chapter 4 the american legal system and court jurisdiction davidson, knowles & forsythe business...

CHAPTER 4 CHAPTER 4 THE AMERICAN LEGAL SYSTEM THE AMERICAN LEGAL SYSTEM

AND COURT JURISDICTIONAND COURT JURISDICTION

CHAPTER 4 CHAPTER 4 THE AMERICAN LEGAL SYSTEM THE AMERICAN LEGAL SYSTEM

AND COURT JURISDICTIONAND COURT JURISDICTION

DAVIDSON, KNOWLES & FORSYTHEBusiness Law: Cases and Principles

in the Legal Environment (8th Ed.)

DAVIDSON, KNOWLES & FORSYTHEBusiness Law: Cases and Principles

in the Legal Environment (8th Ed.)

2© 2004 West Legal Studies in Business© 2004 West Legal Studies in BusinessA Division of Thomson LearningA Division of Thomson Learning

BUSINESS LAW: BUSINESS LAW: Cases & PrinciplesCases & PrinciplesDavidson Davidson • Knowles • Forsythe 8• Knowles • Forsythe 8 thth Ed. Ed.

AMERICAN LEGAL SYSTEM: AMERICAN LEGAL SYSTEM:

COURT JURISDICTIONCOURT JURISDICTION

AMERICAN LEGAL SYSTEM: AMERICAN LEGAL SYSTEM:

COURT JURISDICTIONCOURT JURISDICTIONThe Federal Constitution.The Courts and Jurisdiction.How to Find the Law.

The Federal Constitution.The Courts and Jurisdiction.How to Find the Law.



THE FEDERAL THE FEDERAL CONSTITUTIONCONSTITUTIONTHE FEDERAL THE FEDERAL

CONSTITUTIONCONSTITUTION The U.S. Constitution is the oldest written national

constitution and it was the first to include a government based on the separation of powers.

Allocation of Power:– Legislative Power.– Executive Power.– Administrative Agencies, an additional

Executive Power.– Judicial Power.

The U.S. Constitution is the oldest written national constitution and it was the first to include a government based on the separation of powers.

Allocation of Power:– Legislative Power.– Executive Power.– Administrative Agencies, an additional

Executive Power.– Judicial Power.



THE FEDERAL THE FEDERAL CONSTITUTIONCONSTITUTION

Judicial Power:– Federal Courts are generally limited to cases

and controversies.

Role of Judges:– Personalities of individual judges and justices

affect their rulings.

Judicial Power:– Federal Courts are generally limited to cases

and controversies.

Role of Judges:– Personalities of individual judges and justices

affect their rulings.



THE FEDERAL THE FEDERAL CONSTITUTIONCONSTITUTION

Original Constitution:– Habeas Corpus;– Writ;– Ex Post Facto Laws.

Amendments to the Constitution.

Original Constitution:– Habeas Corpus;– Writ;– Ex Post Facto Laws.

Amendments to the Constitution.



THE COURTS and THE COURTS and JURISDICTIONJURISDICTION

THE COURTS and THE COURTS and JURISDICTIONJURISDICTION

Subject Matter Jurisdiction: power of a court to hear certain kinds of legal questions.

Jurisdiction over the Persons or Property: court must have authority.

Concurrent versus Exclusive Jurisdiction.Venue.

Subject Matter Jurisdiction: power of a court to hear certain kinds of legal questions.

Jurisdiction over the Persons or Property: court must have authority.

Concurrent versus Exclusive Jurisdiction.Venue.



SUBJECT MATTER SUBJECT MATTER JURISDICTIONJURISDICTION

SUBJECT MATTER SUBJECT MATTER JURISDICTIONJURISDICTION

Deals with the nature and subject matter before the court.

Examples of Subject Matter Jurisdiction:– Juvenile Courts;– Bankruptcy Courts.

Deals with the nature and subject matter before the court.

Examples of Subject Matter Jurisdiction:– Juvenile Courts;– Bankruptcy Courts.



JURISDICTION OVER JURISDICTION OVER PERSONS OR PROPERTYPERSONS OR PROPERTY

JURISDICTION OVER JURISDICTION OVER PERSONS OR PROPERTYPERSONS OR PROPERTY

In personam jurisdiction.– Court has authority to decide rights of specific

person or corporation within the control of the court.

