We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byDoreen Clark
Modified about 1 year ago
Jack Friery UCSD Extension Intro to Legal System Class 2 of 3 The Court System Jurisdiction & Venue 1 Jack Friery © 2011
Review - Sources of Law Jack Friery © 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
Why are the Courts Important? The laws would be meaningless without courts to enforce, interpret, and apply them Society changes its view Jack Friery © 20113
Fifty-two Court Systems Jack Friery © Each of the fifty states has its own court system The District of Columbia has its own court system The federal courts constitute a separate court system
Federal System not superior Jack Friery © The federal courts are not superior to the state courts; they are two independent court systems The systems run concurrently
Jurisdiction Jack Friery © 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
Types of Jurisdiction Jack Friery © 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)
Jurisdiction Over Subject Matter Jack Friery © Limitation on the types of cases the court can hear General Jurisdiction Limited Jurisdiction
General Jurisdiction Jack Friery © Courts that can hear a variety of cases including: Civil cases Criminal cases
Limited Jurisdiction Jack Friery © Courts whose jurisdiction is limited to certain types of cases Examples Probate Bankruptcy
Subject-Matter Jurisdiction Jack Friery © 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
Jurisdiction Over Persons Jack Friery © 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
Minimum Contacts Jack Friery © 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
Jurisdiction Over Property Courts can exercise jurisdiction over property located within their boundaries Jack Friery ©
Original vs. Appellate Jack Friery © 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
Federal Jurisdiction Jack Friery © 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
Federal Questions Jack Friery © 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.
Diversity Jack Friery © 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
Exclusive vs. Concurrent Jack Friery © 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
Venue Jack Friery © 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.
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. Jack Friery ©
Standing to Sue Jack Friery © 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
Jack Friery © 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
Judicial Controversy Jack Friery © 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
Judicial Process Jack Friery © 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
State Court System Jack Friery © Each state has its own system of courts, and no two state systems are the same Trial Courts Appellate Courts
Trial Courts Jack Friery © 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
Trial Courts – con’t Jack Friery © 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
Trial Courts – con’t Jack Friery © State courts have either general or limited jurisdiction. General – criminal and civil matters Limited – family court, traffic court, or probate court
Courts of Appeal Jack Friery © 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
Courts of Appeal – con’t Jack Friery © 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
Courts of Appeal – con’t Jack Friery © 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
Highest Appellate Court Jack Friery © 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
The Federal Court System Jack Friery © 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
U.S. District Court Jack Friery © 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)
U.S. Court of Appeals Jack Friery © 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
U.S. Court of Appeals – con’t Jack Friery © 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
United States Supreme Court Jack Friery © 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
Writ of Certiorari Jack Friery © 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
U.S. Supreme Cases Jack Friery © 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
Citation Jack Friery © 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”
Decisions and Opinions Jack Friery © The opinion is the court’s statement of its reasons for its decision, the rules of law that apply and the judgment
Questions? 43 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? Jack Friery ©
Jack Friery UCSD Extension Intro to Legal System Class 2 of 3 The Court System Jurisdiction & Venue.
25-1 Chapter 2 Courts and Jurisdiction. Court Systems in U.S. Federal court system State court systems Copyright © 2013 Pearson Education, Inc. Publishing.
Courts and Alternative Dispute Resolution Chapter 2.
The Paralegal Professional Chapter Six The Court System.
Chapter 5 – A Dual Court System Federal and State Courts.
Dispute Resolution Chapter 2. Judicial Review Marbury v. Madison –Establishes the idea of judicial review.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 The Federal and State Court Systems.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 2: Court Systems and Jurisdiction Chapter 2: Court Systems and Jurisdiction.
U.S. Federal and State Court Systems. Origins of Federal Court System Article III of Constitution – Gave power to judge criminal and civil matters of.
Structure of the Federal Court System. Types of Courts Trial Courts Trial Courts All cases start at the trial court level; All cases start at the trial.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure Introduction To Litigation Litigation & Procedure Introduction.
Types of Courts Unit A Objective Dual Court System Federal Court System State Court System.
