1. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning Chapter 4 The American Court System

2. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 2 The Judiciary’s Role in American Government The role of the courts in the American government is to interpret and apply the law.The role of the courts in the American government is to interpret and apply the law. Through the process of judicial review— determining the constitutionality of laws— the judicial branch acts as a check on the executive and legislative branches of government.Through the process of judicial review— determining the constitutionality of laws— the judicial branch acts as a check on the executive and legislative branches of government.

3. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 3 Judicial Review: Marbury v. Madison Judicial Review: Marbury v. Madison The power of judicial review was established by Chief Justice John Marshall in Marbury v. Madison, well after the Constitution had established the other checks and balances within the federal government.The power of judicial review was established by Chief Justice John Marshall in Marbury v. Madison, well after the Constitution had established the other checks and balances within the federal government. What might result if the courts could not exercise the power of judicial review?What might result if the courts could not exercise the power of judicial review?

4. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 4 Basic Judicial Requirements Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdiction Venue Standing to Sue

5. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 5 Jurisdiction Before a court can hear a case, it must have jurisdiction over the person(s) against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter.Before a court can hear a case, it must have jurisdiction over the person(s) against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter. Case 4.1 Cole v. Mileti (1998).Case 4.1 Cole v. Mileti (1998).

6. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 6 Subject Matter Jurisdiction Limited jurisdiction: Limited jurisdiction: Exists when a court is limited to a specific subject matter, such as probate or divorce.Exists when a court is limited to a specific subject matter, such as probate or divorce. General jurisdiction: General jurisdiction: Exists when a court can hear any kind of case.Exists when a court can hear any kind of case.

7. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 7 Original vs. Appellate Jurisdiction Original jurisdiction: Original jurisdiction: Exists with courts that have authority to hear a case for the first time (trial courts).Exists with courts that have authority to hear a case for the first time (trial courts). Appellate jurisdiction: Appellate jurisdiction: Exists with courts of appeals, or reviewing courts.Exists with courts of appeals, or reviewing courts. Generally appellate courts do not have original jurisdiction.Generally appellate courts do not have original jurisdiction.

8. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 8 Federal Jurisdiction A federal court can exercise jurisdiction:A federal court can exercise jurisdiction: –When a federal question is involved (when the plaintiff’s action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law). –When a case involves diversity of citizenship (citizens of different states, for example) and the amount in controversy exceeds $75,000.

9. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 9 Diversity Jurisdiction Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that arise under state law.Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that arise under state law. As federal courts become increasingly overburdened with cases, some have proposed to significantly limit (or eliminate) diversity jurisdiction.As federal courts become increasingly overburdened with cases, some have proposed to significantly limit (or eliminate) diversity jurisdiction. Are the benefits of diversity jurisdiction worth its costs to the federal court system?Are the benefits of diversity jurisdiction worth its costs to the federal court system?

10. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 10 Concurrent v. Exclusive Jurisdiction Concurrent jurisdiction: Exists when two different courts have authority to hear the same case. Concurrent jurisdiction: Exists when two different courts have authority to hear the same case. Exclusive jurisdiction: Exists when only state courts or only federal courts have authority to hear a case. Exclusive jurisdiction: Exists when only state courts or only federal courts have authority to hear a case.

11. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 11 Concurrent v. Exclusive Jurisdiction

12. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 12 Jurisdiction in Cyberspace “Sliding Scale” Standard“Sliding Scale” Standard Case 4.2 International League Against Racism and Antisemitism v. Yahoo, Inc. (2000).Case 4.2 International League Against Racism and Antisemitism v. Yahoo, Inc. (2000). No Depends Yes Substantial Business Interaction Passive Website

13. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 13 Venue Venue has to do with the most appropriate location for a trial, which is usually the geographical area in which the event leading to the dispute took place or where the parties reside. Venue has to do with the most appropriate location for a trial, which is usually the geographical area in which the event leading to the dispute took place or where the parties reside.

14. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 14 Standing to Sue A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system.A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system. The controversy at issue must also be a justifiable controversy, one that is real and substantial, as opposed to hypothetical or academic.The controversy at issue must also be a justifiable controversy, one that is real and substantial, as opposed to hypothetical or academic. Case 4.3 High Plains Wireless, LP v. FCC (2002).Case 4.3 High Plains Wireless, LP v. FCC (2002).

15. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 15 The State and Federal Court Systems

16. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 16 Trial Courts State courts: State courts: Courts of general jurisdiction may be called by a variety of names.Courts of general jurisdiction may be called by a variety of names. Courts of limited jurisdiction include:Courts of limited jurisdiction include: –Divorce courts –Probate courts –Traffic courts –Small claims courts Federal courts: Federal courts: Court of general jurisdiction is the U.S. District court.Court of general jurisdiction is the U.S. District court. Courts of limited jurisdiction include:Courts of limited jurisdiction include: –U.S. Tax Court –U.S. Bankruptcy Court –U.S. Court of Federal Claims

17. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 17 Intermediate Appellate Courts Courts of appeals, or reviewing courts, generally do not have original jurisdiction.Courts of appeals, or reviewing courts, generally do not have original jurisdiction. Such courts in the federal system are called the U.S. Circuit Courts of Appeals.Such courts in the federal system are called the U.S. Circuit Courts of Appeals. The U.S. Courts of Appeals are divided into twelve circuit courts (next slide) which hear appeals from federal district courts located in their jurisdictions. A thirteenth circuit, called the federal circuit, hears appeals in certain special types of cases.The U.S. Courts of Appeals are divided into twelve circuit courts (next slide) which hear appeals from federal district courts located in their jurisdictions. A thirteenth circuit, called the federal circuit, hears appeals in certain special types of cases.

18. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 18 U.S. Courts of Appeal

19. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 19 Supreme Courts Each state has a supreme court, although it may be called by some other name, whose decisions are final on questions of state law.Each state has a supreme court, although it may be called by some other name, whose decisions are final on questions of state law. Appeals from a state supreme court to the U.S. Supreme Court is possible only if a federal question is involved.Appeals from a state supreme court to the U.S. Supreme Court is possible only if a federal question is involved. The U.S. Supreme Court is the highest court in the federal system and the final arbiter of the Constitution and federal law.The U.S. Supreme Court is the highest court in the federal system and the final arbiter of the Constitution and federal law.

20. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 20 Following a State Court Case A sample civil court case in a state court would involve the following: The Pleadings The Pleadings Pretrial Motions Pretrial Motions Discovery Pretrial Conference Pretrial Conference Trial Post trial Motions Post trial Motions The Appeal

21. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 21 The Pleadings Complaint:Complaint: –Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant. Answer:Answer: –Admits or denies allegations made by the plaintiff; may assert a counterclaim or an affirmative defense. Motion to dismiss:Motion to dismiss: –A request to the court to dismiss the case for stated reasons, such as the plaintiff’s failure to state a claim for which relief can be granted.

22. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 22 25 Typical Complaint

23. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 23 Pretrial Motions Motion for judgment on the pleadings: Motion for judgment on the pleadings: Will be granted if the parties agree on the facts and the only question is how the law applies to the facts.Will be granted if the parties agree on the facts and the only question is how the law applies to the facts. The judge bases the decision solely on the pleadings.The judge bases the decision solely on the pleadings. Motion for summary judgment: Motion for summary judgment: Will be granted if the parties agree on the facts. The judge applies the law in rendering a judgment.Will be granted if the parties agree on the facts. The judge applies the law in rendering a judgment. The judge can consider evidence outside the pleadings when evaluating the motion.The judge can consider evidence outside the pleadings when evaluating the motion.

24. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 24 Discovery The process of gathering evidence concerning the case. Discovery involves: –Depositions (sworn testimony by a party or a witness). –Interrogatories (written questions by one party towards the other made with assistance from the attorneys). –Various requests (for admissions, documents, medical exams). –Case 4.4 Zubulake v. UBS Warburg, LLC (2003).

25. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 25 Pretrial Conference Either party or the court can request a pretrial conference to: –Identify the matters in dispute after discovery has taken place, or –To plan the course of the trial.

26. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 26 Jury Selection The jury selection process, also known as voir dire, consists of questions directed to prospective jurors to assess potential bias.

27. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 27 TrialTrial The typical course of a trial can be diagrammed as follows: Opening Statements Opening Statements Plaintiff’s Introduction of Evidence Defendant’s Introduction of Evidence Closing Arguments Closing Arguments

28. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 28 Opening Statements An opening statement sets forth the facts which the attorneys expect to prove during the trial.An opening statement sets forth the facts which the attorneys expect to prove during the trial. Note that such statements are not themselves evidence, but instead an argument as to what the evidence will show.Note that such statements are not themselves evidence, but instead an argument as to what the evidence will show.

29. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 29 Introduction of Evidence The plaintiff’s case may consist of relevant documents, exhibits, and testimony of witnesses.The plaintiff’s case may consist of relevant documents, exhibits, and testimony of witnesses. The defense is then given the chance to challenge any of the plaintiff’s evidence and cross-examine his witnesses.The defense is then given the chance to challenge any of the plaintiff’s evidence and cross-examine his witnesses. Unless a motion for a directed verdict is made, the defense is then given a similar opportunity to present its case.Unless a motion for a directed verdict is made, the defense is then given a similar opportunity to present its case.

30. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 30 Closing Arguments After the defense concludes the presentation of its case, the attorneys present their closing arguments to the jury.After the defense concludes the presentation of its case, the attorneys present their closing arguments to the jury. Attorneys use the evidence established at trial to urge the jury to render a verdict in favor of his or her client.Attorneys use the evidence established at trial to urge the jury to render a verdict in favor of his or her client.

31. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 31 Post Trial Motions After a jury has rendered its verdict, either party may make a post trial motion. These include: –Motion for judgment N.O.V. (Notwithstanding the verdict) will be granted if the judge is convinced that the jury was in error. –Motion for a new trial will be granted if the judge is convinced that the jury was in error, or there was newly discovered evidence, misconduct by the participants during the trial, or error by the judge.

32. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 32 The Appeal Either party can appeal the trial court’s judgment to an appropriate court of appeals.Either party can appeal the trial court’s judgment to an appropriate court of appeals. After reviewing the record on appeal, the abstracts, and the attorneys’ briefs, the appellate court holds a hearing and renders its opinion.After reviewing the record on appeal, the abstracts, and the attorneys’ briefs, the appellate court holds a hearing and renders its opinion.

33. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 33 Enforcing the Judgment Securing a verdict does not mean there are assets to pay the judgment.Securing a verdict does not mean there are assets to pay the judgment. One of the primary factors to decide before filing suit is whether the defendant has resources or assets to pay a judgment.One of the primary factors to decide before filing suit is whether the defendant has resources or assets to pay a judgment.

34. Miller Cross 4 th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning 34 Courts Adapt to the Online World Courts are experimenting with electronic media, including CD-ROMs, electronic filings and docketing. E-filing is now an option in over 300 courts in Colorado.Courts are experimenting with electronic media, including CD-ROMs, electronic filings and docketing. E-filing is now an option in over 300 courts in Colorado. What about online/cyber courts?What about online/cyber courts? Virtual visitation rights?Virtual visitation rights?