Fifty-One Court Systems: Federal, State and Territorial The U.S. Court System Fifty-One Court Systems: Federal, State and Territorial

Federal Judicial System United States Supreme Court Nine Supreme Court Justices U.S. Court of Appeal for the Federal Circuit 1 Circuit in Washington D.C. Judges sit in panels of 3 on cases involving customs, patents, and many other claims. U.S. Court of Appeal 12 Circuits throughout U.S. 3 judge panels, not the entire circuit court, hear almost all cases. U.S. District Court. 94 trial courts in 50 states; Wash. D.C., Puerto Rico, Virgin Islands, Guam & Northern Mariana Islands. U.S. Claims Courts & some special agencies (Board of Contract Appeals, Patent & Trademark Office & Merit System Protection Board. U.S. Admin. Agencies (in a few cases, appeals go to a U.S. District Court, not Circuit Courts) U.S. Tax Court. Reviews IRS decisions U.S. Court of International Trade Cases from International Trade Commission U.S. Bankruptcy Court U.S. Magistrates

State Judicial System Highest Level – Appellate Court “state supreme court” California has 7 justices (I Chief Justice & 6 associate justices), headquartered in San Francisco Highest Level – Appellate Court Usually 5-9 Judges “state court of appeal” California court of appeal comprises 6 districts: San Francisco (1st & HQ) Los Angeles (2nd) Sacramento (3rd) San Diego (4th) Fresno (5th) San Jose (6th) Districts are further divided into divisions. Intermediate Appellate Court or Reviewing Courts Generally 3 judges per panel From Trial Courts

Trial Courts - General Jurisdiction State Judicial System “superior/district/other courts” (varies by state). In California: “superior court, general jurisdiction.” Civil cases must have $25,000+ in dispute to be litigated. Trial Courts - General Jurisdiction Law Equity Lower Trial Courts Limited Jurisdiction In California: “superior court, limited jurisdiction.” Civil cases must not exceed $25,000 in dispute to be litigated. Housing (Rental) Courts Traffic Small Claims Court ($2-15K) County & MunicipalCourts Probate Juvenile Courts Criminal (serious crimes go to Gen. Jur. Ct) Domestic Relations varies by state. In California, disputed amount: <$7500 for “natural persons,” <$5000 for businesses

State Judicial System Interesting Facts California has: 1580 authorized judgeships (some positions are vacant). 7 justices in the Supreme Court 105 justices in the Courts of Appeal 1499 judges in the trial courts

Very Basic Hierarchies (The Most Simplified Outlines) Court Systems Very Basic Hierarchies (The Most Simplified Outlines) Federal Court System Federal district courts U.S. Court of Appeals U.S. Supreme Court State Court System General trial courts Specialty courts State appellate courts State supreme courts

Federal Court System Federal District Courts: Have original and general jurisdiction. Most cases originate in district. Two types of federal court jurisdiction: Federal question jurisdiction – Courts hear any case that arises under the U.S. Constitution or laws/treaties of U.S. No amount in controversy requirement (although some federal statutes do have this requirement). Diversity jurisdiction

Federal Court System Federal District Courts: Have exclusive jurisdiction over admiralty (ocean commerce, vessel collision, other sea controversies), bankruptcy. Have diversity jurisdiction. (Any civil case between citizens of different states or between American citizen and foreign citizen or government can be started in federal court if at least $75,000 in dispute).

Federal Court System Purpose of Diversity Jurisdiction? Provide a neutral forum in cases where one or more of the parties is a citizen of another state/country – protects against local prejudice in state courts. Purpose of Federal Question Jurisdiction? Give plaintiffs a knowledgeable forum for the vindication of their federal rights.

Federal Court System Interesting Facts 1. The President nominates supreme court justices, and federal appellate (U.S. Court of Appeal) and trial (U.S. District Court) judges. The U.S. Senate votes on these nominations after hearings and debate. If confirmed by the Senate, the nominees become justices (Supreme Court) or judges (U.S. Court of Appeal/U.S. District Court). 2. The President receives recommendations for justices/judges, primarily, from members of his own party, especially U.S. senators.

More Interesting Facts Federal Court System More Interesting Facts Federal justices/judges have lifetime tenure. The U.S. Court of Appeal comprises 13 circuits – 12 on the basis of geography (1st – 11th, + DC). The thirteenth was started in 1982, and was formed by the merger of the U.S. Court of Customs & Patent Appeals and the appellate division of the U.S. Court of Claims. Located in Washington, D.C. Unique because it has nationwide jurisdiction in: international trade, government contracts, patents, trademarks, certain money claims against U.S. government, federal personnel, and veterans’ benefits. Hears cases in cities throughout the U.S. to better serve the people.

