1. COURT SYSTEMS AND JURISDICTION
CHAPTER 2
COURT SYSTEMS AND JURISDICTION
© 2010 Pearson Education, Inc., publishing as Prentice-Hall

2. Court Systems in U.S. Two major systems
Federal court system
Court systems of the 50 states and the District of Columbia
Each has jurisdiction to hear different types of lawsuits.

3. State Court Systems Supreme Court Intermediate appellate courts
Limited-jurisdiction trial courts
General-jurisdiction trial courts 3

4. State Court Systems (continued)
Limited-jurisdiction trial courts
Hear matters of specialized or limited nature
Traffic Court
Juvenile Court
Justice-of-the-peace Court
Probate Court
Family Law Court
Misdemeanor Criminal Court
Small Claims Court

5. State Court Systems (continued)
General-jurisdiction trial courts
Hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction courts
Record and store testimony and evidence

6. State Court Systems (continued)
Intermediate Appellate Courts
Hear appeals from trial courts
Review trial court record to determine if there have been any errors at trial that would require reversal or modification
No new testimony or evidence

7. State Court Systems (continued)
Highest State Court
In most states called “supreme court”
Hears appeals from intermediate state courts and certain trial courts
No new testimony or evidence
Decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court

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

9. Special Federal Courts
Federal Court System
U.S. Supreme Court
U.S. Courts of Appeals
Special Federal Courts
U.S. District Courts 3

10. Federal Court System (continued)
Special Federal Courts
Hear matters of specialized or limited jurisdiction
Tax Court
Court of Federal Claims
Court of International Trade
Bankruptcy Court
Court of Appeals for Armed Services
Court of Appeals for Veterans Claims

11. Federal Court System (continued)
U.S. District Courts
Trial courts of general jurisdiction
Impanel juries
Receive evidence
Hear testimony
Decide cases
Most federal cases originate in federal district court
At least one district court in each state
Judges have lifetime appointments

12. Federal Court System (continued)
U.S. Courts of Appeals
Intermediate appellate courts
Hear appeals from the district courts located in their circuit
13 Circuits
Lifetime appointments

13. Federal Court System (continued)
U.S. Courts of Appeals (continued)
3-judge panel or en banc
Review the record of lower courts or administrative agency proceedings
Determine if there has been any error of law that would warrant reversal or modification of the lower court decision

14. Federal Court System (continued)
U.S. Supreme Court
Hears appeals from:
Federal Circuit Courts of Appeals
Federal District Courts, under certain circumstances
Special federal courts
Highest state courts
No new evidence or testimony
9 Justices with lifetime appointments

15. 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

16. Federal Court System (continued)
U.S. Supreme Court (continued)
Accepts about 100 cases each year
May issue:
Unanimous decision
Majority decision
Plurality decision
Tie decision
Justices may concur or dissent
Decision of Court is final

17. Federal Court System (continued)
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.

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

19. Jurisdiction of Federal Courts
Federal questions
U.S. Constitution
Treaties
Federal statutes and regulations
Diversity of citizenship
Citizens of different states
At least $75,000 in controversy

20. Jurisdiction of State Courts
Cases that federal courts do not have jurisdiction to hear (e.g., probate cases)
Matters involving state law
Real estate
Business law
Sales and lease agreements
Negotiable instruments
Matters involving federal law

21. Jurisdiction of Federal and State Courts
Exclusive Federal Jurisdiction
Exclusive State Jurisdiction
Admiralty
Antitrust
Bankruptcy
Copyright
Federal Crimes
Patents
Suits against the U.S.
Other specified federal statutes
Concurrent Jurisdiction
Matters not subject to federal jurisdiction
Federal questions
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
E.g., one cannot sue on behalf of a friend who has been injured

24. In Personam Jurisdiction
Personal jurisdiction exists over any plaintiff who files a lawsuit.
Personal jurisdiction exists over defendant who is within the boundaries of the state
Corporation is subject to personal jurisdiction in any state where it is incorporated, has principal office, or does business

25. In Personam Jurisdiction (continued)
Defendant is served notice of the lawsuit
By personal service of summons
By mailing summons
By publication

26. In Personam Jurisdiction (continued)
Long-Arm Statute allows state courts to obtain personal jurisdiction over persons or businesses located in another state
Allows summons to be served in other states
Must have minimum contacts with state
Must uphold notions of fair play and substantial justice

27. In Rem and Quasi In Rem Jurisdiction
Jurisdiction over the property of the lawsuit within state borders
Quasi in rem:
Attach property located in another state

28. Venue
Court near location in which incident occurred or where parties reside.
Several courts may have jurisdiction
Which one is proper venue?
E.g., crime occurred in California, so California court is likely venue
May be change of venue to avoid pretrial publicity that may have prejudiced potential jurors.

29. Forum Selection, Choice-of-Law Clauses
Parties may specify in a contract what court to use (forum selection)
They may also agree on the state’s or country’s law that will apply to the contract (choice of law)