Chapter 2 Courts and Jurisdiction 25 1 Court

Chapter 2 Courts and Jurisdiction 25 -1

Court Systems in U. S. § Federal court system § State court systems Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -2

State Court Systems § Limited-jurisdiction trial courts § Hear matters of specialized or limited nature § Decision can be appealed to a general jurisdiction court or an appellate court § Small claims courts hear civil cases involving small dollar amounts Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -3

State Court Systems § General-jurisdiction trial courts § Hear cases that are not within the jurisdiction of limited-jurisdiction trial courts § Record and store testimony and evidence § Decisions are appealable to an intermediate appellate court or the state supreme court Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -4

State Court Systems § Intermediate Appellate Courts § Hear appeals from trial courts § Review trial court record to determine if there have been any errors at trial that would require reversal or modification § No new testimony or evidence permitted Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -5

State Court Systems § Highest State Court § Called “supreme court” in most states § Hears appeals from intermediate state courts and certain trial courts § No new testimony or evidence permitted § Decisions of state supreme courts are final, unless a question of law is involved Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -6

Federal Court System § Special Federal Courts § Limited jurisdiction § Tax Court § Court of Federal Claims § Court of International Trade § Bankruptcy Court § Court of Appeals for the Armed Forces § Court of Appeals for Veterans Claims Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -7

Federal Court System § U. S. District Courts § Trial courts of general jurisdiction § Impanel juries § Receive evidence § Hear testimony § Decide cases § At least one district court in each state § Judges have lifetime appointments Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -8

Federal Court System § U. S. Courts of Appeals § Intermediate appellate courts § Hear appeals from the district courts located in their circuit § 13 Circuits § Lifetime appointments § 3 -judge panel Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -9

Federal Court System § U. S. Courts of Appeals § Review the record of lower courts or administrative agency proceedings § Determine if there has been any error of law that would warrant reversal or modification of the lower court decision § No new evidence or testimony is heard § Petitioner can request an en banc review Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -10

Supreme Court of the United States § Located in Washington, DC § Hears appeals from: § Federal Circuit Courts of Appeals § Federal District Courts § Special federal courts § Highest state courts § No new evidence or testimony heard Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -11

Supreme Court of the United States § The Supreme Court is an appellate court § Lower court record is reviewed to determine whethere has been an error that warrants a reversal or modification of the decision § The Supreme Court’s decision is final Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -12

Supreme Court of the United States § Decisions of the U. S. Supreme Court § Unanimous § Majority § Plurality § Tie § Petition for certiorari: A petition asking the Supreme Court to hear a case Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -13

Supreme Court of the United States § Writ of certiorari: An official notice that the Supreme Court will review a case § A justice who agrees with a case’s outcome but differs in reason for decision issues a concurring opinion § A justice who does not agree with a decision can file a dissenting opinion Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -14

Jurisdiction of Federal Courts § Federal question cases § Arise from: § U. S. Constitution § Treaties § Federal statutes and regulations § No dollar-amount limit on cases § Diversity of citizenship § Citizens of different states § At least $75, 000 in controversy Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -15

Jurisdiction of Federal Courts § Federal courts have exclusive jurisdiction to hear cases involving: § Federal crimes § Antitrust § Bankruptcy § Patent and copyright issues § Suits against the United States § These courts also hear most admiralty cases Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -16

Case 2. 1: U. S. Supreme Court Diversity of Citizenship § Case § Hertz Corporation v. Friend § 130 S. Ct. 43, 174 L. Ed. 2 d 627, Web 2009 U. S. Lexis 5114 (2009) § Supreme Court of the United States § Issue § Is Hertz Corporation a citizen of California? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -17

Jurisdiction of State Courts § Hear cases that federal courts do not have jurisdiction to hear § Concurrent jurisdiction with federal courts to hear cases involving: § Diversity of citizenship § Federal questions over which federal courts do not have exclusive jurisdiction § The defendant decides which court hears a concurrent jurisdiction case Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -18

Standing to Sue, Jurisdiction, and Venue § Standing to Sue: Plaintiff must have a stake in the outcome of case § In Personam Jurisdiction: A court’s jurisdiction over a person § A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over himself or herself Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -19

Standing to Sue, Jurisdiction, and Venue § In Personam jurisdiction § Personal jurisdiction exists over a defendant who is within the boundaries of the state § A corporation is subject to personal jurisdiction in the state where it is incorporated, has principal office, or does business Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -20

Standing to Sue, Jurisdiction, and Venue § Long-arm statute § Allows state courts to obtain personal jurisdiction over persons or businesses located in another state or country § Allows summons to be served in other states § Defendant must have some minimum contact with the state Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -21

Standing to Sue, Jurisdiction, and Venue § Long-arm jurisdiction § Exercised over non-residents who have: § Committed torts within the state § Entered into a contract either in the state or that affects the state § Transacted other business in the state that allegedly caused injury to another person Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -22

Standing to Sue, Jurisdiction, and Venue § In rem jurisdiction: Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit § Quasi in rem jurisdiction: Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -23

Standing to Sue, Jurisdiction, and Venue § Lawsuits must be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside § Change of venue - to avoid pretrial publicity § Forum-Selection and Choice-of-Law Clauses § Parties’ contract specifies which court will hear a legal dispute Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -24

Case 2. 2: Jurisdiction over an Internet Seller § Case § Chanel, Inc. v. Banks § Web 2010 U. S. Dist. Lexis 135374 (2010) § United States District Court for Maryland § Issue Does the court have personal jurisdiction over the defendant? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -25

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2 -26