3. In what court was the Capron suit commenced? Under the First Judiciary Act of 1789, Congress...

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3. In what court was the Capron suit commenced? Under the First Judiciary Act of 1789, Congress established two levels of courts below the Supreme Court: the district courts and the circuit courts. The circuit courts exercised both original and appellate jurisdiction, and had original jurisdiction over diversity cases when the amount in controversy exceeded $500.

4. The Supreme Court reversed the judgment of the lower court. What was the effect of this reversal? Does it mean that Capron won the lawsuit? If not, why had he sought review in the appellate court?

1. Did the appellate court in this case decide that West Virginia courts did not have jurisdiction over the person of defendant (assuming his story were true), or that those courts should not exercise jurisdiction in these circumstances even though they had it?
2. When should a court be able to demand that a person appear before it and defend an action? In what circumstances should this demand be permitted against a nonresident? Why should a nonresident be subject to suit if he is served with process within the state? Insofar as these reasons are concerned, should it make any difference why he is present in the state?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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