3

Click here to load reader

Meiners Chapter 2 Outline

  • Upload
    wildraf

  • View
    12

  • Download
    2

Embed Size (px)

DESCRIPTION

An outline of Meiners Chapter 2

Citation preview

Page 1: Meiners Chapter 2 Outline

Rafique Sheikh CWID: 893776708

MGMT 518: Legal and Ethical Environment of Business

Chapter 2 The Court Systems – Outline

Federal judges are nominated by the president and confirmed by the senate. They enjoy lifetime employment once appointed (Page 27).

State judges are appointed or elected. Under the doctrine of judicial immunity, a judge is absolutely immune from suit for damages for judicial acts (Page 28).

The court system is made up of the state court systems and the federal court system. Both systems have lower courts of original jurisdiction, where disputes are first brought and tried, and courts of appellate jurisdiction, where the decisions of a lower court can be taken for review (Page 28).

The Federal Courts (Page 30).

i) Federal District Courts: U.S. district courts are the courts of original jurisdiction in the federal system. The district courts are the only court in the system that use juries (Page 31).

ii) Federal Appellate Courts: U.S. courts of appeals may review federal district court decisions.

iii) Specialized Federal Courts (Page 32): These courts differ from other federal courts in that their jurisdictions are defined in terms of subject matter. Some examples are:a. U.S. Bankruptcy Courts – exist alongside the District courts.b. U.S Court of Federal Claims has 16 judges who serve 15-year terms.

They hear cases involving monetary claims against the federal government.

c. The U.S. Court of International Trade has nine judges. They hear cases involving international customs matters.

d. The U.S. Tax Court consists of 19 judges appointed for 15-year terms. The court primarily hears tax disputes involving the IRS.

e. The Court of Appeals for the Federal Circuit was created in 1982 and has 12 judges.

U.S. Supreme Court. The U.S. Supreme Court is the highest court in the country. The SC is primarily an appellate review court (Page 33).

The State Courts.

State Courts of Original Jurisdiction. Each state court system has courts of original jurisdiction, or trial courts, where disputes are initially brought and tried. These are often

Page 2: Meiners Chapter 2 Outline

courts of general jurisdiction and several courts of limited or specialized jurisdiction (Page 35).

Litigants not satisfied with the decision of the limited-jurisdiction court may appeal to the court of general jurisdiction. On appeal, the parties will get a new trial or, in legal terminology, a trial de novo.

State Courts of Appellate Jurisdiction. Every judicial system allows the review of trial court decisions by a court with appellate jurisdiction (Page 35).

Rules of Civil Procedure (Page 35).

Plaintiff is the party who claims to have suffered an injury that the law can remedy. Defendant is the party who allegedly injured the plaintiff. The Federal Rules of Civil Procedure are contained in the US Code, Title 28.

Jurisdiction (Page 36). The literal meaning of the term jurisdiction is “the power to speak of the law.” A court’s jurisdiction defines the limits within which it may declare, administer, or apply the law.

There are two types of jurisdiction:

i) Subject-matter jurisdiction – created by a constitution or a statute regarding the types of disputes a court can accept to resolve.

ii) Personal jurisdiction over:a. The person of the defendantb. The property of the defendant

Exclusive Jurisdiction (Page 42). Courts in the federal system have exclusive jurisdiction over certain disputes.

Concurrent Jurisdiction (Page 43). When both federal and state court systems have the power to era a case, concurrent jurisdiction exists.

Applying the Appropriate Law in Federal Court (Page 45). The federal courts in diversity-of-citizenship cases must apply the appropriate state common and statutory law.

Applying the Appropriate Law in State Court (Page 46)

In state court cases, when the incident in question took place in another state, the court must look to the forum state’s conflict-of-law or choice-of-law rule to determine what substantive law will apply to resolve the dispute.

Venue (Page 48)

Litigation must occur in the proper venue.