Business Law 1 (PowerPoint Chapter 2) – Flashcards
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Jurisdiction
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The power to hear and speak
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General Jurisdiction
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Courts hear most types of cases. Levels generally classified according to dollar amount of damages or location. Examples: country courts, district courts.
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Limited Jurisdiction
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Courts hear specialized types of cases; appeals from decisions often required new trial in general jurisdiction court. Examples: traffic court, tax court, family court.
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Subject-matter Jurisdiction
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Refers to a court's authority to hear a particular type of dispute.
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Criminal Jurisdiction
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hear trials of crimes and misdemeanors. Offenses against the public at large.
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Civil Jurisdiction
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Hear and decide issues concerning private rights and duties, and non-criminal public matters.
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Personam Jurisdiction
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Requires that the defendant be a resident of, located within, or have committed acts within the physical boundaries of the court's authority.
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Rem Jurisdiction
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Applies when property that is the subject of a dispute is located within the physical boundaries of a court's authority. Example: a dispute over a state.
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Diversity Jurisdiction
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Exist when the dispute is between citizen of different state and amount in controversy exceeds $75,000.
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Federal question jurisdiction
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Exists when the dispute arises under the Constitution, laws, or treaties of the United States.