1. The American Court System Chapter 3

2. Why Study Law And Court System? Manager Needs Understanding Managers Involved In Court Cases As Party As Witness

3. Federal And Most State Court Systems Trial Courts Court Of Appeals Supreme Courts

4. 5-4 Structure of the Federal Court System Trial courts / U.S. District Courts. Courts of limited jurisdiction Specialty Courts Bankruptcy 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

5. Federal Court System

7. 5-5 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.”

8. State Court System Inferior Trial Courts (Small Claims Court Trial Courts Intermediate Appellate Court State Supreme Court Special Courts

9. 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)

10. 5-12 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.

11. 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)

12. Judicial Activism Courts have a major role in correcting wrongs in society. Constitutional issues most be decided in context of contemporary society.

13. THE LITIGATION PROCESS

14. Parties Plaintiff: Party who files the lawsuit Defendant: Party being sued.

15. 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.

16. 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

17. 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.

18. 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)

19. Federal and State Jurisdiction

20. 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

21. 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 Rem Exclusive Jurisdiction over property within a state.

22. 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.

23. 5-7 Litigation Pleadings Discovery Trial

24. Pleadings Complaint Filed by plaintiff. Includes: Basis for jurisdiction. Facts on which claim is based. Relief plaintiff is seeking.

25. 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.

26. 5-9 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

27. 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.

28. 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.