Exam 2 - Courts (Ch. 3) - PowerPoint [UNEDITED]

Question 1

Do I get a piece?

Answer 1

pink convertible

Question 2

Virginia court system

Answer 2

• Supreme Court of Virginia
• Court of Appeals of Virginia
• Circuit Courts
• General District Courts
• Juvenile and Domestic Relations Courts

Question 3

Virginia Courts – Fairfax

Answer 3

Circuit Court
General District Court
Juvenile and Domestic Relations Court

Question 4

Virginia District Courts

Answer 4

Limited jurisdiction trial court (minor crim and civil cases)
All misdemeanors (penalty up to one year in jail or fine up to $2500) and all offenses that are violations of ordinances, laws, and by-laws of the county or city
No jury trials
Civil cases – damages can’t exceed $15,000
Small claims division (claims less than $4500)

Question 5

Virginia Juvenile and Domestic Relations Court (JDR)

Answer 5

Types of cases
Duty to protect confidentiality and privacy of child (under 18)
No jury trials
Limited jurisdiction

Question 6

Virginia Circuit Courts

Answer 6

Only trial court of general jurisdiction in VA
If claim is over $25,000, must go to circuit court
All felonies
Fairfax Circuit Court

Question 7

Virginia Court of Appeals/Supreme Court of Virginia

Answer 7

Court of Appeals – not a trial court – hears appeals. 11 judges (serve 8 year terms). This court is known as an intermediate appellate court
Supreme Court of Virginia – the top court– 7 justices (12 year term)
Supreme Court reviews decisions of lower courts in Virginia from which appeals have been filed

Question 8

Fairfax Circuit Court

Answer 8

Located – Jennings Building Judicial Center
19th judicial circuit
Name changes

Question 9

Judicial Review

Answer 9

The role of the courts in the American government is to interpret and apply the law.

Through the process of judicial review—determining the constitutionality of laws—the judicial branch acts as a check on the executive and legislative branches of government.

Question 10

Marbury v. Madison

Answer 10

The power of judicial review was established by Chief Justice John Marshall in Marbury v. Madison, well after the Constitution had established the other checks and balances within the federal government.
See text page 55

Question 11

jurisdiction

Answer 11

Latin 
In personam jurisdiction
In rem jurisdiction
Long arm statute
What about a corporation

Question 12

In personam jurisdiction

Answer 12

In personam- if u live in that county then u can bring the case to that county

Question 13

In rem jurisdiction

Answer 13

Rem jurisdiction=subject matter

In rem if you live in that county then u can file it in fairfax jurisdiction of the subject matter

Question 14

What about a corporation

Answer 14

Corporations have to have registered agents. Can be sued think about being sued.

Question 15

Long arm statute

Answer 15

How would ffx county issue reckless to NY resident. It is through long arm statute. You can be charged with offense and go to virginia court system.

Question 16

Basic Jurisdictional Requirements - to effectively file a lawsuit, these requirements must be met.

Answer 16

jurisdiction
venue
standing to sue

Question 17

Limited jurisdiction

Answer 17

Exists when a court is limited to a specific subject matter, such as probate or divorce.

Question 18

General jurisdiction

Answer 18

Exists when a court can hear any kind of case

Question 19

Original jurisdiction

Answer 19

Exists with courts that have authority to hear a case for the first time (trial courts).

Question 20

Appellate jurisdiction

Answer 20

Exists with courts of appeals, or reviewing courts.

Generally appellate courts do not have original jurisdiction.

Question 21

Federal Jurisdiction

Answer 21

A federal court can exercise jurisdiction:
When a federal question is involved (when the plaintiff’s action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law).
When a case involves diversity of citizenship (citizens of different states, for example) and the amount in controversy exceeds $75,000.

Question 22

federal question example

Answer 22

Orange is the new black=woman does drugs and have drug money. Charged under conspiracy statue. Criminal action/all encompassing action would end up in federal instead of state criminal court.

Question 23

diversity of citizenship example

Answer 23

Resident from VA and plaintiff from VA defendant from MD.

Question 24

Concurrent jurisdiction

Answer 24

Exists when two different courts have authority to hear the same case.

Question 25

Exclusive jurisdiction

Answer 25

Exists when only state courts or only federal courts have authority to hear a case.

Question 26

Venue

Answer 26

Venue has to do with the most appropriate location for a trial
Civil – usually where parties reside
Criminal – usually where crime occurred

Question 27

Factors to change venue

Answer 27

pretrial publicity –

in criminal case – is def right to a fair and impartial jury impaired.

Question 28

George Zimmerman venue example

Answer 28

Zimmerman did not want case in where he was arrested, because everybody there heard about it.
Change of venues is not as common now because internet dispersement of issues. Not sure if you can get a venue where hasn’t heard about george zimmerman, lot of publicity may ask for change of venue because jury may not be fair.

