jack friery ucsd extension intro to legal system class 2 of 3 the court system jurisdiction &...

Jack FrieryUCSD Extension

Intro to Legal SystemClass 2 of 3

The Court SystemJurisdiction & Venue

Review - Sources of Law

Jack Friery © 20082

Federal and State constitutions – establish the federal and state governments and enumerate their powers.

International law—treaties.Federal and State statutes – enacted by the

U.S. Congress and state legislaturesAdministrative law – Agencies are created

by the legislature and executive branches of government.

Case decisions and principles forming common law – Court-decided controversies

Why are the Courts Important?

The laws would be meaningless without courts to enforce, interpret, and apply them.

Society changes its view

Jack Friery © 2008 3

Fifty-two Court Systems


Each of the fifty states has its own court system

The District of Columbia has its own court system

The federal courts constitute a separate court system

Federal System not superior


The federal courts are not superior to the state courts; they are two independent court systems

The systems run concurrently

Jurisdiction


In Latin, juris, means “law” and dicere means to “speak”

Thus, the term means "the power to speak the law.”

In order to hear a case, a court must have jurisdiction over the person or the property, as well as subject matter, involved in the dispute.

Types of Jurisdiction


A court must have jurisdiction to hear and decide a case.

There are two primary types of jurisdiction:Subject-matterIn personam (personal), or In rem (property)

Jurisdiction Over Persons


Courts can exercise personal jurisdiction over residents of a certain geographical area

Long-arm statutes – allow state courts to exercise personal jurisdiction over nonresident defendants, such as individuals or corporations in other states.

Nonresidents must have “minimum contacts” with the state before the court can exercise jurisdiction.

Minimum Contacts


Example:If an individual from State A causes a car crash in

State B, the “minimum contacts” requirement would be met.

The court in State B could exercise jurisdiction over the individual from State A.

Jurisdiction Over Property

Courts can exercise jurisdiction over property located within their boundaries

Jack Friery © 2008 10

Jurisdiction Over Subject Matter


Limitation on the types of cases the court can hearGeneral JurisdictionLimited Jurisdiction

General Jurisdiction


Courts that can hear a variety of cases including:Civil casesCriminal cases

Limited Jurisdiction


Courts whose jurisdiction is limited to certain types of cases

ExamplesProbateBankruptcy

Subject-Matter Jurisdiction


The authority of the court is set by statute or constitution creating the court and is limited by:The subject matter of the lawsuitThe amount of money in controversyWhether the case is a felony or misdemeanorWhether the proceeding is a trial or appeal

Original vs. Appellate


The distinction between these types of jurisdiction depends on whether the case is being heard for the first time.

Original jurisdiction – the power to hear a case for the first time – usually given to trial courts

Appellate jurisdiction – the power to review decisions of lower courts – usually given to appellate courts

Federal Jurisdiction


Article III, Section 2, of the U.S. Constitution, which establishes the authority of the federal courts, states as follows:The judicial Power shall extend to all Cases, in Law

and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.

Bases for federal jurisdiction:Federal Question or statuteDiversity of Citizenship

Federal Questions


Whenever a case is based, at least in part, on the U.S. Constitution, a treaty, or a federal law, then a federal question arises, and the case comes under the judicial power of the federal courts. A lawsuit may be brought in federal court.

Diversity


Federal District courts can also exercise original jurisdiction over cases involving diversity of citizenship, which arises when a lawsuit involves citizens of different states, or a foreign country.

Amount in controversy must exceed $75,000.

Exclusive vs. Concurrent


Concurrent jurisdiction exists when two different courts have power to hear the same case.

Exclusive jurisdiction exists when a case can be heard only in a certain court.

Venue


Venue is the geographical location in which an action is tried and from which the jury is selected.

Venue reflects the policy that a court trying a suit should be in the geographic neighborhood (usually the county) in which the incident leading to the lawsuit occurred or in which the parties in the lawsuit reside.

Standing to Sue


Standing to sue is the requirement that an individual must have sufficient stake in a controversy before he or she can bring a lawsuit.

The party must have a legally protected and tangible interest at stake in the litigation, such having suffered a harm or having been threatened with harm.


