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By Roy Girasa (auth.)
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Extra info for Corporate Governance and Finance Law
Constitution and laws pursuant thereto have placed exclusive jurisdiction in the federal courts for all matters relating to bankruptcy, federal tax, federal crimes, intellectual property cases (patent, copyright, and trademarks), antitrust, admiralty, and lawsuits against the United States. The federal courts have concurrent jurisdiction with the states when the issue arising concerns a federal question or where there is diversity of citizenship, that is, where the parties are residents of different states.
The court must view all facts and inference to be drawn therefrom in the light most favorable to the non-moving party. To defeat summary judgment, the non-moving party Overview of the Law of Finance ● 31 may not merely act on conclusory allegations contained in the complaint, but must respond with afﬁrmative evidence supporting its claims and establish the existence of a genuine issue of material fact. The non-moving party ‘must set forth speciﬁc facts showing that there is a genuine issue for trial’ ” Fed.
The plaintiff may then serve a reply denying the allegations of the defendant’s counterclaim. S. jurisprudence, unlike in most other countries, provides extensive pretrial disclosures that parties to the litigation may avail themselves. Once the initial pleadings have been exchanged, the parties ordinarily proceed to conduct pretrial discovery. S. procedural laws compel parties to disclose extensive details concerning the nature of the case, the witnesses that are expected to testify, and 30 ● Corporate Governance and Finance Law photographs and other matters that may be offered in evidence.
Corporate Governance and Finance Law by Roy Girasa (auth.)