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© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 2: Court Systems and Jurisdiction Chapter 2: Court Systems and Jurisdiction.

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Presentation on theme: "© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 2: Court Systems and Jurisdiction Chapter 2: Court Systems and Jurisdiction."— Presentation transcript:

1 © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 2: Court Systems and Jurisdiction Chapter 2: Court Systems and Jurisdiction

2 2 - 2 There are two major court systems in the U.S.: 1. The federal court system 2. The court systems of the 50 states and the District of Columbia –Each of these systems has jurisdiction to hear different types of lawsuits.

3 2 - 3 The State Court Systems Limited- Jurisdiction Trial Courts General- Jurisdiction Trial Courts Intermediate Appellate Courts SupremeCourt

4 2 - 4 The State Court Systems (continued) Traffic courts Juvenile courts Justice-of-the-peace courts Probate courts Traffic courts Juvenile courts Justice-of-the-peace courts Probate courts Family law courts Small claims courts Courts that hear misdemeanor criminal law cases and civil lawsuits under a certain dollar amount Family law courts Small claims courts Courts that hear misdemeanor criminal law cases and civil lawsuits under a certain dollar amount  Limited – Jurisdiction Trial Courts Hear matters of a specialized or limited nature Hear matters of a specialized or limited nature

5 2 - 5 The State Court Systems (continued) General – Jurisdiction Trial Courts –Hear cases of a general nature that are not within the jurisdiction of limited- jurisdiction courts –Testimony and evidence at trial are recorded and stored for future reference

6 2 - 6 The State Court Systems (continued) Intermediate Appellate Courts –A court that hears appeals from trial courts –Reviews the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision

7 2 - 7 The State Court Systems (continued) Highest State Court –The highest court in a state court system –Hears appeals from intermediate state courts and certain trial courts –No new evidence or testimony is heard –Decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court.

8 2 - 8 A Typical State Court System State Trial Courts of General Jurisdiction State Supreme Court State Appeals Courts Civil Division Criminal Division Probate Division Domestic Relations Division Juvenile Division Small Claims Courts Municipal Courts Justice of the Peace Courts Appeal to U.S. Supreme Court

9 2 - 9 The Federal Court System Special Federal Courts U.S. District Courts U.S. Courts of Appeals U.S. Supreme Court

10 The Federal Court System (continued) U.S. Supreme Court –The Supreme Court was created by Article III of the U.S. Constitution –The Supreme Court is the highest court in the land and is located in Washington, D.C.

11 The Federal Court System (continued) Special Federal Courts –Federal courts that hear matters of specialized or limited jurisdiction –They include: U.S. Tax Court U.S. Claims Court U.S. Court of International Trade U.S. Bankruptcy Court

12 The Federal Court System (continued) U.S. District Courts –The federal court system’s trial courts of general jurisdiction –They are empowered to: Impanel juries Receive evidence Hear testimony Decide cases –Most federal cases originate in federal district court

13 The Federal Court System (continued) U.S. Courts of Appeals –The federal court system’s intermediate appellate courts –These courts hear appeals from the district courts located in their circuit

14 The Federal Court System (continued) U.S. Courts of Appeals (continued) –Review the record of lower courts or administrative agency proceedings –Determine if there has been any error that would warrant reversal or modification of the lower court decision

15 The Federal Court System (continued) U.S. Supreme Court –The Supreme Court hears appeals from: federal circuit courts of appeals federal district courts, under certain circumstances special federal courts the highest state courts. –No new evidence or testimony is heard

16 The Federal Court System (continued) U.S. Supreme Court (continued) –The lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision –The Supreme Court’s decision is final

17 The Federal Court System (continued) U.S. Supreme Court (continued) –The Supreme Court can issue the following types of decisions: Unanimous decision Majority decision Plurality decision Tie decision –Justices may issue a concurring or dissenting opinion

18 The Federal Court System (continued) Petition for Certiorai A petition asking the Supreme Court to hear case. Petition for Certiorai A petition asking the Supreme Court to hear case. Writ of Certiorai An official notice that the Supreme Court will review a case. Writ of Certiorai An official notice that the Supreme Court will review a case.

19 The Federal Court System (continued) U.S. Supreme Court U.S. Court of Appeals (11 Territorial Circuits & D.C. Circuit) U.S. Court of Appeals for the Federal Circuit Many Federal Adminis- trative Agencies U.S. District Courts (96 Districts U.S. Tax Court U.S. Bankruptcy Courts U.S. Claims Court U.S. Court of International Trade U.S. Patent and Trademark Office

20 Jurisdiction of State Courts State courts hear any cases that federal courts do not have jurisdiction to hear –Matters involving state law –Real estate –Business law –Sales and lease agreements –Negotiable instruments

21 Jurisdiction of Federal and State Courts Exclusive State Jurisdiction Matters not subject to federal jurisdiction Exclusive Federal Jurisdiction 1.Admiralty 2.Antitrust 3.Bankruptcy 4.Copyright 5.Federal Crimes 6.Patents 7.Suits against the U.S. 8.Other specified federal statutes Concurrent Jurisdiction 1.Federal questions 2.Diversity of citizenship cases

22 Personal Jurisdiction of Courts Standing to Sue Jurisdiction Venue

23 Standing to Sue Plaintiff must have a stake in the outcome of case

24 In Personam Jurisdiction Personal jurisdiction is obtained by: –Plaintiff by virtue of filing the suit –Defendant by serving summons within the state by mailing summons by publication Party disputing jurisdiction may make a special appearance

25 In Rem and Quasi In Rem Jurisdiction In rem: –Court has jurisdiction over the property of the lawsuit –Within the state borders Quasi in rem: –Attachment jurisdiction Attach property located in another state

26 Long-Arm Statute State courts obtain jurisdiction over persons or businesses located in another state –Allows summons to be served in other states –Must have minimum contact with state –Must uphold notions of fair play and substantial justice


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