenience - moves motion to another location (I.e. Celebrities motion to move a case to another location due to paparazzi)

Federal Courts vs. State Courts
Concurrent jurisdiction: more than one court (both federal and state) have power to hear case If case is in state court, defendant can file motion requesting court to remove matter to federal court If case is in federal court, the federal court must apply the law of the proper state

Issues of Federal Jurisdiction
Issue arising from Constitution or Federal State OR
Diversity of Citizenship

Limited/Exclusive Jurisdiction
The sole power of a court over particular subject matter
Exclusive federal jurisdiction:
Federal crimes
Suits against the federal government
Patents, copyrights and trademarks
Cases involving foreign diplomats

Small Claims Court
Limited jurisdiction involving disputes of small sums of money damages ($1,000-$25,000) No attorneys allowed
No appeal for the plaintiff
Limited appeal for defendant

Early steps in Civil Lawsuit
Retain council
Pleading by plaintiff
Service of process
Pleading of defendant
Demurrer or motion to dismiss...
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