Question 29

Standing to Sue

Answer 29

A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system.
The controversy at issue must also be a justifiable controversy, one that is real and substantial, as opposed to hypothetical or academic.

Question 30

boy scout example (standing to sue)

Answer 30

Ex:when son was boyscott. One of badges with medal had led in it. If you ingest led it can cause illnesses to you. Parent hears it on news and concerned for child. Concern if son touch it but found out only sick from consuming it.
Cant just file a lawsuit he ate it and got led poisoning against manufacturer of badge. It has to be a real lawsuit.

Question 31

pet food recall example (standing to sue)

Answer 31

Ex:lot of pet food recalls. Scienece diet dog food. Because something toxic in food, dog never got sick though. No costs/damages cannot file lawsuit. Do not have standing to sue. Only dogs got sick or had damages/big vet fees/dog died-had a real interest at stake.
Lawsuit – spill coffee on self
If lawsuits filed over things “could have” happened courts would be clogged.

Question 32

Federal courts of general jurisdiction

Answer 32

U.S. District court

Question 33

Federal courts of limited jurisdiction

Answer 33

U.S. Tax Court
U.S. Bankruptcy Court
U.S. Court of Federal Claims

Question 34

State courts of general jurisdiction

Answer 34

Courts of general jurisdiction may be called by a variety of names.

Question 35

State courts of limited jurisdiction

Answer 35

Divorce courts
Probate courts
Traffic courts
Small claims courts

Question 36

Intermediate Appellate Courts

Answer 36

Courts of appeals, or reviewing courts, generally do not have original jurisdiction.
Such courts in the federal system are called the U.S. Circuit Courts of Appeals.
The U.S. Courts of Appeals are divided into twelve circuit courts (next slide) which hear appeals from federal district courts located in their jurisdictions. A thirteenth circuit, called the federal circuit, hears appeals in certain special types of cases.

Question 37

U.S. Courts of Appeal and U.S. District Courts

Answer 37

-know that there are numbered courts, and about federal circuit court

Question 38

Closest Trial Court

Answer 38

Closest Trial Court= United States District Court for the Eastern District of Virginia
Abbreviated is as USDC(EDVA)
Located in Alexandria, VA
Known by lawyers as the Rocket Docket because the judges are in the court like for cases to move really fast .
-puts defendant at disadvantage when intiate lawsuit by filing complaint, have all documents, have had chance to think.
EDVA, defendant have 30 days to respond to complaint. Admit or deny
The plaintiff who choose which court to file in has had chance to think about these things.

Question 39

…

Answer 39

Ex:Behrs sueing for big pharmaceutical company, patent infringment working long time.
Advantage to be plaintiff in that case.
She was student attourney regards to traffic violations in george washington parkway by reagan national airport.
Might have trial in that court. Judges are very strict in that car.
Speeding case with police officer, judge was older man small man look like little turtle. Office was big,huge.

Question 40

…

Answer 40

**If you lost in EDVA, and were to appeal to next federal court, it would be U.S. Court of Appeals fourth circuit-fairly conservative
9th circuit california-more liberal
Depends on who president appoints

Question 41

US court of federal claims

Answer 41

US court of federal claims (very limited jurisdiction court) appeals goes to US Court of Appeals (US Ct. of A.) for the federal circuit located in Washington D.C.

Question 42

Contract disputes

Answer 42

Contract disputes-go to US CT of Federal Claims

-very limited cases hears a lot of contract cases with US government./american indians/cases regarding vaccines

Question 43

Supreme Courts

Answer 43

Each state has a supreme court, although it may be called by some other name, whose decisions are final on questions of state law.
Appeals from a state supreme court to the U.S.
Each state has high court, some state called supreme court, some state called something else.

Question 44

U.S. Supreme Court

Answer 44

Supreme Court is possible only if a federal question is involved.
The U.S. Supreme Court is the highest court in the federal system and the final arbiter of the Constitution and federal law.
Writ of certiorari
Rule of four

Question 45

…

Answer 45

Supreme Court of US cannot hear every case entitled, hear limited amount. Start term in October. If you want to file a writ of certiorari. If court grants it, then case will be heard by supreme court. If court denies it, then it doesn’t mean the court has expressed merits on judgement of case. They just choose not to hear the case.
In october the court has already decided which to hear, the ones most important.
Ex:US Ct of Appeal for Federal Circuit got so far got writ of certiorari,
Rule of four: grant writ of certiorari. Four justices decide it’s a case worthy of them hearing.All 9 don’t have to agree.

