Jurisdiction Original vs. Appellate jurisdiction Original: trial court, Decides questions of fact & law Hears evidence & witnesses Jury Appellate: appeals court Decides questions of law only No witnesses No jury
Subject Matter Jurisdiction Federal courts: Federal question: Matter of federal constitution, statute, regulation or treaty Diversity of citizenship: Residents of different states, and Amount in controversy over $75K
Subject Matter Jurisdiction State courts: Matter of state law Disputes btwn. State residents Property located in the state Activity in the state Tort Contract Doing business in state
Personal Jurisdiction: Bases Residence Presence Consent Sufficient contact with the state: Own property in state Doing business in state Tort committed in state “Quasi-in-rem” -- use property to force personal appearance