Law 1

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American National University *

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523

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Law

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Feb 20, 2024

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docx

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Uploaded by JudgeNightingale2436

.1. Identify the different types of jurisdictions and explain why each is important. Jurisdiction refers to the power a court has to hear and make decisions regarding a case. Jurisdiction is important because the lack of consideration of it can render a judgment void (Kubasek et al., 2016). The first type of jurisdiction is based on the role the court plays and the type of cases brought before the court. These are original and appellate jurisdictions. Original jurisdiction is the power to first hear and decide a case. These are courts where cases and heard and decided preliminarily. This court is crucial because it establishes the facts and issues of the case and uses the law to reach a judgment based on its findings. Appellate jurisdiction gives a court the right to review and redecide cases that were initially heard in a trial court. The appellate court is important because it reviews and verifies the previous hearing by the trial court ensuring that a fair decision was made. The second type of jurisdiction covers persons and property. In personam jurisdiction gives the court power over a person to give judgment on a case. In personam jurisdiction covers both plaintiff and defendants in a matter. The court gains in personam jurisdiction over a defendant by serving them a summon. In rem jurisdiction gives the court jurisdiction over property enabling the court to hear and decide matters relating to the property. Subject matter jurisdiction concerns the power of a court to hear and decide a particular type of case. It is critical because a judge that does not have jurisdiction over a particular type of case would render a judgment that becomes void. The three types of court systems in the subject matter jurisdiction are state, federal, and concurrent federal jurisdictions. The state court has power over all cases within the state whose laws are to be used that are not covered under federal

jurisdiction. Exclusive federal jurisdiction refers to cases that are only to be heard at federal courts. The federal court attends to predefined specialized cases. Concurrent Federal jurisdiction allows a person file a case in either a federal or state court depending on their preference, These cases are typically cases that pertain to federal questions or matters of a diversity of citizenship. Concurrent jurisdiction is advantageous because it allows a person to file with the federal court if he thinks an issue of bias might arise from the state courts. 3.5. What is the attorney-client privilege and what is the rationale for its existence? The attorney-client privilege establishes confidentiality by ensuring that communications between an attorney and a client provided in confidence are kept confidential (Legal Information Institute, 2022). This privilege is provided to ensure client transparency as it is important for an attorney to have the true picture of the situation in order to provide adequate representation and proper legal avice for the client (Kubasek et al., 2016). The attorney must obtain permission from the client before the information provided in confidence can be availed to another party

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