In some cases, a person will have standing to sue on behalf of another person – Parent on behalf of child

Example – a parent has standing to sue on behalf of her child if the child has been injured by a defective toy

Judicial Controversy


Real and substantial controversy, as opposed to hypothetical or academic

The child’s parents could only sue if the child had actually been injured by the toy – They could not sue merely on the ground that the toy was defective

Judicial Process


Litigation follows specific procedural rulesWhen the document must be filedTime requirements for responding to

documentsFederal Rules of Civil ProcedureCalifornia Code of Civil Procedure

State Court System


Each state has its own system of courts, and no two state systems are the same

Trial CourtsAppellate Courts

Trial Courts


A trial court is presided over by a judge, who issues a decision on the matter before the court.

If it is a jury trial, the jury will decide the facts and the judge will issue a judgment based on the jury’s conclusion

Trial Courts – con’t


During trial, the attorneys introduce evidence in support of their client’s positions.

Each attorney has an opportunity to cross-examine witnesses of the opposing party and to rebut their evidence.

Trial Courts – con’t


State courts have either general or limited jurisdiction.General – criminal and civil mattersLimited – family court, traffic court, or

probate court

Courts of Appeal


Appellate courts review the decisions of lower courts

Every state has at least one court of appeals, which may be an intermediate appellate court or a state’s highest court.

Courts of Appeal – con’t


Intermediate appellate courts – these courts hear appeals – not retry cases

An appellate court panel of three or more judges reviews the record of the case on appeal, including a trial transcript, to determine if there is an error of law.

Courts of Appeal – con’t


Appellate courts focus on questions of law and procedure, deferring to the trial court’s findings of fact.

Only look at findings of fact when it is contrary to the evidence presented or there is no evidence to support the finding

Highest Appellate Court


Usually called the supreme courtThe decisions of each state’s highest courts

are finalOnly when issues of federal law are

involved can a decision made by a state’s highest court be overruled by the United States Supreme Court

The Federal Court System


Three-tiered modelU.S. district courts (trial courts) and other

courts of limited jurisdictionU.S. courts of appeals (intermediate

appellate courts)United States Supreme Court

U.S. District Court


The district court is a federal trial court of general jurisdiction

At least one district court in every stateCurrently 94 district courts (some states

have several districts)

U.S. Court of Appeals


Organized into thirteen circuitsTwelve hear appeals from the federal district

courts located in their geographic circuitsThe thirteenth, called the Federal Circuit, has

jurisdiction over certain types of federal cases, such as patent cases.

U.S. Court of Appeals – con’t


A party who is unhappy with a federal district court’s decision may appeal the decision to a federal circuit court of appeals, where a panel of three or more judges will review the decision made by the trial court for errors of law.

The decisions are final, but appeal to the United States Court is possible

United States Supreme Court


Composition – nine justices – nominated by President and confirmed by the Senate

Original jurisdiction in cases affecting ambassadors, ministers and consuls and cases in which a state is a party

All other cases serves as an appellate court

Writ of Certiorari


There in no absolute right to appeal to U.S. Supreme Court

File “petition for certiorari”If petition granted, issues a writRule of four – at least 4 justices must grant

the writ

U.S. Supreme Cases


Thousands of cases filed each yearUsually hears fewer than 100 each yearThe U.S. Supreme Court will hear important

constitutional issues or issues on which the lower courts are divided

Citation


This indicates in which reporter the case can be found

Gives the volume number and page number

“384 U.S. 436” can be found in volume 384 of the U.S. Reports on page 436.

Citation Source: “The Bluebook”

Decisions and Opinions


The opinion is the court’s statement of its reasons for its decision, the rules of law that apply and the judgment.

ADR ExerciseJoe is selling his product to Sally, a

wholesaler. Joe is in San Diego, Sally in Minneapolis. Sales will be into Europe. They want an ADR clause in their sales contract.

Advise them—What type of ADR?Where held?What law applies?What language?What discovery rules?


jack friery ucsd extension intro to legal system class 2 of 3 the court system jurisdiction &...

Documents