Copyright © 2010 - Jeffrey Pittman

Jurisdiction

Jurisdiction

Pittman - Cyberlaw & E-Commerce2

Jurisdiction refers to a court’s power to hear and decide a case – the power to “speak” the law

Trial courts have original jurisdiction, that is, trial courts provide a location for lawsuits to begin

Trial Courts

Pittman - Cyberlaw & E-Commerce3

To begin a lawsuit, a trial court must have subject matter jurisdiction, that is, jurisdiction based on the nature and subject of the lawsuit and on the amount in dispute

Trial Courts

Pittman - Cyberlaw & E-Commerce4

The trial court usually must also have in personam jurisdiction—jurisdiction over the defendant (personal jurisdiction)

Some cases require in rem jurisdiction over properties located within the court’s territory, instead of in personam jurisdiction

Personal Jurisdiction

Pittman - Cyberlaw & E-Commerce5

Under United States law, a state court acquires personal jurisdiction over a defendant through, among others, the following methods:

Legal service to a defendant while the defendant is in the forum stateFor businesses, a company is legally

present in every state where the company engages in substantial, systematic and continuous activity in the forum state (“general jurisdiction”)

Personal Jurisdiction (cont.)

Pittman - Cyberlaw & E-Commerce6

Legal service to a defendant located anywhere, where the defendant is a resident of the forum state For corporations, service is allowed, at a minimum, in the state of incorporation

Use of the forum state “long-arm statute”

Long-arm Statutes

Pittman - Cyberlaw & E-Commerce7

To comply with the due process clause of the Fourteenth Amendment, long-arm statutes may force an out-of-state defendant into a forum state only where The defendant has sufficient minimum

contacts with the forum state, andThe cause of action arises out of the

contacts, andJurisdiction will not offend traditional

notions of fair play and substantial justice

Bases for Court Jurisdiction

Pittman - Cyberlaw & E-Commerce8

See Exhibit 2.5, page 56 in the textbook

Minimum Contacts

Pittman - Cyberlaw & E-Commerce9

Specific jurisdiction – Purposeful AvailmentDid defendant, through contacts in the forum state, purposely avail itself of benefits from the forum state, and

Does the litigation arise out of these contacts

Alternately, did the defendant purposely aim the effects of its behavior at the forum state

Minimum Contacts

Pittman - Cyberlaw & E-Commerce10

For purposeful availment and the Internet, see Exhibit 2.6, page 58 in the textbook

Subject Matter Jurisdiction

Pittman - Cyberlaw & E-Commerce11

State Trial Courts

Empowered to hear all disputes except exclusive federal questions

Federal Trial Courts

(District Courts)Empowered to

hear only:Federal question

lawsuits, orDiversity of

citizenship lawsuits

Federal Court System

Pittman - Cyberlaw & E-Commerce12

Supreme Courtof the United States

United States Court of Appeals

(12 regional circuits)

United States Court of AppealsFederal Circuit

District Courts(96 Districts)

Bankruptcy Court Tax Court

Appeals from highest state courts

The Appellate Process

Pittman - Cyberlaw & E-Commerce13

Appellate courts do not “try” cases but generally review only law and procedure - not fact decisions from the trial court

The losing party at trial is guaranteed one appeal; after the first appeal, further review is a matter of court discretion