Blaw Review

Exam I review

1. The process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch. This system acts as a check and balance on the other two branches of government. This is not stated in our constitution. The Supreme Court granted this power of judicial review in 1803 in the case of Marbury v Madison.

2. The power to speak the law. Before a court can hear a case it must have jurisdiction over the person (company) in the suit, and must also have jurisdiction over the subject matter of the dispute. The court will have the ability to hear and decide a specific action.

3. Personal Jurisdiction: this is jurisdiction over a person (company) that resides in a specific geographic area.

In Rem Jurisdiction: court can exercise jurisdiction over property located in its boundaries.

Subject Matter Jurisdiction: courts have limitations on the types of cases a court can hear. There are 2 types of jurisdiction general, and limited. General is state trial court or federal district court. Limited state court example would be probate court. (Which is the transfer of ones assets and obligations after a person’s death) limited subject matter jurisdiction would be bankruptcy.

4.

5.In order for a court to exercise a long arm statute, the court must demonstrate minimum contacts. The defendant must have enough of a connection with the state for the judge to conclude that it is fair for the state to exercise jurisdiction over the defendant. In corporations a court can exercise jurisdiction over a corporation (person) in which it sells, advertises, or places its goods in stream of that state. For a court to bring a person to court over the internet conditions must be met. First, substantial business conducted of the internet. Second, some interactivity throughout a website must take place. Last, there must be passive advertising.

6. Typically this is where the parties reside, where the crime took place. A venue is the most...