Federal Court System And Some More U.S. Supreme Court has the power to invalidate (strike) legislation or executive actions which the justices deem in conflict with the U.S. Constitution - the power of “judicial review.” Alexander Hamilton and James Madison (along with John Jay) advocated for a strong supreme court with the power of judicial review in the Federalist Papers – just read the U.S. Constitution!

Federal Court System Q. Judicial Review – What is the Point? A. To keep self-serving politicians away from the interpretation of the Constitution – they are primarily concerned with re-elections and pleasing their constituents.

Federal Court System U.S. Courts of Appeal: 9th Circuit = AL, AZ, CA, HA, ID, MT, NV, OR, WA, Northern Mariana Islands, Guam. Headquartered in San Francisco, but with branch courts in Los Angeles (Pasadena), Portland, and Seattle.

Court Systems Substantive Law Procedural Law Creates, defines, and regulates rights and duties (contracts, torts, wills) Procedural Law Prescribes methods of enforcing rights or obtaining redress for wrongs (jurisdiction, venue, pleading).

Scenario for a Lawsuit Nine Major Steps Alleged injury to Plaintiff. Complaint filed by Plaintiff or her attorney. Followed by service of process. Answer and/or preliminary motions (motion to dismiss, demurrer) by Defendant or her attorney. Discovery (including informal discovery) and pre-trial motions. Trial preparation (including expert witness designations). Pre-trial conference and/or settlement conferences and ADR efforts. Trial. Post-trial motions. Appeal.

What It All Means Service of Process: Delivery of copies of legal documents, such as: Summons Complaint Usually by personal delivery to person to whom documents are directed. Substituted service is possible if personal services is not possible. After parties have been served a lawsuit, there is usually no need to personally serve.

“So what ???” What It All Means Defendants response & pleadings: Answer or Demurrer (in federal district court, “motion to dismiss for failure to state a claim”) “demurrer” and “motion to dismiss for failure to state a claim are legalese for: “So what ???”

What It All Means Formal Discovery: The efforts of a party to a lawsuit and his/her attorneys to obtain information before trial through: Demands for productions of documents. Depositions of parties and other potential witnesses. Written interrogatories (questions and answers written under oath). Written Requests for Admissions (RFAs). Examination of the scene. Certain motions to enforce discovery rights.

Four Major Types of Discovery Depositions Interrogatories Requests for Admission Document Production

What It All Means Never forget/ignore: The importance of informal discovery (aka pre-trial investigation)

Very expensive with many disputes. What It All Means Discovery is: Very expensive with many disputes. Goal: All parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other.

(depositions, admissions, answers to interrogatories) What It All Means Motion for summary judgment: A written request for a judgment in the moving party’s favor before a lawsuit goes to trial and based on testimony recorded outside of court (depositions, admissions, answers to interrogatories) claiming that all facts and legal issues can be decided in the party’s favor without trial.

The Trial Selecting a jury Opening statements Presentation of evidence Motion for a directed verdict Summation Motion for mistrial Jury instructions Motion for new trial Motion for judgment N.O.V.

Selecting a Jury Jury: A group of citizens called to hear a trial of criminal prosecution or a civil lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser. Once selected, the jury is sworn to give an honest and fair decision. The legal questions are decided by the judge presiding at trial, who explains to the members of the jury (jurors) in “jury instructions.”

Selecting a Jury Interesting jury facts: The twelve jury members dates back about 1000 years – some states allow fewer (6 or 8 members) if the parties agree. The “jury box” is an enclosed area in which the jury sits in assigned seats. In California state court, for a civil plaintiff to win a lawsuit, three-quarters of the jury must favor the claim.

In a criminal trial, guilt or innocence requires a unanimous decision Selecting a Jury In a criminal trial, guilt or innocence requires a unanimous decision EXCEPT Louisiana and Oregon allow a felony conviction with 10 out of 12 jurors Civil cases: In federal court, federal statutes provide for a 6-person (minimum) unanimous verdict in most cases. (the Sixth Amendment to the U.S. Constitution does not require either a 12-person jury, or a unanimous verdict.) Criminal cases: All federal courts use a 12-person jury, and require a unanimous verdict.

Opening Statements Opening statements: The explanation by attorneys for both sides at the beginning of trial of what will be proved during the trial. Defendant’s attorney may delay (reserve) opening statements for defense until Plaintiff’s evidence has been completely introduced.