THE JUDICIAL BRANCH Today’s Objective: C-3 To gather information on the structure of the judicial branch and the ideological tendencies of the Supreme.
Chapter 3. Federal court system Court systems of the 50 states, Washington, DC (District of Columbia), and territories of the United States 3-2Copyright.
Chapter 3-2 The Federal Court System Pages
The American Legal System. Types of Courts Trial Courts Trial Courts All cases start at the trial court level; All cases start at the trial court level;
The Judicial System The Courts and Jurisdiction. Courts Trial Courts: Decides controversies by determining facts and applying appropriate rules Appellate.
Courts and Alternative Dispute Resolution Chapter 3.
Chapter 3 Court Systems and Jurisdiction. Introduction to Court Systems and Jurisdiction There are two major court systems in the United States: (1)The.
The Court System. Judge: decide all legal issues in a lawsuit. If no jury, the judge’s job also includes determining the facts of the case. Plaintiff.
1 Abbreviated Chapter Outline I.The Judiciary’s Role in American Government. II.Basic Judicial Requirements: A. Jurisdiction E. Venue F. Standing.
Law for Business and Personal Use © Thomson South-Western CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State.
Slides developed by Les Wiletzky Wiletzky and Associates Copyright © 2006 by Pearson Prentice-Hall. All rights reserved. Traditional, Alternative, and.
Chapter 10: Judicial Branch Describe the organization, functions, and jurisdiction of courts within the American judicial system. Explain the kinds of.
The Paralegal Professional Chapter Six The Court System and Alternate Dispute Resolution.
The United States has an adversarial court system. › This means that two opposing sides must argue their cases before a judge in order to find the truth.
Chapter 5 “A Dual Court System” Business Law. A Dual Court System.
Chapter 3 Federal and State Courts. Why are there two separate court systems in the United States? Federal court system deals with issues relating to.
The US Court System Objective Dual Court System Federal Court System State Court System.
Types of Courts Unit A Objective Dual Court System Federal Court System Federal Court System State Court System State Court System
Copyright © 2006 by Pearson Prentice-Hall. All rights reserved Slides developed by Les Wiletzky PowerPoint Slides to Accompany ESSENTIALS OF BUSINESS AND.
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6 th Edition.
CHAPTER 4 THE AMERICAN LEGAL SYSTEM AND COURT JURISDICTION DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8.
The Courts – Federal Court System Objective: Identify the source of power of the federal courts Name the various levels of federal courts and describe.
The American Court System Chapter 3. Why Study Law And Court System? Manager Needs Understanding Managers Involved In Court Cases As Party As Witness.
Judicial Branch. The Judicial Branch is like the other two branches. It exists at the 3 levels of government. As the other branches are broken up.
C H A P T E R 18 The Federal Court System. Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution:
The Federal Court System …and Justice For All. Federal Court System and State Court System (2 courts) Often interact Goal is to solve legal disputes and.
The Judicial Branch Unit 5. Court Systems & Jurisdictions.
Chapter 7: The Judicial Branch. “The Federal Court System & How Federal Courts Are Organized”
Federal Court System Identify the source of power of the federal courts Name the various levels of federal courts and describe their jurisdictions LESSON.
Chapter 7: The Judicial Branch. “The Federal Court System”
Copyright © 2011 by Jeffrey Pittman. Note the difference between federal and state court systems in the U.S., and the key concept of judicial review.
Chapter 4 THE COURT SYSTEM Lesson 4-1: Dispute Resolution and the Courts.
COURT SYSTEMS Chapter 3. Ch. 3-1 Objectives Explain how disputes can be settled without going to court Name the different levels of courts and describe.
3/10/ The Federal Court System: An Introductory Guide For Mr. Brady’s Awesome Class.
Chapter 3 The Trial Process. Vocabulary Rule of Law: Principle that decisions should be made by the application of established laws without the intervention.
LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 1 The Court System Dispute Resolution and the Courts Federal.
Chapter 18: The Federal Court System Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 18, Section 1 Lesson Objectives Explain why.
T HE C OURT S YSTEM A Dual Court System Chapter 2.1.
© 2017 SlidePlayer.com Inc. All rights reserved.