1. Chapter 2 Court Systems & Court Procedure

2. The court system in the United States is based on the “adversarial system” Disputing parties present their case to a neutral third party Disputing parties present their case to a neutral third party The judge or jury then determines the truth and resolves the dispute The judge or jury then determines the truth and resolves the dispute

3. Before a court may hear a dispute, it must have the power and authority to decide the case and award the decision to the winning party or JURISDICTION California has both federal and state courts operating within its boundaries California has both federal and state courts operating within its boundaries The judiciary is the third branch of both our state and federal governments The judiciary is the third branch of both our state and federal governments

5. I. Types of Courts Trial Courts Appellate Courts Supreme Court Supreme Court

6. A. Trial Courts Federal and State In a trial court, the facts of the case are determined, the appropriate legal rules are applied to resolve the dispute Bench Trial Judgment Limited Jurisdiction General Jurisdiction General Jurisdiction STANDING means the parties have legally protectable rights in the dispute and a direct stake in the outcome of the case

7. B. Appellate Courts Federal and State If a party is not satisfied with the trial court’s decision, the party may appeal to the intermediate appellate courts alleging an error of law was made The appellate court’s primary function is to review the trial court’s decision for errors in law, not issues involving determination of facts

8. B. Appellate Courts (cont.) APPELLANT is the party making the appeal, the APPELLEE is the party opposing the appeal No new evidence is permitted in the appellate courts, only what was allowed in the trial court Appellate courts in California are restricted by 3 general standards of appellate review: Substantial evidence Abuse of discretion Independent appellate review

9. C. Supreme Court Federal and State If a party is not satisfied with the ruling in the intermediate appellate court, he may file a petition for review in the highest appellate court, the Supreme Court The purpose of the Supreme Court is to decide important legal questions and maintain uniformity of decisions among the lower courts There is no constitutional or legislative right to a review by the highest appellate court, the Supreme court

10. II. Court System – Federal Courts Federal Courts U.S. District Courts Specialized Federal Courts Appellate Courts Jurisdiction of the Federal Courts

11. A.Federal Courts Article III, Section 1 of the U.S. Constitution provides: The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish Types of cases: Constitutional issues Federal laws Treaty provisions Disputes where U.S. is a party Disputes among individual states Citizens of different states disputing more than $75,000 in damages

13. B. U.S. District Courts 4 in California, 94 total Northern District: San Francisco, CA Eastern District: Sacramento, CA Central District: Los Angeles, CA Southern District: San Diego, CA General trial courts

14. C. Specialized Federal Courts Established by Congress and have limited jurisdiction Include: Tax Court Bankruptcy Courts Court of International Trade Court of Federal Claims Court of Veteran’s Appeals

15. D. Appellate Courts 13 total national circuits, California in the 9 th circuit Courts of Appeals Deals with mistakes of law United States Supreme Court Has both original and appellate jurisdiction Primarily serves as the last and final court An appellant must petition the court for a WRIT OF CERTIORARI 1 Chief Justice and 8 Associate Justices

17. E. Jurisdiction of the Federal Courts U.S. District Courts must have subject matter jurisdiction over a case Under Article III, Section 2 Federal Courts have limited jurisdiction to hear cases involving: Federal Questions Diversity of Citizenship EXCLUSIVE JURISDICTION Admiralty Antitrust Bankruptcy Copyright/Trademarks Federal crimes Patents Suits against the U.S.

18. III. Court System – California State Courts Trial Courts Appellate Courts Types of Jurisdiction Venue Choice of Law and Choice of Forum

19. A. Trial Courts In California, the trial court is referred to as the “superior court.” In California, the trial court is referred to as the “superior court.” SUPERIOR COURT SUPERIOR COURT 58 county superior courts in California 2 Different Court Sections General Jurisdiction Limited Jurisdiction

20. General Jurisdiction Division Handles lawsuits involving: Felonies Civil cases over $25,000 Probate Mental capacity Family law Juvenile matters Guardianships of minors Equitable remedies such as injunctions Appeals from the limited jurisdiction courts

21. Limited Jurisdiction Division Handles lawsuits involving: Misdemeanors Civil cases under $25,000 Preliminary hearings in felony cases Traffic and vehicle matters Small claims cases

22. 2. Small Claims Court Designed as a fast, inexpensive, and fair method of resolving small disputes Claims are for $5,000 or less for corporations Claims up to $7,500 for a natural person Claims up to $7,500 for a natural person Jurisdictional maximum judgment amount of $2,500 up to twice a year The court may grant equitable relief in lieu of money damages in the form of:  Rescission  Restitution  Reformation  Specific performance

23. a. Small Claims Court Procedure Plaintiff should have evidence of sending a demand letter for the requested remedy to the defendant Plaintiff should have evidence of sending a demand letter for the requested remedy to the defendant Plaintiff files a claim, under oath with the clerk of small claims court The claim and order stating when the hearing will be held must be served upon the defendant Proof of service on the defendant must be filed with the court at least 5 days before hearing Defendant may counter sue Actual hearing is informal Each party has the right to present evidence by witnesses No party may be represented by an attorney The court’s decision is final to the plaintiff, the defendant may appeal. Any appeal to the Superior Court is a new hearing

24. B. Appellate Courts 1.Superior Court General Jurisdiction Appellate Division Handles appeals from small claims court and legal proceedings of the courts in the limited jurisdiction division 2.Intermediate Appellate Court Generally handles appeals from the Superior Court Decisions are published in a set of books called CALIFORNIA APPELLATE REPORTS All lower, or inferior, courts are bound by higher court decisions 3.Supreme Court of California The state’s highest court and last resort for questions of state law Decisions are published in the CALIFORNIA OFFICIAL REPORTS

