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New York law allows a non-resident who does not transact business in New York to be sued if the non-resident has committed a tortious act within the state of New York. Since King's website was created by a person physically in Missouri, there was no tortious act in New York and the court held that there was no personal jurisdiction over King.
Volumes of the McKinney's annotated version of the CPLR. The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York [1] and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability. [2]
Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case. Consider these examples:
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
Courts of New York include: State courts of New York The 1842 courthouse of the New York Court of Appeals in Albany. New York Court of Appeals [1] New York Supreme Court, Appellate Division (4 departments) [2] New York Supreme Court (13 judicial districts) [3] New York County Court (57 courts, one for each county outside New York City) [4]
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York.It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.
The court has unlimited criminal jurisdiction and civil jurisdiction where the amount in controversy is no more than $25,000. [2] In many counties, this court primarily hears criminal cases, while the Supreme Court primarily hears civil cases, [3] and usually only felonies as lesser crimes are handled by local courts.
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.