
正义与现实:像律师一样思考
Hello, I’m Zhan Qingyun.
If federal litigation is so demanding and requires researching so many issues, why insist on federal court?
Americans view federal and state courts quite differently.
Federal courts appear more elite. More importantly, the systems use different law and procedure, and select judges differently.
Many state judges are gubernatorially appointed or locally elected.
However impartial they intend to be, elected judges may feel rational or emotional affinity with the residents who selected them.
An outsider may trust a federal court more.
Counsel also asks whether small procedural differences between systems favor the client; tiny differences can redirect a case.
Previously we emphasized federal courts’ self-limitation to particular categories.
Suppose research shows the federal court can hear the type of case.
You must still ask whether it can bind this defendant—or whether this federal, state, and local court can reach them.
Every Court Has Limited Jurisdiction
Jurisdiction is limited not only by subject matter but by person.
Imagine I live in sunny Florida but vacation in chaotic New York, where a reckless car strikes me.
Before drafting allegations or calculating damages, where should I sue?
The accident occurred in New York, so New York is an obvious option.
If the driver is a New Yorker, the dispute is between citizens of different states. Both New York state court and a federal court there may have subject-matter jurisdiction, and the event occurred locally.
But the driver is a poor traveling student. Even a victory may yield little compensation.
That is a practical consideration.
Investigation shows the student rented the car in California and drove east.
I may sue not only the driver but the rental company.
Counsel discovers the California company negligently rerents returned cars without inspecting components.
A rental company has money, making it a better target.
But can New York process validly reach a California business?
Physical delivery is possible.
The company can nevertheless contest personal jurisdiction: it operates only in California, has no offices elsewhere, and no employee or manager has visited New York. It did not drive the vehicle there and never expected it to travel so far.
Requiring it to cross the country to defend one California rental in New York may be unreasonable.
A court might agree.
2019.07.30
Audio in Chinese
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