(TCO 4) State court jurisdiction can be established in all of the following ways EXCEPT:
a)when the defendant is a resident of the state, a summons may be served at that residence.
b)cases involving more than $75,000 where the plaintiff and the defendant are citizens of different state
c)when the defendant is not a resident, a summons may be personally served should he or she be physically present in the state.
d)most states have legislated "long-arm" statutes that allow a federal court to secure jurisdiction against an out-of-state party where the defendant has committed a tort in the state.
is the answer b?
To determine the correct answer, we need to understand the concept of state court jurisdiction. State court jurisdiction determines whether a particular court has the authority to hear a case. The question asks for an option that does NOT establish state court jurisdiction.
Option a) states that if the defendant is a resident of the state, a summons may be served at that residence. This establishes state court jurisdiction since the court can hear a case against a resident of that state.
Option b) states that cases involving more than $75,000, where the plaintiff and defendant are citizens of different states, establish state court jurisdiction. This is known as diversity jurisdiction and allows the case to be heard in federal court, not state court. Therefore, option b) does NOT establish state court jurisdiction.
Option c) says that if the defendant is not a resident, a summons may be personally served if the defendant is physically present in the state. This establishes state court jurisdiction, as the court can hear the case against a non-resident who is physically present in that state.
Option d) mentions that most states have "long-arm" statutes that allow a court to secure jurisdiction against an out-of-state party where the defendant has committed a tort in the state. This establishes state court jurisdiction as the court can hear a case involving a tort committed by an out-of-state party in that state.
Based on the explanations provided, the correct answer is b) cases involving more than $75,000 where the plaintiff and the defendant are citizen of different states.