4) If a defendant does not want to go to state court and there is diversity, what should be done? The defendant must be “served”, that is, he must receive a notice informing him that he has been prosecuted. Service may be effected by physically presenting the defendant with a copy of the summons and complaint. But sometimes the defendant is hard to find (or deliberately avoids the marshal or another process server). The rules describe various ways to serve individuals and businesses. This includes using registered mail from the U.S. Postal Service or delivering someone already destined to receive a process delivery. A corporation or partnership, for example, is often required by law to appoint a “registered agent” to receive public announcements or to receive a subpoena and complaint. Arbitration and adversarial systems involve certain other characteristics of the courts. Judges must be impartial; Those who have a vested interest in a case must refuse to hear it. The judgment of a court is final after all remedies have been exhausted. This principle is called res judicata. The same case or controversy cannot be heard and closed in one court and reheard in another court.
The same parties may have different problems and disputes, but a final judgment of a court competent to hear the case or controversy settles the matter forever. (Latin for “the case is settled”), and this means that the same parties cannot hear the same dispute at another time in another court. Finally, a court must act according to formal public rules of procedure; A judge cannot make the rules while participating. We now turn to those rules. If a plaintiff sues five defendants and the court has personal jurisdiction over only one, the case can be heard, but the court cannot enter judgment against the other four. b) The Federal Court provides a more neutral forum with a judge appointed for life and a broader pool of potential jurors (from a broader geographic area). In this section, we examine how actions are brought and how the court knows that it has both substantive and personal jurisdiction over at least one of the named defendants. This is the heart of the opposite system, where those fighting can attack each other`s case through evidence and cross-examination.
Anyone in the United States who wants to take a case to court has the right to hire a lawyer. The lawyer works for his client, not for the court, and serves as a lawyer or supporter. The client`s objective is to convince the court of the correctness and legality of its position. The lawyer`s duty is to shape the evidence and reasoning – the line of reasoning over the evidence – in order to advance his client`s case and convince the court of its merits. The opposing party`s lawyer will of course do the same for his client. The judge (or, if there is one, the jury) must clarify the facts and make a decision from this crossfire of evidence and arguments. As a general rule, a choice of law clause is accompanied by a jurisdiction clause. In a jurisdiction clause, the contracting parties determine to which jurisdiction they will turn in the event of a dispute arising from the terms of the contract. For example, Harold (a Virginia resident) rents a car from the Alamo at Denver International Airport.
He does not look at the fine print of the contract. It also waives any conflict of laws and other insurance policies offered by Alamo at the time of rental. While returning from the Telluride Bluegrass Festival, he had an accident in Idaho Springs, Colorado. His rented Nissan Altima is badly damaged. Upon his return to Virginia, he wanted to reach an agreement with the Alamo, but his insurance company and the Alamo could not reach an agreement. However, he realizes that he has agreed to hear the dispute with the Alamos in a certain court in San Antonio, Texas. In the absence of fraud or bad faith, any U.S. court may uphold the choice of form clause and order Harold (or his insurance company) to bring legal action in San Antonio, Texas.
a) submit an application for revocation to the Federal Court. When a plaintiff brings a case before a state court, it is because state courts usually hear that type of case (i.e. there is subject matter jurisdiction). If the plaintiff`s main cause of action arises from the constitution, laws or judicial decisions of a particular State, the courts of that State have jurisdiction ratione materiae over the case. If the plaintiff`s primary cause of action is based on federal law (e.g., Title VII of the Civil Rights Act of 1964), the federal courts have subjecte materiae jurisdiction over the case.