Question 46

Following a State Court Case

Answer 46

Filing pleadings
Pre-trial motions
Discovery
Pre-trial conference
Trial
Post-trial motions
Appeal

Question 47

litigation

Answer 47

The process of resolving a dispute through the court system

Question 48

docket

Answer 48

schedule of the courts
what room its in
what judge it is
Every court has a docket

Question 49

The Pleadings

Answer 49

Complaint:
Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant.
Answer:
Admits or denies allegations made by the plaintiff; may assert a counterclaim or an affirmative defense.

Question 50

pleadings process

Answer 50

Start with lawsuit. Documentation filed is complaint by the plaintiff
Defendant finds out through serving of the summon. Criminal, Sometimes sheriff agency serve summon or police entity. If civil case, process servers serve the complaint to defendant.
Tort lawsuit/civil lawsuit defendant has to find out beng sued formal notice. Done by summons
Response to complaint is an answer. The answer has to admit or deny allegations in complaint. Can assert a counterclaim.

Question 51

…

Answer 51

ex: breach of contract lawsuit. Plaintiff enters into renovating kitchen with work in contract. Did not do quality work, door fell off. Joes Company responds and denies and says “the plaintiff changed the scope of the contract and required more work” we entered into the contract 2008 the statue of limitations is 2 years its 2012. its been 4 years. They took too long to file a complaint. Have to respond honestly, have backup. Defendant can ask for extension of 30 days fo rcomplicated cases such as patent case
VA circuit court-do not grant extensions unless exceptional case.

Question 52

counterclaim

Answer 52

-Plaintiffs have to respond to counterclaim file a document called a reply.

Question 53

Default Judgment

Answer 53

Defendant never shows up/submits answer/disappears? What happens? Court can grant default judgement. Everything in your complaint is true.
That day receive judgment of 20000 dollars. Good thing but at same time if defendant didn’t show up maybe they don’t have money. Is that judgment really going to do any good? File another lawsuit for them to pay me? Only good if defendant has the money.

Question 54

Motion to dismiss:

Answer 54

A request to the court to dismiss the case for stated reasons, such as the plaintiff’s failure to state a claim for which relief can be granted.
Any part of the case, motions can get filed.
-motion to dismiss case for lack of jurisdiction = most common reason
Ex: contract sign in MD, work in Md, everything in MD. Some raeson plaintiff filed in fairfax circuit court.

Question 55

discovery

Answer 55

The process of gathering evidence concerning the case. Discovery involves:
Depositions (sworn testimony by a party or a witness).
Interrogatories (written questions by one party towards the other made with assistance from the attorneys).
Various requests (for admissions and documents).

Question 56

discovery examples

Answer 56

When someone files complaint whether tort/contract. They have idea of case, but not change to talk to all people who have info on case.
Discovery=interview find out about case. Formal way to talk to all witnesses in case.
Despositions/interrogatories/request for production=discovery tools
First send out requrest for documents
Then interrogatories (ask questions) who in joes company had authority to change the contract?? (person might not have had authority to change contract) who had authority to sign change order to allow more work? Who had authority to authrozie different handle on work then one speculated in contract?
Then do depositions maybe from head of company who is doing the work what happen why was this in contract.
Were clients whirlpool, GE

Discovery can be time consuming/complicated. Would panic if in US CT of A fed circuit Alexandria va

Question 57

Pretrial Conference

Answer 57

Either party or the court can request a pretrial conference to:
Identify the matters in dispute after discovery has taken place, or
To plan the course of the trial.

Question 58

Jury Selection

Answer 58

The jury selection process, also known as voir dire, consists of questions directed to prospective jurors to assess potential bias.
Constitution right is have right to jury trial. Process of selecting jury known as voir dire.
Make sure juror fair/impartial not biased and not based on personal experiences

Question 59

jury selection example

Answer 59

Daughter got called for jury in Fairfax Ct for a case of posession schedule A drug/narcotic. They asked her and jurors if had been involved as victim of drug/use drugs. Trial went for couple of hours. Came to a hung jury (unanimous decision at an impass) 9 people on jury. Judge asked juror panel to think about it overnight without looking it up on internet/telling others. 30’s yr old man wear pajama pants to friend house. At bar drinking. He sees police officer makes contact and is weird. They end up arresting him for disorderly conduct/drunkenness in public. They handcuff him and he try get something out of his pant pocket. They found in extra pocket, illegal drugs couple of pills looked like vitamins in shape of character from South Park.
His defense were: they were not in my pants. They were playing poker and borrowed a pair of jeans from guys.
The next day when jury came back. Daughter thought he was guilty. Found guy not guilty.
Only went to circuit court because of the drugs found not disorderly conduct.

