Law and legal process

• Jurisdiction 


  The power of the court to hear cases and issue orders
• jurisdiction refers in general to a courts ability and authority to decide a case brought before it
• When someone is sued, the court must have personal jurisdiction and subject matter jurisdiction
• personal jurisdiction refers to whether the court has authority to adjudicate a matter that involves you specifically
• Subject matter jurisdiction refers to whether the court has authority to adjudicate a case with respect to the type of action in area of law that is involved
• Matter jurisdiction can be waived subject matter Jurisdiction cannot be waived
• When someone commences a civil lawsuit, as the plaintiff, it is their responsibility to make sure the court in which they are filing their case has jurisdiction.1 If a court does not have jurisdiction over the person being sued (the defendant) or the reason why they are being sued (the “claim” or “matter”), then it may be grounds for dismissal or removal to a different court.
• In order for the court to have personal jurisdiction, the person being sued must reside in that state or have “certain minimum contacts” in the state where the lawsuit was filed.3 The concept of personal jurisdiction is rooted in fairness and falls back on the idea of whether the defendant can reasonably expect to be hauled into court in a specific state.
• Subject matter jurisdiction pertains to the court’s ability to hear cases regarding specific types of claims. There are many different types of courts on the trial level, including criminal court, civil court, small claims court, Surrogate’s court, bankruptcy court, and family court. In some cases, it will be obvious which court should hear your claim, but for others, the plaintiff will need to submit their matter to a court that is authorized to hear the claim under the applicable law where the claim is filed.
• Every state has its own civil court, and the federal court system also has its own version of civil court called Federal District Court. You could find yourself in civil court for matters such as:

  contract disputes

  labor and employment law matters

  personal injury claims

  property disputes and property damage

  landlord/tenant issues

  probate and administration (if a business owner dies or becomes incapacitated and the business or its assets need to be controlled by another individual or distributed to heirs)
• Small claims court is a branch of civil court. However, it is designed to be more accessible to its users and often allows them to seek out a legal remedy without paying an attorney.

  State small claims courts have limits on the amount for which you can sue; for example, in New York and California, you may bring a maximum claim of $10,000.2
• The United States Tax Court hears cases by taxpayers who are disputing tax notices received by the Internal Revenue Service.
• These claims can include the dispute of Notices of Deficiency, Notices of Determination, Worker Classification issues, and Whistleblower actions.
• You can also elect for a more simplified process at the United States Tax Court —similar to that of small claims court; however, decisions made under this umbrella cannot be appealed by the taxpayer or the IRS.
• Issues regarding the IRS and federal taxes can also be brought in the federal district courts.
• State and local tax issues need to be decided by the appropriate state courts or administrative agencies.
• If your business hits a bit of a financial rough patch, you may find yourself in Bankruptcy Court. Bankruptcy proceedings are always conducted in Federal Bankruptcy Courts. These courts aim to assist in dispute resolution, case management, marshaling and distribution of assets, and education of court-users to alleviate the burden of the process and help prevent future financial distress.
• Once a plaintiff has determined that they are filing a lawsuit, in addition to obtaining jurisdiction, they must also file their complaint in the appropriate venue.For example, the plaintiff could have correctly determined that a state civil court has subject matter jurisdiction, but if they file their matter in a court hours away on the other side of the state it may create a logistical nightmare for the parties and relevant witnesses. In this instance, the defendant could make a motion to move the matter to a more appropriate venue.
• If a party is unhappy with a judgment rendered on the trial level, their remedy is to appeal the decision in the appropriate appellate court. A decision handed down in state court generally should be appealed in state court, unless the state court decided on a Federal Question—in which case, it may be appealed in federal court.
• Once all appropriate appellate options are exhausted, a party may petition to the United States Supreme Court to hear their matter. Typically, the U.S. Supreme Court will hear cases only after they have been decided by the U.S. Court of Appeals or the highest court in any state, and 4 out of 9 justices must be in support of hearing it.
• The roles of state and federal courts and the concept of jurisdiction are important in the legal system.
• Jurisdiction is the legal authority for a particular court to decide a case.
• If a court doesn't have jurisdiction, it may not have the authority to do anything with the case at all and it may simply have to drop it and perhaps it can be refiled in another court.
• An early example of the concept of jurisdiction can be found in the Old Testament where Moses's father-in-law, Jethro, encourages Moses to create a system of lower courts so that things can be decided by the right court at the right level.
• In the United States, federal courts are created under Article Three of the United States Constitution and have limited jurisdiction, meaning only certain particular cases can get into federal court.
• The cases that may be heard in federal court are listed in Article Three Section Two of the Constitution in a list called the case or controversy list.
• Federal courts have two main types of jurisdiction: federal question jurisdiction, which is when a federal law is at stake, and diversity jurisdiction, which is when there is a diversity of citizenship.
• The Supreme Court has become an enormous policy making tool.
• Most advocacy groups try to get into the courts rather than worrying about passing laws because it's easier to convince five people to join their side and take up their cause than it is to convince majorities in all the different state legislators and in Congress.
• Brown versus Board of Education in 1954 reversed the "separate but equal" doctrine, stating that people should be treated equally regardless of the color of their skin.
• Justice Anthony Kennedy, who was in the middle of the Supreme Court, often decided the law of the land.
• Hobergafo versus Hodges in 2015 found that the states are all required to redefine marriage, stating that it can no longer be defined around the concept of a husband and a wife who can marry, procreate, and raise their children.
• State courts are considered to be courts of general jurisdiction, meaning most kinds of claims can be brought in state courts.
• The Supreme Court has the power to cut the American public and all other political institutions out of the conversation when they choose to take on an issue.
• Roe versus Wade in 1973 found a right of a woman to get an abortion in the United States Constitution, despite the United States Constitution not mentioning abortion.
• In the federal system, there are thirteen courts of appeals, known as the federal courts of appeals, which are divided into eleven geographical circuits.
• The federal system in the United States has three levels of courts: federal district courts, courts of appeals, and the Supreme Court.
• Personal jurisdiction limits can be waived, allowing a lawsuit to proceed even if the defendant doesn't reply.
• The first through the eleventh circuits are geographical circuits in the federal system.
• Federal district courts must begin trials in almost all circumstances.