26. C. Types of Jurisdiction 1. SUBJECT MATTER JURISDICTION – jurisdiction is referred to as power to hear a case 2. IN PERSONAM JURISDICTION – is obtained by serving a summons and complaint upon the defendant 3. LONG-ARM STATUTES – permits the plaintiff to bring and out- of-state defendant back to the state 4. IN REM JURISDICTION – the property itself must be within the court’s jurisdiction, not necessarily the owner 5. QUASI IN REM JURISDICTION – is a means to settle a personal claim against a property by seizing the property

27. D. Venue VENUE – is a neighborhood; the neighborhood, place, or a county in which an injury is declared to have been done, or fact declared to have happened VENUE – is a neighborhood; the neighborhood, place, or a county in which an injury is declared to have been done, or fact declared to have happened PROPER VENUE - means that the lawsuit will be heard by the court with jurisdiction in the geographic location closest to where the injury or event occurred

28. E.Choice of Law and Choice of Forum CHOICE OF LAW – parties to a contract specify in the contract that the law of a particular state or nation is the law that will apply in the event of a dispute regarding the contract CHOICE OF FORUM – the contract may also provide that in the event of litigation concerning the contract, such litigation must be filed in a particular court

29. IV. Court Procedures Pretrial Stage Pretrial Motions Discovery

30. A. Pretrial Stage 1.PLEADINGS (Complaint and Answer) a. THE COMPLAINT – is filed by the plaintiff who believes he has a legal cause of action against another person (defendant) and with it’s filing, a lawsuit is started b. SERVICE OF PROCESS – complaint and summons c. THE ANSWER (to the complaint) – contains denials or affirmative defenses to the causes of action alleged in the complaint d. FAILURE TO ANSWER (default) – if the defendant fails to answer the complaint, the plaintiff may ask that a default judgment be entered against the defendant

31. A. Pretrial Stage (cont.) 2.CROSS-COMPLAINT the defendant may cross-complain against the plaintiff to seek affirmative relief against the plaintiff for damages suffered by the defendant the cross-complaint operates much like the original complaint and forces the plaintiff to file an answer

32. B. Pretrial Motions 1.DEMURRER – the defendant may file a demurrer to the plaintiff’s complaint instead of filing an answer The defendant is then objecting to the complaint because there are legal problems with the complaint that appear on the fact of the pleading 2.OTHER PRETIAL MOTIONS:  Motion to quash service of summons  Motion challenging the venue  Motion to dismiss for inconvenient forum  Motion to strike  Motion for judgment on the pleadings  Motion for summary judgment

33. C. Discovery After the pleadings have been completed, the parties start the discovery process The 6 basic methods of discovery are:  Interrogatories  Depositions  Inspection of documents, tangible things, and places  Physical and mental examinations  Requests for admissions  Exchanges of expert trial witness information

34. V. Trial Jury or Non-Jury Trial Order of Trial Trial Motions Post-Trial Motions Appeals Enforcing the Judgment

35. A. Jury or Non-Jury Trial f the parties agree, a court trial may be held without a jury Not all trials need to be in front of a jury, if the parties agree, a court trial may be held without a jury Juror requirements in California: Juror requirements in California:  18 years or older  Be domiciled in California  Resident of jurisdiction where court is located  No felony convictions where civil rights were not restored  Not serving on a grand jury or other trial jury  Not be subject to a conservatorship  Have sufficient knowledge of the English language VOIR DIRE – is a process where the court and attorneys ask questions of a potential juror to determine whether the person can be a fair and impartial juror

36. B. Order of Trial 1. Opening Statements 2. Presentation of Plaintiff’s and Defendant’s Cases 3. Rebuttal Evidence 4. Closing Arguments 5. Jury Instructions 6. Case Goes to the Jury 7. Verdict

37. C.Trial Motions (Made During Trial) 1.Motion for a Nonsuit – attacks the sufficiency of the plaintiff’s evidence and argues that no evidence was presented to support the pleadings 2.Motion for a Directed Verdict – is granted when no evidence was offered during the trial to support the claims or defenses made by the party opposing the motion

38. D. Post-Trial Motions 1.Motion for a New Trial – should only be granted when the error complained of is prejudicial and results in a miscarriage of justice 2.Motion for a Judgment Notwithstanding the Verdict – should be granted only if a motion for a directed verdict should have been granted has the motion been previously made

39. E. Appeals The purpose of an appeal is to review trial court error The process begins by filing a NOTICE OF APPEAL with the clerk of the court from which the appeal is being made Process: Trial court’s record get transferred to appellate court Attorney’s will present BRIEFS Appellate court will review the case and either AFFIRM, REVERSE, or REMAND the lower court’s ruling

40. F. Enforcing the Judgment A judgment is NOT self-enforcing A judgment is NOT self-enforcing Judgments are good for 10years Judgments can earn interest at 10% a year until paid Reasonable court costs are added to the judgment Primary mechanism for collecting a monetary judgment is a WRIT OF EXECUTION, or order, issued by the court clerk directing the levying officer to seize and sell certain property of the losing party No physical force or harassment of the losing party is allowed in order to get payment

41. Chapter Summary Types of Courts Trial Courts Appellate Courts Supreme Court Court System – Federal Courts Federal Courts U.S. District Courts Specialized Federal Courts Appellate Courts Jurisdiction of the Federal Courts Types of Jurisdiction Venue Choice of Law & Choice of Forum Court System – California State Courts Trial Courts Appellate Courts Court Procedures Pretrial Stage Pretrial Motions Discovery Trial Jury or Non-Jury Trial Order of Trial Trial Motions Post-Trial Motions Appeals Enforcing the Judgment