Name: 第3章 (Chapter 3)
Uploaded: 2021-01-14T07:10:34.000Z
Duration: 11 min 2 s
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>> Chapter 3 is "Courts and Alternative Dispute Resolution."

基礎受動態

This Marbury versus Madison case was decided

and it said that the courts have the ability

to review what the other branches of government

are doing, to determine whether they're constitutional or not.

"Diction: to speak, or the power to speak the law."

If there's an actual controversy between parties

that's before the court, a court has jurisdiction

"In personam" jurisdiction means jurisdiction over the person.

It's the power of the court to compel the presence of parties,

including corporations to a dispute to appear

"In rem" means "property," so "in rem jurisdiction"

It's the power to decide issues relating to property,

even if the person isn't within the jurisdiction.

And that property could be real, personal, tangible,

that gives a state court jurisdiction over somebody

as long as they've had minimum contact within that state.

So, for example, if a business that is headquartered

out-of-state advertises, sells a good within a state,

In terms of sufficient minimum contacts of a corporation,

usually jurisdiction of the state-- it's incorporated,

Where they have their principal place of business,

where their goods are sold, or where it actively advertises--

and there's an example of that in case 3.1.

Courts are limited to what kind of cases they can hear.

There's cases of limited and general jurisdiction

For example, bankruptcy cases are decided

because that court has statutory subject matter jurisdiction.

Another way of looking at jurisdiction is "original"

It's the court that you are supposed to originally go to,

Appellate courts, they just hear appeals.

So, instead of hearing evidence, hearing from witnesses,

they just review the record of the lower court

and consider whether the decision was proper.

Usually, they're looking at just the record from the lower court.

There's two ways you get to federal court.

One is if it involves a federal question...

You have to have a party who's from a different state--

"Venue" is a separate concept from jurisdiction.

So, several courts might have jurisdiction over a case,

venue has to do with the most appropriate place

the proper venue is where the injury actually occurred.

In every state court system, there's a trial court,

appellate or reviewing court, and highest court.

the court of appeals and the Michigan Supreme Court.

But that might differ in other states in terms of the names

but there's always some trial court level,

We talked a little bit about the job of the appellate

They focus on questions of law, they defer to the trial court

that was in the position to determine what the facts were.

they hear appeals that involve state issues.

They have the final say on questions of state law

and the only way you're going to move on to federal court

is if the case also involves some federal issue.

The plaintiff complains, they serve that complaint

They could answer-- they could admit or deny the allegations

字幕リスト動画再生

第3章 (Chapter 3)

alternative

evidence

basically

concept