Few civ pro questions/general questions...

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SKlei
Posts: 53
Joined: Mon Dec 05, 2011 1:01 pm

Few civ pro questions/general questions...

Postby SKlei » Mon Dec 05, 2011 1:06 pm

1. In what courts do juries sit in? just trial courts and federal district courts?

2. In SMJ, lets say plaintiff from NY (Eastern Dis) is suing Plaintiff from NY ( Southern) on federal question, can they bring in federal court or only state court? And if it Plaintiff was from NY and Defendant from NJ, and filed suit in NY, could they only bring in state court or could they in federal court? I'm a little confused where plaintiff can bring suit if they're doing it in their home state.

3. Long Arm statutes are only applicable to state courts, correct?

zomginternets
Posts: 547
Joined: Mon Jan 17, 2011 1:59 pm

Re: Few civ pro questions/general questions...

Postby zomginternets » Mon Dec 05, 2011 1:19 pm

1. Not aware of any other courts that use juries. Btw, fed. district courts are trial courts.

2. State courts are of general (subject matter) jurisdiction--they can hear any type of case unless something specifically forbids them from doing so. Federal courts are of limited (subject matter) jurisdiction--they can only hear types of cases that they are specifically given power to hear. If there is federal question, you can sue in either state or federal court (unless it's bankruptcy or something). If there is diversity jurisdiction, you can also sue in either state or federal court. You sound like you are confusing personal jurisdiction and subject matter jurisdiction.

4. Yes.

jjlaw
Posts: 299
Joined: Thu Dec 31, 2009 1:43 pm

Re: Few civ pro questions/general questions...

Postby jjlaw » Mon Dec 05, 2011 3:41 pm

Long-arm statutes apply to federal courts too. Rule 4(k)(1)(A) directs federal court judges to look at long-arm statutes to determine when and to what extent a particular state has PJ over a nonresident. (See Gray v. American Radiator)

zomginternets
Posts: 547
Joined: Mon Jan 17, 2011 1:59 pm

Re: Few civ pro questions/general questions...

Postby zomginternets » Mon Dec 05, 2011 4:08 pm

jjlaw wrote:Long-arm statutes apply to federal courts too. Rule 4(k)(1)(A) directs federal court judges to look at long-arm statutes to determine when and to what extent a particular state has PJ over a nonresident. (See Gray v. American Radiator)


Whoops.. I stand corrected.




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