The Court System Jurisdiction Venue Jack Friery UCSD

Review - Sources of Law Federal and State constitutions – establish the federal and

Why are the Courts Important? The laws would be meaningless without courts to enforce,

Fifty-two Court Systems Each of the fifty states has its own court system The

Federal System not superior The federal courts are not superior to the state courts;

Jurisdiction In Latin, juris, means “law” and dicere means to “speak” Thus, the term

Types of Jurisdiction A court must have jurisdiction to hear and decide a case

Jurisdiction Over Subject Matter Limitation on the types of cases the court can hear

General Jurisdiction Courts that can hear a variety of cases including: Civil cases Criminal

Limited Jurisdiction Courts whose jurisdiction is limited to certain types of cases Examples Probate

Subject-Matter Jurisdiction The authority of the court is set by statute or constitution creating

Jurisdiction Over Persons Courts can exercise personal jurisdiction over residents of a certain geographical

Minimum Contacts Example: If an individual from State A causes a car crash in

Jurisdiction Over Property Courts can exercise jurisdiction over property located within their boundaries Jack

Original vs. Appellate The distinction between these types of jurisdiction depends on whether the

Federal Jurisdiction Article III, Section 2 of the U. S. Constitution, which establishes the

Federal Questions Whenever a case is based, at least in part, on the U.

Diversity Federal District courts can also exercise original jurisdiction over cases involving diversity of

Exclusive vs. Concurrent jurisdiction exists when two different courts have power to hear the

Venue is the geographical location in which an action is tried and from which

Venue (con’t) In civil cases, venue is generally proper in the county or district

Standing to Sue Standing to sue is the requirement that an individual must have

In some cases, a person will have standing to sue on behalf of

Judicial Controversy Real and substantial controversy, as opposed to hypothetical or academic The child’s

Judicial Process Litigation follows specific procedural rules When the document must be filed Time

State Court System Each state has its own system of courts, and no two

Trial Courts A trial court is presided over by a judge, who issues a

Trial Courts – con’t During trial, the attorneys introduce evidence in support of their

Trial Courts – con’t State courts have either general or limited jurisdiction. General –

Courts of Appeal Appellate courts review the decisions of lower courts Every state has

Courts of Appeal – con’t Intermediate appellate courts – these courts hear appeals –

Courts of Appeal – con’t Appellate courts focus on questions of law and procedure,

Highest Appellate Court Usually called the supreme court The decisions of each state’s highest

The Federal Court System Three-tiered model U. S. district courts (trial courts) and other

U. S. District Court The district court is a federal trial court of general

U. S. Court of Appeals Organized into thirteen circuits Twelve hear appeals from the

U. S. Court of Appeals – con’t A party that is unhappy with a

United States Supreme Court Composition – nine justices – nominated by President and confirmed

Writ of Certiorari There in no absolute right to appeal to U. S. Supreme

U. S. Supreme Cases Thousands of cases filed each year Usually hears fewer than

Citation This indicates in which reporter the case can be found Gives the volume

Decisions and Opinions The opinion is the court’s statement of its reasons for its

ADR Exercise (In-class) Joe is selling his product to Sally, a wholesaler. Joe is

Slides: 44

Download presentation

Review - Sources of Law Federal and State constitutions – establish the federal and state governments and enumerate their powers International law—treaties & customs Federal and State statutes – enacted by the U. S. Congress and state legislatures Administrative law – Agencies are created by the legislature and executive branches of government Case decisions and principles forming common law – Court-decided controversies 2 Jack Friery © 2011

Jurisdiction In Latin, juris, means “law” and dicere means to “speak” Thus, the term means "the power to speak the law” In order to hear a case, a court must have jurisdiction over the person or the property, as well as subject matter, involved in the dispute 6 Jack Friery © 2011

Types of Jurisdiction A court must have jurisdiction to hear and decide a case There are two primary types of jurisdiction: Subject-matter In personam (personal), or In rem (property) 7 Jack Friery © 2011

Subject-Matter Jurisdiction The authority of the court is set by statute or constitution creating the court and is limited by: The subject matter of the lawsuit The amount of money in controversy Whether the case is a felony or misdemeanor Whether the proceeding is a trial or appeal 11 Jack Friery © 2011

Jurisdiction Over Persons Courts can exercise personal jurisdiction over residents of a certain geographical area Long-arm statutes – allow state courts to exercise personal jurisdiction over nonresident defendants, such as individuals or corporations in other states Nonresidents must have “minimum contacts” with the state before the court can exercise jurisdiction 12 Jack Friery © 2011

Minimum Contacts Example: If an individual from State A causes a car crash in State B, the “minimum contacts” requirement would be met The court in State B could exercise jurisdiction over the individual from State A 13 Jack Friery © 2011

Original vs. Appellate The distinction between these types of jurisdiction depends on whether the case is being heard for the first time Original jurisdiction – the power to hear a case for the first time – usually given to trial courts Appellate jurisdiction – the power to review decisions of lower courts – usually given to appellate courts 15 Jack Friery © 2011

Federal Jurisdiction Article III, Section 2 of the U. S. Constitution, which establishes the authority of the federal courts, states as follows: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Bases for federal jurisdiction: Federal Question or statute Diversity of Citizenship 16 Jack Friery © 2011

