CHAPTER 3Judicial Process

Goals Understand jurisdictional differences Understand the structure of the federal court

system Understand the structure of the state court

system Understand the terminology relating to the

judicial process

Court Systems Federal Court System

State Court System

Defining JURISDICTION

The AUTHORITY of a court to hear and decide cases.

set by law and is limited—territory or type

of case.

Original Jurisdiction Authority of the court to hear case when first

brought. State or federal courts

Appellate Jurisdiction Authority to review cases for errors in lawfor errors in law.

State or federal court

Subject Matter Jurisdiction

Authority is limited to the subjects or categories/topics of cases the court can hear.

Basis for deciding whether a federal court or state court system case.

Special (Limited) Jurisdiction

Authority to hear a case is limited in some way—i.e., authority to hear only probate cases, small claims cases. Bankruptcy courts (federal)

Personal Jurisdiction Court authority over the parties/person

involved in a suit. i.e., if you are conducting business in a state, the

court of that state has jurisdiction over you if you are involved in a suit.

A Court must have both personal jurisdiction and subject matter jurisdiction to hear a case.

FEDERAL COURT SYSTEM

Federal District Courts in WI Eastern District

Milwaukee and Green Bay Bankruptcy Court - Milwaukee

Western District Madison Bankruptcy Court - Madison

FEDERAL DISTRICT COURT OF APPEALS

SUPREME COURT Writ of Certiorari

Many petitions are filed with the Supreme Court for hearing; few are accepted.

IF accepted, the Supreme Court will issue a Writ of Certiorari An order to the lower court to deliver records for

review.

MAKING THE WAY TO THE SUPREME COURT

Generally 3 routes: Original Jurisdiction

RARE

Writ of Certiorari Through the Federal Appellate Court System

Writ of Certiorari Through the State Supreme Court Systems (State

Appellate Courts)

FEDERAL COURT SYSTEM

Authorized by Article III of the U.S. Constitution

Cases arising from/involving a federal question: U.S. Government U.S. Constitution Federal Laws and Treaties Controversies between states Controversies between the U.S. and foreign Gov’t Diversity cases

DIVERSITY 1. “The plaintiff and the defendant have

different, or diverse, state citizenships.” 2. Between citizens of a state or different states

and a foreign government as the plaintiff. 3. Between citizens of a state and a foreign

government as the plaintiff. 4. Must be over $75,000 to be filed in Federal

Court

Example…Marvin, a citizen of California, was the subject

of a book written and published by Squire, a citizen of Wisconsin. Marvin wished to sue Squire for defamation of character in Federal Court for $100,000.

Squire contends that Marvin cannot sue in Federal Court as there is not federal question.

Is Squire correct – Why or Why not?

Is Squire incorrect?Can Marvin Sue…?

Squire is incorrect! YES Marvin can sue The Federal Jurisdiction in this example is

based upon DIVERSITY Citizens of different states and over $75,000

McGuire, a citizen of South Dakota, was burned by a space heater he purchased from Taylor Industries, a corporation formed in Delaware and headquartered in Arkansas. McGuire wanted Taylor to pay his $2,000 doctor bill and reimburse him for the $500 he lost while not working. When Taylor refused to comply, McGuire decided to sue the company in federal district court. Explain whether McGuire can sue Taylor in this court.

Can McGuire Sue in Federal Court? NO! There is no federal question—and…. Diversity does not apply…

Even though they are from different states, the AMOUNT is not over $75,000

How do FEDERAL Judges obtain their seat on the bench?

Appointed by the President of the United States

Subject to approval of Congress Our system of checks and balances at work

State Court System

Circuit Courts A general jurisdiction court

Municipal Court A limited jurisdiction court

Court of Appeals State Supreme Court Wisconsin also has Tribal Courts

A limited jurisdiction court

Election of State Court Judges--Local Circuit Court Judges

Elected by county for 6 year term Municipal Court Judges

Elected by municipality to a 2 or 4 year term

Wisconsin Court of Appeals

District I Milwaukee Four Judge panel

District II Waukesha Four Judge panel

District III Wausau Three Judge panel

District IV Madison Five Judge panel

Judges elected by district for 6 year term

Wisconsin Supreme Court Madison Seven justices Elected to 10 year term

CIVIL PROCESS “Commencement of the Action” Complaint Filed Service of Process Pre-Answer Stage Answer Pretrial Stage

Motions, negotiations, try to settle the case Trial

OFF TO TRIAL WE GO! Jury Selection Opening Statement Plaintiff’s Case in Chief Defendant’s Case in Chief Rebuttal Closing Statements Jury Instructions Verdict and Judgment

CRIMINAL vs CIVIL weight of evidence for guilt

Criminal Conviction Beyond a “reasonable doubt”

Reasonable doubt=a fair doubt based upon reason and common sense, not an arbitrary or possible doubt.

Must be persuaded of guilt beyond the level of “apparently” or “probably”.

Civil Liability “Preponderance of the evidence”

“What party’s evidence is more convincing Deals with the credibility and value of the testimony

as a whole

Important Definitions Discovery

Means for providing a party access prior to trial to facts that are held by the other side.

Discovery Methods Depositions

Oral statements made out of court under oath by witnesses or parties. Proceeding is transcribed.

Interrogatories Written questions that must be answered in writing under oath by

the opposite party. Request for real evidence

Asking to produce documents, evidence. Usually a motion to compel discovery is filed.

Request for physical or mental exam Asking that a party undergo an exam ONLY when central to

case. Request for admission

Stipulating – securing an agreement that something is truthful, factual.

Example…Mrs. Schwartz was involved in an automobile accident

with Mr. Penn. Schwartz has filed suit against the Penn to recover her medical expenses and to seek damages. Schwartz claims that the accident caused her a debilitating back injury. When Penn’s lawyer begins to investigate the case, he finds that Schwartz has had a “bad back” for twenty years and believes that the back problem may not be due to the accident. Penn wants to know with some medical certainty when the problem occurred and whether or not the accident was the cause of her back problems. What type of discovery request can Penn seek?

Schwartz…. The lawyer for Penn wants to ask Schwartz

specific questions about what she was doing the day of the accident, whether or not she was drinking as well as asking her about any former medical condition (i.e., back related) that she may have. How does Penn go about this?

Schwartz again…. There were several witnesses at the scene of

the accident between Schwartz and Penn. Schwartz’s attorney wants to obtain information from these witnesses.

What type of discovery will Schwartz’s attorney use?

….Schwartz…AGAIN… The police responding to the accident took

several photos of the accident scene, interviewed several people and generated numerous reports. All of this information is was turned over to the local district attorney to determine whether there was criminal negligence. Both the attorneys for Schwartz and Penn would like to get their hands on that information. How do they go about getting the information?

…one final Schwartz issue…. After much discussion and investigating, the

attorney for Schwartz agrees that the facts show that Schwartz did have a pre-existing back injury. However, Schwartz still contends that the accident has made the condition worse. To “put to rest” the pre-existing condition, what can the two sides do?

CHAPTER REVIEW

DEFINE:ORIGINAL

JURISDICTIONJurisdiction to hear the case the first time it is presented to the court. Applies to BOTH Federal and State Courts.

Define:DIVERSITY

JURISDICTION Between citizens of different states Between citizens of a state OR different states

and citizens of a foreign nation. Between citizens of a state and foreign

government as the plaintiff $>$75,000

DESCRIBE THE DIFFERENCE BETWEEN

APPELLATE JURISDICTION AND GENERAL JURISDICTION

The Appellate Courts evaluate errors in the law. A general jurisdictional court has the authority to

HEAR the case.