person complaining or filing the lawsuit
person or corporation being sued
I want to stop you from doing what you are doing. Calling for action or inaction.
"i am injured, etc. pay me this money for my injury."
Burden of proof
Who has the burden of proving the case?
Who you usually has the burden of proof?
outside your jurisdiction
outside of your boundaries or authority
invested with the power to resolve those disputes within an ambit of a courts authority.
two entities invested with real power to adjudicate civil disputes:
has the power to adjudicate cases just like the courts do.
subject matter and personal jurisdiction
when does the court have jurisdiction?
Justice of the Peace
have subject matter jurisdiction over any civil cases up to $10,000/more informal/dont have to have a lawyer
Civil district courts
hears felony criminal cases
hears family law cases
hears cases dealing with wills, trusts, etc...
Court of Appeals
hears all cases from all the district courts
Texas Court of Criminal Appeals
Subject Matter Jurisdiction is all criminal appeals
Texas supreme court
Subject matter jurisdiction is all non-criminal appeals
diversity of citizenship in court
under some federal statutes, the federal courts are given the exclusive right to hear the case.
other federal statutes permit a case to be heard in either a federal court or a state court.
the federal court has jurisdiction because of the fact that the parties live in two different states, or a party in one U.S. state and a foreign party.
Right of removal
must have complete diversity and amount in controversy greater than $75,000
due process clause
guarantees not only a right to be heard but a right to be heard in a proceeding that is fair and equitable
define under what circumstances a nonresident can be subjected to the jurisdiction of that states courts. These must be interpreted in the light of the due process clause.