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
Jack Friery © 20084
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
Jack Friery © 20085
The federal courts are not superior to the state courts; they are two independent court systems
The systems run concurrently
Jurisdiction
Jack Friery © 20086
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
Jack Friery © 20087
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
Jack Friery © 20088
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
Jack Friery © 20089
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
Jack Friery © 200811
Limitation on the types of cases the court can hearGeneral JurisdictionLimited Jurisdiction
General Jurisdiction
Jack Friery © 200812
Courts that can hear a variety of cases including:Civil casesCriminal cases
Limited Jurisdiction
Jack Friery © 200813
Courts whose jurisdiction is limited to certain types of cases
ExamplesProbateBankruptcy
Subject-Matter Jurisdiction
Jack Friery © 200814
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
Jack Friery © 200815
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
Jack Friery © 200816
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
Jack Friery © 200817
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
Jack Friery © 200818
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
Jack Friery © 200819
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
Jack Friery © 200820
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
Jack Friery © 200821
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.
Jack Friery © 200822
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
Jack Friery © 200823
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
Jack Friery © 200824
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
Jack Friery © 200825
Each state has its own system of courts, and no two state systems are the same
Trial CourtsAppellate Courts
Trial Courts
Jack Friery © 200826
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
Jack Friery © 200827
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
Jack Friery © 200828
State courts have either general or limited jurisdiction.General – criminal and civil mattersLimited – family court, traffic court, or
probate court
Courts of Appeal
Jack Friery © 200829
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
Jack Friery © 200830
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
Jack Friery © 200831
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
Jack Friery © 200832
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
Jack Friery © 200833
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
Jack Friery © 200834
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
Jack Friery © 200835
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
Jack Friery © 200836
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
Jack Friery © 200837
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
Jack Friery © 200838
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
Jack Friery © 200839
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
Jack Friery © 200840
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
Jack Friery © 200841
The opinion is the court’s statement of its reasons for its decision, the rules of law that apply and the judgment.
Questions?
42 Jack Friery © 2008
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 © 200843