Copyright © Jeffrey Pittman Jurisdiction

Pittman - Cyberlaw & E-Commerce 2 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-Commerce 3 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-Commerce 4 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-Commerce 5 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 state For 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-Commerce 6 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-Commerce 7 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, and The cause of action arises out of the contacts, and Jurisdiction will not offend traditional notions of fair play and substantial justice

Bases for Court Jurisdiction Pittman - Cyberlaw & E-Commerce 8 See Exhibit 2.5, page 56 in the textbook

Minimum Contacts Pittman - Cyberlaw & E-Commerce 9 Specific jurisdiction – Purposeful Availment Did 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-Commerce 10 For purposeful availment and the Internet, see Exhibit 2.6, page 58 in the textbook

Subject Matter Jurisdiction Pittman - Cyberlaw & E-Commerce 11 State Trial Courts Empowered to hear all disputes except exclusive federal questions Federal Trial Courts (District Courts) Empowered to hear only: Federal question lawsuits, or Diversity of citizenship lawsuits

Federal Court System Pittman - Cyberlaw & E-Commerce 12 Supreme Court of the United States United States Court of Appeals (12 regional circuits) District Courts (96 Districts) Bankruptcy CourtTax Court United States Court of Appeals Federal Circuit Appeals from highest state courts

The Appellate Process Pittman - Cyberlaw & E-Commerce 13 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