Chapter 3 - The American Legal System Flashcards
Jurisdiction
The power of the court to hear a case and render a binding decision
2 Major Court Systems:
- Federal Court System
- The court systems of the 50 states and the District of Columbia
Each of these systems has jurisdiction (authority) to hear different types of lawsuits (cases)
Types of State Court Systems
- Limited-Jurisdiction Trial Courts
- General-Jurisdiction Trial Courts
- Intermediate Appellate Courts
- Supreme Court
Limited-Jurisdiction Trial Courts
Hear matters of a specialized or limited nature Traffic court Juvenile court Justice-of-the-peace court Probate court Family law court Small claims court Courts that hear misdemeanor criminal law cases and civil lawsuits under a certain dollar amount
General-Jurisdiction Trial Courts
Hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction courts.
Testimony and evidence at trial are recorded and stored for future reference.
Intermediate Appellate Courts
A court that hears appeals from trial courts
Reviews the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision.
State Court Systems:
The highest court in a state court system
Hears appeals from intermediate state courts and certain trial courts
No new evidence or testimony is heard
Decision of state supreme courts are final, unless a question of law is involved that is appealable to the US Supreme Court
Federal Court System
- Special Federal Courts
- U.S. District Courts
- U.S. Courts of Appeals
- U.S. Supreme Court
U.S. Supreme Court
Created by Article III of the U.S. Constitution
Supreme Court is the highest court in the land and is located in Washington D.C.
Composed of 9 justices who are nominated by the President and confirmed by the Senate
Special Federal Court:
Federal courts that hear matters of specialized or limited jurisdiction They include: 1. U.S. Tax Court 2. U.S. Claims Court 3. U.S. Court of International Trade 4. U.S. Bankruptcy Court 6. Immigration Court
U.S. District Courts
The federal court system’s trial courts of general jurisdiction
They are empowered to:
1. Impanel juries
2. Receive evidence
3. Hear testimony
4. Decide cases
Most federal cases originate in federal district court
U.S. Court of Appeals
The federal court system’s intermediate appellate courts
These courts hear appeals from the district courts located in their circuit
Review the record of lower courts or administrative agency proceedings
Determine if there has been any error that would warrant reversal or modification of the lower court decision
U.S. Supreme Court
The Supreme Court hears appeals from: 1. Federal Circuit Court of Appeals 2. Federal District Courts, under certain circumstances 3. Special Federal Courts 4. The highest state courts No new evidence or testimony is heard The lower court record is reviewed and determine whether there has been an error that warrants a reversal or modification of the decision. The Supreme Court's decision is final
Types of Decisions Issued by the Supreme Court:
- Unanimous decision
- Majority decision
- Plurality decision
- Tie decision
Justices may issue a concurring or dissenting opinion
Petition for Certiorari
A petition asking the Supreme Court to hear the case
Writ of Certiorari
An official notice that the Supreme Court will review a case
Standing to Sue
Plaintiff must have a stake in the outcome of a case
Types of Jurisdiction
- In personam
- In rem
- Subject Matter
- Quasi in rem
In Personam Jurisdiction
Personal jurisdiction is obtained by:
The plaintiff by virtue of filing the suit
The Defendant by serving summons within the state, by mailing summons, or by publication
Party disputing jurisdiction may make a special appearance
In Rem Jurisdiction
Court has jurisdiction over the property of the lawsuit
Within state borders
Quasi in Rem Jurisdiction
Attachment jurisdiction
Attach property located in another state
Jurisdiction which allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching a property of the defendant located in another state
Long-Arm Statute:
State courts obtain jurisdiction over persons or businesses located in another state.
Allows summons to be served in other states
Must have minimum contact with state
Must uphold notions of fair play and substantial justice
Forum-Selection Clause - a contract provision that designates a certain court to hear any dispute concerned nonperformance of the contract
Tort Committed Within State
Property within state
Transaction occurred within state
Extradition
Subject Matter Jurisdiction
Exclusive Federal Jurisdiction
Concurrent Jurisdiction
State Court Jurisdiction
Venue:
The proper location (court) within the court system that has jurisdiction
I.E. County and city
Venue requires lawsuits to be heard by the court with jurisdiction closest to the location where the incident occurred or parties reside
Change of venue may be requested in order to find impartial jury
Subject Matter Jurisdiction
Purpose - Does the Court have Authority?
General Jurisdiction - Authority to hear any case
Limited - Authority to hear specific kinds of cases
Diversity of Citizenship
Federal Issues
Diversity of Citizenship:
Plaintiffs/Defendants - citizens of different states
Corporation is citizen of: state of corporation or citizen of state or principal business
Total activity test for corporation
Claim must by $75,000+
Parties to a Lawsuit:
Plaintiff vs. Defendant Counterclaim - counter plaintiff vs. counter defendant Appellant vs. Appellee Petitioner vs. Respondent Third-party Defendant
Class-Action Suits
Filed on behalf of all with similar claim Notice given to all members of class Plaintiff pay court courts Settlement - benefit class, release all claims
Procedural Rules:
- Pleadings
- Pre trial Motions
- Discovery
- Pretrial Conference
- Trial
- Post-trial Motions
- Appeal
Pre Trial Procedures:
- Pleadings: complaint & answer - counterclaims
2. Default
Discovery
Purpose: 1. Lawsuit based on merits of case 2. Assist in trial preparations 3. Narrow issues Methods: 1. Interrogatories 2. Request production of documents 3. Deposition 4. Request for admission 5. Medical and mental examinations
Motions:
- Question of law
- Statute of limitations
- Judgment on pleadings or summary
- Judgment
- Affidavits
- Frivolous case
Trial:
- Jury Selection - Voir Dire
- Preemptory challenges
- Opening statement - essential facts
- Introduction of evidence
- Directed verdict?
- Closing arguments
- Jury instructions
Burden of Proof:
Burden/responsibility of evidence
Criminal cases - beyond a reasonable doubt
Civil cases - preponderance of evidence and clear and convincing proof
Civil Case Decision
Judgment - in favor of party that won jury’s verdict
Judgment notwithstanding the verdict -post-trial motion, counter to jury’s verdict
Judicial Review
Power to interpret legislation and determine constitutionality
Judicial restraint - strict constructionism and change comes from political process
Judicial activism - court corrects society wrongs and value-oriented
Jurors:
Fact-finding body - petit jury
Size - usually 12, some provisions for smaller
Decision - usually unanimous, no reason given
Lawyers
System is adversarial
Functions as: 1. Counselor 2. Advocate 3. Public servant
Presents: 1. Evidence 2. Points of law 3. Arguments
Briefing a Case:
- Facts - key parties and actions
- Issue - what question needs to be answered?
- Decision/holding - how does the court respond?
- Reasons - Court’s logic for deciding issue based on facts
