Copyright © 2011 by Jeffrey Pittman. Note the difference between federal and state court systems...

Note the difference between federal and state court systems in the U.S., and the key concept of judicial review

Jeffrey Pittman - Legal Environment of Business

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For a current example of judicial review, see “Six new states seek to join multi-state health care reform challenge.”


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Jurisdiction refers to a court’s power to hear and decide a case – the power to “speak” the law

Trial courts have original jurisdiction, that is, trial courts provide a location for lawsuits to begin


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To begin a lawsuit, a trial court must have subject matter jurisdiction, that is, jurisdiction based on the type of case and the amount in dispute

The trial court usually must also have in personam jurisdiction—jurisdiction over the defendant

Some cases require in rem jurisdiction over properties located within the court’s territory, instead of in personam jurisdiction


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Issues of venue are also important in a court’s decision to hear a case

Venue pertains to the particular geographic area where a lawsuit should be filed

Venue is often based on issues of convenience and pretrial publicity


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A court acquires personal jurisdiction over a defendant through the following

methods: Waiver or consent by defendant regarding

the jurisdiction question Legal papers served on a defendant while

the defendant is present in the forum state


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Legal service to a defendant located anywhere, where the defendant is a resident of the forum state

Incorporation in the forum state Use of a long-arm statute


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Long-arm statutes bring an out-of-state defendant into a state where

The defendant has sufficient minimum contacts with the forum state, and

Jurisdiction will not offend traditional notions of fair play and substantial justice

The above limitations are to protect defendants as required by the due process clause of the Fourteenth Amendment


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Mastondrea v. Occidental Hotels presents issues of personal jurisdiction and minimum contacts

The court held that sufficient minimum contacts were present


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Regarding a Website being in a state, was there substantial, systemic and continuous activity in the forum state?

This usually requires an active Website versus a passive Web presence


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State Trial Courts Empowered to hear all

disputes except exclusive federal questions (see page 34)

Federal Trial Courts(District Courts)

Empowered to hear only: Federal question lawsuits, or Diversity of citizenship

lawsuits


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View the Arkansas court structure via the link on the chapter handouts portion of my website

The Arkansas system is similar to a typical state system


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Each District Court in Arkansas has a small claims court division

In small claims court, you can sue for damages to personal property, for money owed, or for delivery of personal property that is worth $5,000 or less

If you sue for money damages, the maximum amount you may claim is $5000


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No attorney or persons other than the plaintiff and the defendant are allowed to take part in the preparation or presentation of a case in small claims court

For more information, visit the Arkansas Judiciary Website, http://courts.state.ar.us/


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Appellate courts do not “try” cases but generally review only law and procedure - not fact decisions from the trial court

The losing party at trial is guaranteed one appeal; after the first appeal, further review is a matter of court discretion

In a criminal case only the defendant may appeal Regarding appeals, see the writ of certiorari


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The Supreme Court, created by Article III of the US Constitution, is the highest court in the US

The Supreme Court is composed of nine justices who are nominated by the President and confirmed by the Senate


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All federal justices, including those on the Supreme Court, serve for life, absent impeachment

The age breakdown for the Supreme Court follows: Four justices in their 70s (Ginsburg, b. 1933; Scalia, b.

1936; Kennedy, b. 1936; Breyer, b. 1938) Two justices in their 60s (Thomas, b. 1948; Alito, b.

1950; ) Three justices in their 50s (Sotomayor, b. 1954;

Roberts, b. 1955; Elena Kagan, b. 1960)


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Be familiar with the textbook materials in this section, especially Exhibit 2-3 and the related text material, and Concept Summary 2.3


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Copyright © 2011 by Jeffrey Pittman. Note the difference between federal and state court systems...

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