The American Court System

Chapter 3

Why Study Law And Court System?Why Study Law And Court System?

Manager Needs Understanding

Managers Involved In Court CasesAs PartyAs Witness

Federal And MostState Court Systems

Trial CourtsTrial Courts

Court Of Court Of AppealsAppeals

Supreme CourtsSupreme Courts

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Structure of the Federal Court System

Trial courts /U.S. District Courts.

Courts of limited jurisdiction

Specialty CourtsBankruptcy

Claims against the U.S.

Trademark, copyright, and patent

Courts of general jurisdiction.

Circuit Courts of Appeals

12 geographic circuits + Federal Circuit

U.S. Supreme Court / Nine Justices Certiorari

Federal Court System

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Structure of the State Court Systems

Trial courts

Intermediate Courts of Appeal

In approximately half the states.

Courts of last resort.

Usually called “The Supreme Court.”

State Court System

Inferior Trial Courts(Small Claims Court

Trial Courts

Intermediate Appellate Court

State Supreme Court

Special Courts

Judicial Review

Power of the Courts to review the actions of the

other branches of government and declare their

actions unconstitutional and thus void.

“It is emphatically the province and duty of the

Judicial Department to say what the law is”…

Marbury v. Madison, 5 U.S. 137 (1803)

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Review by U.S. Supreme Court

Writ of certiorari.

150 to 200 cases per year.

Most likely to agree to decide cases:

Presenting a substantial federal question.

Presenting conflicting decisions from circuit courts of

appeal.

In which a state court holds a federal law to be invalid.

In which a state court upholds a state law challenged as

violating federal law.

In which a federal court rules an act of Congress is

unconstitutional.

Judicial Restraint

Courts should refrain from determining the

constitutionality of acts of Congress unless

absolutely necessary.

Doubts about constitutionality should be

resolved in favor of the statute.

Constitution should be interpreted in light of

what the founders intended. (Strict Construction)

Judicial Activism

Courts have a major role in correcting wrongs in

society.

Constitutional issues most be decided in

context of contemporary society.

THE LITIGATION PROCESS

Parties

Plaintiff:

Party who files the lawsuit

Defendant:

Party being sued.

Standing to Sue

Standing to Sue requires:

1. Litigation must involve a case or

controversy.

2. Plaintiff must have a personal stake in the

resolution of the controversy.

Standing to Sue

Provides for adversarial relationship which helps to sharpen Issues.

Prevents courts from deciding abstract legal questions of wide public significance, whcich are best decided by the legislature.

Friends of the Earth v. Laidlaw Environmental

528 U.S. 167 (2000) page 88

Jurisdiction

Jurisdiction / The power of the court to hear and decide a

case

Subject Matter Jurisdiction:

Power over the issues in the case.

Personal Jurisdiction:

Power over the parties to the case.

Jurisdiction and Venue

Federal jurisdiction (Art III sec 2)Exclusive federal jurisdiction

Concurrent federal jurisdiction

Federal question jurisdiction

Diversity of citizenship cases Opponents from different states

/Right of removal / ($75,000)

Federal and State Jurisdiction

Jurisdiction and Venue

State Court Jurisdiction

All cases not exclusively Federal Court Jurisdiction

Venue

Proper court to hear a case when more than one court has jurisdiction

Jurisdiction

Long Arm Statute

Allows service on out-of-state defendants if defendant has minimum contacts with the forum state.

Doing Business

Commission of a Tort

Entering into a contract

In RemExclusive Jurisdiction over property within a state.

Class – Action Suit

A lawsuit in which one or more plaintiffs file suit

on their own behalf and on behalf of all other

persons who may have a similar claim.

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Litigation

Pleadings

Discovery

Trial

Pleadings

ComplaintFiled by plaintiff.

Includes:

Basis for jurisdiction.

Facts on which claim is based.

Relief plaintiff is seeking.

Pleadings

Answer

Filed by defendant in response to Complaint

Admits, denies, or disavows knowledge of plaintiff’s allegations.

Permissable additions to answer.

New Matter / Affirmative defenses.

Counterclaim

(Failure to answer --- default judgment)

Reply: Response to counterclaim or new matter.

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Discovery

Purpose

To find out as much as possible about the facts

surrounding the case.

To avoid surprise at trial. / Encourage settlement

Tools (methods) of discovery

Interrogatories ( Written questions to opposing party)

Deposition (Examination of witness under oath.)

Request to produce documents.

Request for admissions

Physical or mental examination

Trial

Jury selection: voir dire To determine presence of bias.

For cause removal. Peremptory challenges.

Opening statements

Plaintiff’s case. Direct examination. Cross examination

Defendant’s case.

Conference on jury instructions.

Closing arguments.

Appellate Procedure

Prejudicial error of law.

Appellate court can:

affirm modify reverse remand

Decided by panel of judges

No jury. Majority vote. Written opinion. Dissenting opinions.