1. AMERICAN COURT SYSTEM BSAD 8370 Law and Ethics

2. Sources of Law Stare decisis (precedent) Common Law Constitutional Law Statutory Law Moral dilemmas and conflicts

3. OVERVIEW Federal and State Court Systems Jurisdiction Pleading a Case Petition

4. Cause of Action Prima Facie Case Demurrer

5. U.S. Circuits

6. United States District Court Federal District of Nebraska 8 th Circuit Court of Appeals United States Supreme Court Writ of Certiorari FEDERAL COURT SYSTEM

7. The 8 th Circuit Arkansas Iowa Minnesota (St. Paul, MN.) Missouri (St. Louis, MO.) Nebraska North Dakota South Dakota

8. United States District Court Federal District of Nebraska 8 th Circuit Court of Appeals United States Supreme Court Writ of Certiorari FEDERAL COURT SYSTEM Subject Matter Courts Administrative Agencies

9. Douglas County District Court Nebraska Court of Appeals Nebraska Supreme Court NEBRASKA COURT SYSTEM

10. PARTIES TO A CASE Plaintiff Defendant Petitioner Respondent Appellant Appellee

11. TYPES OF CASES CIVIL versus CRIMINAL cases Torts versus crimes In civil suit, Plaintiff seeks monetary damages for injuries inflicted by defendant In criminal prosecution, the State seeks retribution (fines, incarceration, or death) in order to protect society

12. Federal Jurisdiction Federal Question The United States Constitution has been violated (e.g., violation of federal civil rights) Federal statute has been violated A treaty is involved A dispute between or among states Foreign country defendant

13. Federal Jurisdiction Diversity of Citizenship Jurisdiction Plaintiff and Defendant are citizens of different states The amount in controversy is $75,000 or more

14. STATE JURISDICTION At the state level, the appropriate court in which to file depends on the subject matter. Filing in the wrong place will result in a dismissal.

15. Types of Jurisdiction ORIGINAL versus APPELLATE

16. Types of Jurisdiction CONCURRENT versus EXCLUSIVE

17. Types of Jurisdiction SUBJECT MATTER versus GEOGRAPHICAL

18. Types of Jurisdiction IN PERSONAM IN REM QUASI IN REM

19. Types of Jurisdiction Original Appellate Federal State Subject Matter Geographical Concurrent Exclusive In personam In rem Quasi in Rem Civil Criminal

20. In Personam Jurisdiction U.S. Constitution mandates that no person can be denied the “due process of the law” (14 th Amendment) Defendants must be notified of the proceedings against them prior to the commencement of an action Service of Process

21. PROGRESS OF A LAWSUIT Plaintiff Files Petition Service of Process Praceipe ANSWER ReplyDiscovery Pre-Trial Motions TRIAL 30 days Investigation Interrogatories Depositions Witnesses Physical Evidence JUDGMENT

22. Petition The Petition must contain sufficient facts to state a cause of action. If the Petition fails to state a cause of action, it will be dismissed Failure to state facts upon which relief can be granted, F.R.C.P 12(b)(6) Motion DEMURRER (Nebraska) Motion to demur

23. Answer The Answer may generally or specifically deny the allegations An answer subjects the defendant to the jurisdiction of the court A special appearance attacks the appropriateness of the court’s jurisdiction without admitting jurisdiction

24. ORDER OF TRIAL Voir Dire and Selection of Jury Opening Statements by the Parties Plaintiff’s Case: Witnesses and Presentation of Evidence, Direct Examination and Cross- Examination Defendant’s Case: Witnesses and Presentation of Evidence, Direct Examination and Cross- Examination Closing Arguments Submission of Case to Jury Verdict

25. RECORD