In rem jurisdiction.– Occurs when property that is subject to suit is

located in state where court is located.

In personam jurisdiction.– Court has authority to decide rights of specific

person or corporation within the control of the court.

In rem jurisdiction.– Occurs when property that is subject to suit is

located in state where court is located.



JURISDICTION OVER JURISDICTION OVER PERSONS OR PROPERTY PERSONS OR PROPERTY

Quasi in rem jurisdiction.– Allows court to decide the rights of certain

persons to specific property.

Service of Process.– Inform the defendant of the lawsuit.

Quasi in rem jurisdiction.– Allows court to decide the rights of certain

persons to specific property.

Service of Process.– Inform the defendant of the lawsuit.



CONCURRENT vs. CONCURRENT vs. EXCLUSIVE JURISDICTIONEXCLUSIVE JURISDICTION

CONCURRENT vs. CONCURRENT vs. EXCLUSIVE JURISDICTIONEXCLUSIVE JURISDICTION

If more than one court has jurisdiction, the courts have concurrent jurisdiction.

Exclusive Jurisdiction occurs when only one court has jurisdiction over a case.

If more than one court has jurisdiction, the courts have concurrent jurisdiction.

Exclusive Jurisdiction occurs when only one court has jurisdiction over a case.



VENUEVENUEVENUEVENUE

Refers to the geographical area or district where a lawsuit may be filed.

Refers to the geographical area or district where a lawsuit may be filed.



CHOICE OF LAWSCHOICE OF LAWSCHOICE OF LAWSCHOICE OF LAWS

The selection of which jurisdiction’s laws should govern the subject before the court.

If parties from more than one state are involved in a lawsuit, choice of law rules determine which state’s substantive law used to resolve dispute.

Procedural law dictates the process employed when resolving the dispute.

The selection of which jurisdiction’s laws should govern the subject before the court.

If parties from more than one state are involved in a lawsuit, choice of law rules determine which state’s substantive law used to resolve dispute.

Procedural law dictates the process employed when resolving the dispute.



FEDERAL COURTSFEDERAL COURTSFEDERAL COURTSFEDERAL COURTS Federal Courts may hear cases involving:

– Federal question or disputes involving federal law.

– Diversity of citizenship should parties to the dispute reside in different states and the lawsuit involves more than $75,000.

– Complete diversity requires that no plaintiff be a citizen of the same state as any of the defendants and prohibits an alien plaintiff and an alien defendant in the same suit.

Federal Courts may hear cases involving:– Federal question or disputes involving federal

law.– Diversity of citizenship should parties to the

dispute reside in different states and the lawsuit involves more than $75,000.

– Complete diversity requires that no plaintiff be a citizen of the same state as any of the defendants and prohibits an alien plaintiff and an alien defendant in the same suit.



SPECIALIZED COURTSSPECIALIZED COURTSSPECIALIZED COURTSSPECIALIZED COURTS

Some federal courts hear only certain types of cases.

There are 13 federal circuit courts, each with its own Circuit Court of Appeals.

Appeals from US. District Courts heard by Circuit Court of Appeals

Appeals from circuit courts heard before the US. Supreme Court.

Some federal courts hear only certain types of cases.

There are 13 federal circuit courts, each with its own Circuit Court of Appeals.

Appeals from US. District Courts heard by Circuit Court of Appeals

Appeals from circuit courts heard before the US. Supreme Court.



STATE COURTSSTATE COURTSSTATE COURTSSTATE COURTS

All State Courts have inferior trial courts.Trial Courts may have either general or

limited jurisdiction.Appellate Courts may review decisions of

the lower courts to determine if errors have occurred relative to substantive or procedural law.

All State Courts have inferior trial courts.Trial Courts may have either general or

limited jurisdiction.Appellate Courts may review decisions of

the lower courts to determine if errors have occurred relative to substantive or procedural law.



HOW TO FIND THE LAWHOW TO FIND THE LAWHOW TO FIND THE LAWHOW TO FIND THE LAW

Federal Court Cases.State Court Cases.Computerized Legal Research.

Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 87 L.Ed. 2d 444, 105 S.Ct. 3346 (1985).

Federal Court Cases.State Court Cases.Computerized Legal Research.

Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 87 L.Ed. 2d 444, 105 S.Ct. 3346 (1985).

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