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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Does the concept of "court of competent jurisdiction" include

Resolved Question:

Does the concept of "court of competent jurisdiction" include the concept that the court needs to have some experience in the type of lawsuit being heard? In other words, does a court that is set to hear a business lawsuit need to have some competence in business law?
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Generally speaking a court does not have to be versed in the subject matter of the litigation. Competency of jurisdiction or subject matter jurisdiction does not depend on the knowledge of the judge and/or jurors of a particular matter

BizIPEsq. :

Some jurisdictions have special parts that are dedicated to certain specialties such as family law or business litigation. Or for example bankruptcies that are handled in bankruptcy court.

BizIPEsq. :

If one has a complex business matter and one is concerende that the judge or part that was assigned to the case would not be adequate one can raise the issue with the administrative judge. However that would typically require the agreement of all parties tot he litigation as well that of the court.

BizIPEsq. :

In conclusion, competent jurisdiction does not mean competent as knowledge rather competent as in the court being permitted to handle a certain matter. For example patent litigation has to be done in Federal court. A state court would not have subject matter jurisdiction over the patents and therefore would be considered a court of competent jurisdiction.

BizIPEsq. :

However as noted some sub specialties do exist and under certain circumstance you can be assigned to those specialty parts.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

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Customer:

I was involved in a complex business litigation. Only at the end of the litigation did we learn that the Judge knew nothing of how corporations work, or anything about corporate law. He admitted that he was relying on the experience and expertise of the plaintiffs' attorney. That explains why the Judge was so biased against me, but I am wondering if it is too late to ask for a re-trial. The Judge did not make his ignorance known until the very end, so how would we know that we should have asked for a "business-oriented judge" at the beginning? This Judge does not understand that the majority shareholder runs the company. He said it wasn't fair for the majority shareholder to run the company. He put the minority shareholders in charge of the company, and they essentially destroyed the company. What can I do now? BTW, this was a derivative action lawsuit filed by the minority shareholders on behalf of the corporation.

BizIPEsq. :

Unfortunately, for the most part, this is our judicial system. If you had chosen trial by jury, then you would have gotten ordinary people deciding complex business issues (some of whom might not even known what a corporation is). The judge also correctly noted that he relied on the attorneys to explain the complex issues. That too is part of our justice system. For the most part judges do not (and in some cases cannot) question witnesses independently to clarify issues. They rely on the attorneys to flesh out issues.

BizIPEsq. :

If you believe this is gross judicial misconducts and that you were prejudiced by the judge's lack of knowledge you could appeal and claims that the judge ought to have recused him/her self. You would need to file notice with the appellate court be within the period allotted or else you lose the opportunity. So I urge you to inquire about without delay.

BizIPEsq. :

Thank you for your continued patronage

BizIPEsq. :

Please rate my service. I hope you are able to vindicate your position!

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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