1. Chapter 2 Courts and Jurisdiction

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Court Systems in U.S.
Federal court system
State court systems
2-2
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State Court Systems
Limited-jurisdiction trial courts
Hear matters of specialized or limited nature
Decision can be appealed to appealed to a general jurisdiction court or an appellate court
Small claims courts hear civil cases involving small dollar amounts
2-3
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State Court Systems
General-jurisdiction trial courts
Hear cases that are not within the jurisdiction of limited-jurisdiction trial courts
Record and store testimony and evidence
Decisions are appealable to an intermediate appellate court or the state supreme court
2-4
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State Court Systems
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 permitted
2-5
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State Court Systems
Highest State Court
Called “supreme court” in most states
Hears appeals from intermediate state courts and certain trial courts
No new testimony or evidence permitted
Decisions of state supreme courts are final, unless a question of law is involved
2-6
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Federal Court System
Special Federal Courts
Limited jurisdiction
Tax Court
Court of Federal Claims
Court of International Trade
Bankruptcy Court
Court of Appeals for the Armed Forces
Court of Appeals for Veterans Claims
2-7
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Federal Court System
U.S. District Courts
Trial courts of general jurisdiction
Impanel juries
Receive evidence
Hear testimony
Decide cases
At least one district court in each state
Judges have lifetime appointments
2-8
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Federal Court System
U.S. Courts of Appeals
Intermediate appellate courts
Hear appeals from the district courts located in their circuit
13 Circuits
Lifetime appointments
3-judge panel
2-9
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Federal Court System
U.S. Courts of Appeals
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
No new evidence or testimony is heard
Petitioner can request an en banc review
2-10
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11. Supreme Court of the United States
Located in Washington, DC
Hears appeals from:
Federal Circuit Courts of Appeals
Federal District Courts
Special federal courts
Highest state courts
No new evidence or testimony heard
2-11
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12. Supreme Court of the United States
The Supreme Court is an appellate court
Lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision
The Supreme Court’s decision is final
2-12
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13. Supreme Court of the United States
Decisions of the U.S. Supreme Court
Unanimous
Majority
Plurality
Tie
Petition for certiorari: A petition asking the Supreme Court to hear a case
2-13
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14. Supreme Court of the United States
Writ of certiorari: An official notice that the Supreme Court will review a case
A justice who agrees with a case’s outcome but differs in reason for decision issues a concurring opinion
A justice who does not agree with a decision can file a dissenting opinion
2-14
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15. Jurisdiction of Federal Courts
Federal question cases
Arise from:
U.S. Constitution
Treaties
Federal statutes and regulations
No dollar-amount limit on cases
Diversity of citizenship
Citizens of different states
At least $75,000 in controversy
2-15
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16. Jurisdiction of Federal Courts
Federal courts have exclusive jurisdiction to hear cases involving:
Federal crimes
Antitrust
Bankruptcy
Patent and copyright issues
Suits against the United States
These courts also hear most admiralty cases
2-16
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17. Case 2.1: U.S. Supreme Court Diversity of Citizenship
Hertz Corporation v. Friend
130 S.Ct. 43, 174 L.Ed.2d 627, Web 2009 U.S. Lexis 5114 (2009)
Supreme Court of the United States
Issue
Is Hertz Corporation a citizen of California?
2-17
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18. Jurisdiction of State Courts
Hear cases that federal courts do not have jurisdiction to hear
Concurrent jurisdiction with federal courts to hear cases involving:
Diversity of citizenship
Federal questions over which federal courts do not have exclusive jurisdiction
The defendant decides which court hears a concurrent jurisdiction case
2-18
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19. Standing to Sue, Jurisdiction, and Venue
Standing to Sue: Plaintiff must have a stake in the outcome of case
In Personam Jurisdiction: A court’s jurisdiction over a person
A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over himself or herself
2-19
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20. Standing to Sue, Jurisdiction, and Venue
In Personam jurisdiction
Personal jurisdiction exists over a defendant who is within the boundaries of the state
A corporation is subject to personal jurisdiction in the state where it is incorporated, has principal office, or does business
2-20
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21. Standing to Sue, Jurisdiction, and Venue
Long-arm statute
Allows state courts to obtain personal jurisdiction over persons or businesses located in another state or country
Allows summons to be served in other states
Defendant must have some minimum contact with the state
2-21
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22. Standing to Sue, Jurisdiction, and Venue
Long-arm jurisdiction
Exercised over non-residents who have:
Committed torts within the state
Entered into a contract either in the state or that affects the state
Transacted other business in the state that allegedly caused injury to another person
2-22
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23. Standing to Sue, Jurisdiction, and Venue
In rem jurisdiction: Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit
Quasi in rem jurisdiction: Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state
2-23
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24. Standing to Sue, Jurisdiction, and Venue
Lawsuits must be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside
Change of venue - to avoid pretrial publicity
Forum-Selection and Choice-of-Law Clauses
Parties’ contract specifies which court will hear a legal dispute
2-24
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25. Case 2.2: Jurisdiction over an Internet Seller
Chanel, Inc. v. Banks
Web 2010 U.S. Dist. Lexis (2010)
United States District Court for Maryland
Issue
Does the court have personal jurisdiction over the
defendant?
2-25
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2-26
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