Marbury v. Madison Case
Marbury v. Madison established the judicial review. They gave to the Supreme Court the right to decide whether the laws are constitutional or not. Usually a court can exercise personal jurisdiction over the person that is located on certain area. A court can acquire in personam jurisdiction in the following cases:if the person is physically present or is the resident of the area covered by the court jurisdiction (region, county, state);if a defendant is nonresident of the state but conducts his business within that state (i.e. long-arm statute). The defendant must have “minimum contacts” to the area where the court is situated.The name of the New York court of last resort is the Court of Appeals.
There are two situations that can be heard by the federal court if it has subject matter jurisdiction:federal question that arises when the basis of the claim touches the US Constitution, treaty or federal legislation. In this case the court will use the federal legislation.diversity of citizenship arises when the parties are the residents of the different states and when the amount of claim is more than $75,000. In this case the state law will be applied. The sliding-scale jurisdiction standard helps to understand whether the jurisdiction is properly applied to out-of-state defendant. It provides that jurisdiction is correct when it is applied to the business that is executed through internet; is not correct when it is applied to passive distribution of information or advertising; and is disputable if applied to intermediate Web site performance.
Venue is the area where a court has the authority to hear the case. Sometimes a pretrial publicity states or some other factors show that the defendant cannot receive fair court without the damage to his rights in this venue. In this case the change of venue can be applied. In the example 2.6. the plaintiff would not have standing, because he did not have any evidences that proved he had been harmed by the manufacturer’s actions. Justiciable controversy requires that the dispute is real and substantial. Controversy is not justiciable if it is based only on personal feelings, some hypothetical ideas. In other words, to have standing a person must receive real damage to his or her health, property or rights. The United States court system consists of three types of courts: general and limited jurisdiction trial courts; appellate courts; the United States Supreme Court. The US Supreme Court works mostly as appeals court. In order to inspect the documents on the matter the Supreme Court will issues the requirement to lower courts asking to send the record of the case. This requirement is called a writ of certiorari.Voir dire- is the process of choosing the jurors.
The main questions to be answered are the impartiality of juror and the absence of any relations with the defendant and plaintiff.Motion to dismiss is the request of any party …