Question 60

voir dire example

Answer 60

Ex:rape case. Juror who has been through rape/abusive attack.
Voir dire happen quickly except george zimmerman case where they might hire company to hire a fair jury.
There is a whole science behind jury selection.
Preemptive-just feel like is biased not based on ethnicity/race

Question 61

…

Answer 61

Good thing we have established procedures for trials.
Bad when evidence is suppressed because it was tampered with.
Guilty people go free, you have certain rights as a defendant (constitution rights are a priority)

Question 62

course of a trial

Answer 62

Opening Statements
Plaintiff’s Introduction of Evidence
Defendant’s Introduction of Evidence
Closing Arguments

Question 63

Opening Statements

Answer 63

An opening statement sets forth the facts which the attorneys expect to prove during the trial.
Note that such statements are not themselves evidence, but instead an argument as to what the evidence will show.

Question 64

Introduction of Evidence

Answer 64

The plaintiff’s case may consist of relevant documents, exhibits, and testimony of witnesses.
The defense is then given the chance to challenge any of the plaintiff’s evidence and cross-examine his witnesses.
Rebuttal-do after redirect, recross

Question 65

Closing Arguments

Answer 65

After the defense concludes the presentation of its case, the attorneys present their closing arguments to the jury.
Attorneys use the evidence established at trial to urge the jury to render a verdict in favor of his or her client.

Question 66

The Appeal

Answer 66

Appeal of a trial court decision
Record, briefs, argument
Record gets sent to appelate court, when appealed.
When at appeal level not a trial anymore. All on paper.
Appelate work in civil/criminal case= all through attourneys who write briefs which explain why trial court made right/wrong decision.

Question 67

Enforcing the Judgment

Answer 67

Securing a verdict does not mean there are assets to pay the judgment.
One of the primary factors to decide before filing suit is whether the defendant has resources or assets to pay a judgment.
Civil lawsuit. Contract, tort action.
Just cause you win doesn’t mean defendant can pay.
You can take legal steps to make sure they pay but money might not ever be there.

Question 68

ADR: Negotiation and Mediation

Answer 68

Alternative dispute resolution methods differ in the degree of formality involved and the extent to which third parties participate in the process.
Settlement is always a possiblility, judge Encourages settlement between parties.
**Sometimes Alternative Dispute Resolution
**Or negotiation, two parties don’t have attourneys and try to reach settlement without help of attourney

Question 69

ADR example

Answer 69

Ex: job at civil service commission. With some penalty/termination for performance there is a possibility parties can meet wth each other and settle.
Work 10 years took a break and went back. First 5 cases settled and could not settle the cases.
Prehearing case- decided better not to go and settled.

Question 70

…

Answer 70

Situation:daycare worker at daycare facility with preschool children. Lady went to first day of work of that season. was payroll for preschool for 5 years. She was sick tha tmorning had stomache bug, kept going to bathroom. She had charge of the kids. She probably told someone to watch the kids while she went to throw up. Somehow a child got out of the classroom and wondered out of the building into the parking lot.
VERY BAD in daycare center. Another parent bringing kid saw kid wondering outside. Brought kid back to room. Gave lady disciplinary action of 10 day suspension. (bad because losing two weeks pay wont be able to pay expenses serious issue)
She appealed issue to comension. She may have said: was hardly sick that day. Couldn’t call in sick.
She wasn’t being an awful employee. She said it was justifiable one day but not ten days.
Got to hearing, a year later. Most businesses have turnover, not all employees available anymore. They could ask fromer employees to testify, but not mandate it. All her bosses had said she did a great job but had to give her disciplinary action.
Long hearing was not of value because agreed she was a good worker.
Before hearing, asked both attourneys to step outside. Said that both sides don’t have witnesses and just settled the case instead. She working for a year now, no other violations.
Case was right for a settlement not court hearing. Why waste time?

Question 71

Negotiation

Answer 71

The parties come together, with or without attorneys to represent them, and try to reach a settlement without the involvement of a third party.

Question 72

Mediation

Answer 72

The parties themselves reach an agreement with the help of a third party, called a mediator, who proposes solutions.

Question 73

Arbitration

Answer 73

A more formal method of ADR in which the parties submit their dispute to a neutral third party, the arbitrator, who renders a decision, which may or may not be legally binding, depending on the circumstances.
Some courts refer certain cases for arbitration before allowing the cases to proceed to trial; in most cases, this kind of arbitration is nonbinding on the parties.

Question 74

arbitration process

Answer 74

1. submission - act of referring a dispute to an arbitrator
2. hearing - evidence and arguments are presented to the arbitrator
3. award - decision of the srbitrator

Question 75

Enforcement of Agreements to Submit to Arbitration

Answer 75

When a dispute arises as to whether or not the parties have agreed to submit a particular matter to arbitration, one party may file suit in court to compel arbitration.
The court’s role is essentially interpreting a contract, either the arbitration clause or submission agreement, to determine to what the parties have committed themselves.