litigation is an expensive, adversarial, long process court of original jurisdiction - where you go first

settling a case is letting a case go; usually with a settlement agreement (money)

  • negotiation
  • mediation - the mediator sits with both parties in hopes of getting an agreement
  • arbitration - there's an arbiter - i.e. judge judy - sits and listens to both parties
    • binding arbitration and non binding

95% of cases are settled before they go to trial

out of court statement - hearsay

party statement - objection of a out of court statement

concurrent vs exclusive - can go to court on a state and federal level vs cannot go to court on a state and federal level

if you have a state and federal claim you can bring both to one court or the other

following precedent

writ of certiorari - "A writ of certiorari is a legal document that asks a higher court to review a lower court's decision"

subject matter jurisdiction - "Subject matter jurisdiction is the legal authority of a court to hear a specific type of case. It's one of two types of jurisdiction, the other being personal jurisdiction"

paralegals can be mediators - professional mediation

  • courts have jurisdiction over person/business residing in the geographic area of te court
  • lim. jurisdiction exists when a court is limited to a specific subject matter
  • court of appeals; reviewing courts have appellate jurisdiction

51 jurisdiction + 1 military justice

you only have one domicile (MA)

PJ personal jurisdiction - SMJ subject matter jursidiction - V venue

  • you can waive personal jurisdiction

federal question violation of a federal law

what claim qualifies for federal court?

  • a question involving the constitution
  • plaintiff and defendant are from different states ; damages are over $75,000
jan 28 2025 ∞
feb 13 2025 +