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People also ask
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What factors determine which federal court has jurisdiction over a case?
The Constitution gives Congress the power to create federal courts other than the Supreme Court and to determine their jurisdiction. It is Congress, not the judiciary, that controls the type of cases that may be addressed in the federal courts.
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When deciding which court has jurisdiction what factors are taken into consideration?
Explanation: When deciding which court has jurisdiction, two factors that are taken into consideration are the parties involved and the subject matter. The parties involved include the individuals or entities who are bringing the case to court and those being sued.
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What are the factors for specific jurisdiction?
A court “may exercise specific jurisdiction over a nonresident defendant only if: (1) 'the defendant has purposefully availed himself or herself of forum benefits' [citation]; (2) 'the “controversy is related to or 'arises out of' [the] defendant's contacts with the forum” ' [citations]; and (3) ' “the assertion of ...
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What does motion mean for court?
What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
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What is it called when a party asks for the decision of the court case to be reviewed by a higher court?
appeal: When someone that loses at least part of a case asks a higher court (called an "appellate court") to review the decision and say if it was right. This is called "to appeal" or "to take an appeal." The person that appeals is called the "appellant." The other person is called the "appellee."
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What factors are considered when deciding which court gets which case?
A case must involve an issue of federal law or otherwise fall within the jurisdiction of federal courts. A case that involves only a matter of state law or parties within a state will likely stay within the state court system. There, the state's supreme court would be the court of last resort.
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What factors will the court consider in determining jurisdiction?
A jurisdictional question may be broken down into three components: Whether there is personal jurisdiction [aka whether the court may even hear the case involving the particular defendant(s)]. ... Whether there is jurisdiction over the subject matter. Whether there is jurisdiction to render the particular judgment sought.
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What is the difference between an order to show cause and a motion in NY?
An order to show cause is governed by CPLR 2214(d). Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served.
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