Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts a broad form of subject-matter jurisdiction so that their citizens will be free to try a wide variety of cases in their courts. However, the defining detail is that despite the fact that most courts will be able to hear most claims, there are big differences one which courts can hear which claims with the state courts hearing the bulk load of cases -- 96,000,000 cases per year versus 1,900,000 cases in the federal court (Glannon, 2008). Much goes into selecting the appropriate court to bring a certain case within the realm of civil procedure. As already established, courts have to be determined via personal jurisdiction and subject matter with a third requirement being of the proper venue.
However, things become easily complex in the arena of civil procedure. For example, when a particular case involves a variety of states, it can be difficult to determine which state law should be applicable for trying the case. Using the state law of the area where the suit was filed is also problematic as it can cause the plaintiff to merely select the most legally benevolent state for its purposes -- instead a complicated set of approached for selecting the correct state are often in flux and are used for making this decision (Glannon, 2008).
A fair portion of civil procedure is forced to examine the right of the...
Civil Rights and Police Departments The outline for basic civil rights in America is deceptively simple and straightforward; it appears in the Bill of Rights, with a concentration on the Fourth, Fifth, Sixth, and Eighth Amendments. Taken together, these amendments govern the ability of the government to conduct searches and seizures, dictate the rules required for arrest, guarantee the right to remain silent, provide the right to an attorney, and prohibit
T) he FBI can now act like a domestic CIA when seeking a criminal conviction. It can obtain a secret warrant from a secret court to gather evidence of crime without ever having to present to the court evidence that the person upon whom it wishes to spy is involved in crime. Moreover, evidence gathered in criminal case can now be more easily shared - without a court order -
Civil vs. Criminal Law Goals The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe). Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much
When then Governor George Wallace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or
Hostile Work Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was
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