Proposal

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Chapter Two

The Court Systems

Federal Judges

Serve during g ood behavior

May be removed if Congress impeaches them for treason, bribery, or other high crimes and misdemeanors (vague definition)

House of Representatives

State Judges

Chosen by a variety of methods

Generally serve for a fixed term

Judicial Immunity

Absolute, even when the judge acts maliciously

Organization of the Court Systems

Original Jurisdiction

Appellate Jurisdiction

Davis v. West

Issue: HRS sued Davis for an unpaid bill and received a default judgment. Radoff was appointed as the receiver and sent a letter to the defendant’s bank demanding payment, which was received. Davis sued Radoff for abuse of
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The court is in the state where the business has its headquarters or main plant; 3. The court is in a state in which the business is doing business (requires “minimum” contacts)

Blimka v. My Web Wholesalers, LLC

Issue: Blimka in Idaho ordered jeans from a company in Maine. When the requested quantity (quality) did not arrive, Blimka sued. Defendant was properly served in Maine but did not respond. The court issued a default judgment. Defendant claims the court lacked personal jdx.

Rule: An allegation of fraud is sufficient to invoke the state’s long-arm statute.

Application: Defendants purposefully directed their allegedly false representations into Idaho. Therefore, the exercise of personal jdx is presumed not to offend traditional notions of fair play and substantial justice.

Conclusion: The district court’s decision to deny the defendant’s motion for relief from judgment was not an abuse of discretion.

Jurisdiction over Property

In rem jurisdiction

Gives a court jdx over real estate, personal property and intangible property such as bank accounts and stocks located within a state.

Relations between the Court Systems

Exclusive Jurisdiction

Concurrent Jurisdiction

Where there is diversity of citizenship and the amount in controversy exceeds $75,000

The dispute involves a federal question and Congress has not conferred exclusive jurisdiction on the federal courts

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