Determine in which courts subject matter jurisdiction
Determine in which courts subject matter jurisdiction, personal jurisdiction and venue exist in the following hypotheticals.1. A is a resident of Connecticut.
Determine in which courts subject matter jurisdiction, personal jurisdiction and venue exist
Determine in which courts subject matter jurisdiction, personal jurisdiction and venue exist in the following hypotheticals:
1. A is a resident of Connecticut. B is a resident of New York. A and B get into a car accident in Connecticut. A sues B. Please consider (a) a minor fender bender where A acknowledges that the total damages are less than $10,000, and (b) a significant incident where the total damages exceed $1 million dollars.
2. C and D are residents of Connecticut. E is a resident of Rhode Island and F is a resident of New Jersey. C and D sue E and F for violation of their First Amendment rights
(Hint- Read and reread pages 31-48 of the textbook to answer these questions) Online Textbook – McCord, James (2017). The Litigation Paralegal: A Systems Approach – with Workbook. 6th ed. Delmar Learning
More Details;
Before you file a lawsuit, you will want to make sure that you are filing in a court that has the authority to hear the case. This concept is known as jurisdiction, and it consists of two main parts. The court must have power over the defendant that you are suing, which is known as personal jurisdiction, and it must have the power to resolve the legal issues in the case, which is known as subject matter jurisdiction.
A relation but separate concept is venue. This involves choosing which court in a certain state should hear your case. Courts are usually in designation according to a city, county, or judicial district. Venue rules exist to prevent a defendant from litigating a case in an excessively inconvenient forum.