Presentation of Evidence Every type of proof legally presented at trial (permitted by judge). Intended to convince/persuade the judge and/or jury of alleged facts material (important) to the case. Examples: Oral testimony of witnesses Photos Expert testimony Deposition Documents Discovery Public records Responses

Motion for a Directed Verdict Jury’s verdict directed on trial judge’s specific direction that they must bring in that verdict because one of the parties has not proved its case as a matter of law or failed to present believable evidence on some key element of the claim or defense. In a criminal case, the judge may direct a verdict of acquittal, but not a guilty verdict.

Summation Summation aka “closing argument”: Final argument of attorneys at end of evidence. He/she tries to convince the judge and/or jury of the virtues of their client’s case. Please wait your turn: Plaintiff Defendant Plaintiff again

Expert Witness A person who specializes in a subject, often technical, who presents his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an opinion in trial – provided that the expert is qualified by experience, expertise, training, or special knowledge. Experts are paid big bucks for their services.

Mistrial Termination of a trial before its normal conclusion because of: a procedural error, statements by a witness, judge or attorney which prejudices a jury, or a deadlock by a jury without reaching a verdict after a long deliberation (“hung” jury). The judge: Declares a mistrial either on his own initiative or on motion (request) of one of the parties. Dismisses the jury, if there is one. Orders that the lawsuit/criminal proceedings be set for trial again, starting from the beginning.

Motion for New Trial The loser’s request for the case to be tried again on the grounds that: There were important legal mistakes in the way the trial was conducted and/or the jury came to an incorrect result. Must be filed within a few days after judgment is formally entered. Heard by the same judge who presided at the trial. Seldom granted – only when there is a very clear error which any judge would recognize. Some attorneys bring motions for new trials as they think it adds to their record on appeal.

Motion for Judgment N.O.V. Request for trial judge to reverse (set aside) a jury’s decision in favor of one party in a lawsuit or a guilty verdict when the judge is convinced the judgment is not reasonably supported by the facts and/or the law. Result = Judgment N.O.V. and means the judge realizes he/she should have directed the jury to reach an opposite verdict in the first place.

aka “motion for dismissal” Motion for Nonsuit Application (request) by Defendant in a lawsuit or criminal proceeding asking the judge to rule that Plaintiff/prosecution has not/cannot prove its case. Most often made after Plaintiff or prosecutor has presented all the evidence they have. Often an oral motion. Arguments are made in judge’s chambers or in court with the jury excused. aka “motion for dismissal”

Motion in Liminie Liminie – Latin for “threshold.” Motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial. Example: Criminal trials where evidence is subject to constitutional limitations, e.g. statements of suit made without Miranda warning (reading the suspect his/her rights).

Alternative Dispute Resolution (“ADR”) Why the need for ADR? Anxiety about going to court. Time and expense of lawsuits. Concern about bad publicity. Need for a speedier resolution. Uncertainty about outcome. Desire to maintain good business/personal relationships with the other party.

Alternative Dispute Resolution (“ADR”) Arbitration Uniform Arbitration Act Federal Arbitration Act Mandatory arbitration Judicial arbitration Scope of arbitration Finality of arbitration Mediation Reference to a third person Association tribunals Summary jury trial Rent-a-judge mini-trial Resolution of complaints and ombudsmen

What is Arbitration? A mini-trial, perhaps for a lawsuit ready to go to trial. An attempt to avoid a court trial and conducted by a person or panel of people who are not judges. May be chosen by parties, contractually mandated, or provided by statute. Avoids crowded court dockets (calendar). Grounds for appeal are extremely limited.

What is Mediation? Helps the disputing parties to settle the case. Mediators cannot impose a settlement on the parties, but often can effect a compromise.

Post-Trial Procedures Recovery of costs/attorneys fees: Payment of lawyer’s fee (hourly charge, contingency fee, flat fee, combination, statutory fees). Also known as the “British rule.”

Post-Trial Procedures Execution of judgment: The act of setting up an offer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor). Property is sold and the proceeds used to pay the judgment.

Post-Trial Procedures The court judgment is taken to the Clerk of the Court who issues a writ of execution which is taken to the sheriff/marshal to be executed

Post-Trial Procedures Garnishment: The process of requesting and obtaining a court order directing a person or entity (garnishee) to hold funds they own to someone who allegedly is in debt to another person, often after a judgment has been rendered.

Post-Trial Procedures How is the money paid? Usually by installments, directly or through the sheriff. Garnishee: A person/entity e.g. employer or bank which receives a court order (garnishment order) not to release funds held for, or owed to, a customer (bank) or employee (employer), pending further courts order.