Federal Questions Whenever a case is based, at least in part, on the U. S. Constitution, a treaty, or a federal law, then a federal question arises, and the case comes under the judicial power of the federal courts. A lawsuit may be brought in federal court. 17 Jack Friery © 2011

Diversity Federal District courts can also exercise original jurisdiction over cases involving diversity of citizenship, which arises when a lawsuit involves citizens of different states, or a foreign country Amount in controversy must exceed $75, 000 18 Jack Friery © 2011

Exclusive vs. Concurrent jurisdiction exists when two different courts have power to hear the same case Exclusive jurisdiction exists when a case can be heard only in a certain court 19 Jack Friery © 2011

Venue is the geographical location in which an action is tried and from which the jury is selected In a criminal case, the proper venue is generally the judicial district or county where the crime was committed. 20 Jack Friery © 2011

Venue (con’t) In civil cases, venue is generally proper in the county or district where important events related to the case took place, such as the signing or performance of a contract or the accident or other incident that led to a personal injury case. Typically, the plaintiff in a civil case may also sue in the district or county where the defendant lives or does business. 21 Jack Friery © 2011

Standing to Sue Standing to sue is the requirement that an individual must have sufficient stake in a controversy before he or she can bring a lawsuit The party must have a legally protected and tangible interest at stake in the litigation, such having suffered a harm or having been threatened with harm 22 Jack Friery © 2011

In some cases, a person will have standing to sue on behalf of another person – Parent on behalf of child Example – a parent has standing to sue on behalf of her child if the child has been injured by a defective toy 23 Jack Friery © 2011

Judicial Controversy Real and substantial controversy, as opposed to hypothetical or academic The child’s parents could only sue if the child had actually been injured by the toy – They could not sue merely on the ground that the toy was defective 24 Jack Friery © 2011

Judicial Process Litigation follows specific procedural rules When the document must be filed Time requirements for responding to documents Federal Rules of Civil Procedure California Code of Civil Procedure 25 Jack Friery © 2011

Trial Courts A trial court is presided over by a judge, who issues a decision on the matter before the court. If it is a jury trial, the jury will decide the facts and the judge will issue a judgment based on the jury’s conclusion 27 Jack Friery © 2011

Trial Courts – con’t During trial, the attorneys introduce evidence in support of their client’s positions Each attorney has an opportunity to cross-examine witnesses of the opposing party and to rebut their evidence 28 Jack Friery © 2011

Courts of Appeal Appellate courts review the decisions of lower courts Every state has at least one court of appeals, which may be an intermediate appellate court or a state’s highest court 30 Jack Friery © 2011

Courts of Appeal – con’t Intermediate appellate courts – these courts hear appeals – not retry cases An appellate court panel of three or more judges reviews the record of the case on appeal, including a trial transcript, to determine if there is an error of law 31 Jack Friery © 2011

Courts of Appeal – con’t Appellate courts focus on questions of law and procedure, deferring to the trial court’s findings of fact Only look at findings of fact when it is contrary to the evidence presented or there is no evidence to support the finding 32 Jack Friery © 2011

Highest Appellate Court Usually called the supreme court The decisions of each state’s highest courts are final Only when issues of federal law are involved can a decision made by a state’s highest court be overruled by the United States Supreme Court 33 Jack Friery © 2011

The Federal Court System Three-tiered model U. S. district courts (trial courts) and other courts of limited jurisdiction U. S. courts of appeals (intermediate appellate courts) United States Supreme Court 34 Jack Friery © 2011

U. S. District Court The district court is a federal trial court of general jurisdiction At least one district court in every state Currently 94 district courts (some states have several districts) 35 Jack Friery © 2011

U. S. Court of Appeals Organized into thirteen circuits Twelve hear appeals from the federal district courts located in their geographic circuits The thirteenth, called the Federal Circuit, has jurisdiction over certain types of federal cases, such as patent cases 36 Jack Friery © 2011

U. S. Court of Appeals – con’t A party that is unhappy with a federal district court’s decision may appeal the decision to a federal court of appeals, where a panel of three or more judges will review the decision made by the trial court for errors of law The decisions are final, but appeal to the United States Court is possible 37 Jack Friery © 2011

United States Supreme Court Composition – nine justices – nominated by President and confirmed by the Senate Original jurisdiction in cases affecting ambassadors, ministers and consuls, and cases in which a state is a party All other cases serves as an appellate court 38 Jack Friery © 2011

Writ of Certiorari There in no absolute right to appeal to U. S. Supreme Court File “petition for certiorari” If petition granted, issues a writ Rule of four – at least 4 justices must grant the writ 39 Jack Friery © 2011

U. S. Supreme Cases Thousands of cases filed each year Usually hears fewer than 100 each year The U. S. Supreme Court will hear important constitutional issues or issues on which the lower courts are divided 40 Jack Friery © 2011

Citation This indicates in which reporter the case can be found Gives the volume number and page number “ 384 U. S. 436” can be found in volume 384 of the U. S. Reports on page 436. Citation Source: “The Bluebook” 41 Jack Friery © 2011

ADR Exercise (In-class) Joe is selling his product to Sally, a wholesaler. Joe is in San Diego, Sally in Minneapolis. Sales will be into Europe. They want an ADR clause in their sales contract. Advise them— What type of ADR? Where held? What law applies? What language? What discovery rules? 44 Jack Friery © 2011