COURT SYSTEMS AND JURISDICTION CHAPTER 2 COURT SYSTEMS AND JURISDICTION © 2010 Pearson Education, Inc., publishing as Prentice-Hall

Court Systems in U.S. Two major systems Federal court system Court systems of the 50 states and the District of Columbia Each has jurisdiction to hear different types of lawsuits.

State Court Systems Supreme Court Intermediate appellate courts Limited-jurisdiction trial courts General-jurisdiction trial courts 3

State Court Systems (continued) Limited-jurisdiction trial courts Hear matters of specialized or limited nature Traffic Court Juvenile Court Justice-of-the-peace Court Probate Court Family Law Court Misdemeanor Criminal Court Small Claims Court

State Court Systems (continued) General-jurisdiction trial courts Hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction courts Record and store testimony and evidence

State Court Systems (continued) Intermediate Appellate Courts Hear appeals from trial courts Review trial court record to determine if there have been any errors at trial that would require reversal or modification No new testimony or evidence

State Court Systems (continued) Highest State Court In most states called “supreme court” Hears appeals from intermediate state courts and certain trial courts No new testimony or evidence Decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court

Typical State Court System Appeal to State Supreme Court U.S. Supreme Court State Appeals Courts State Trial Courts of General Jurisdiction Domestic Relations Division Juvenile Division Civil Division Criminal Division Probate Division Small Claims Courts Justice of the Peace Courts Municipal Courts

Special Federal Courts Federal Court System U.S. Supreme Court U.S. Courts of Appeals Special Federal Courts U.S. District Courts 3

Federal Court System (continued) Special Federal Courts Hear matters of specialized or limited jurisdiction Tax Court Court of Federal Claims Court of International Trade Bankruptcy Court Court of Appeals for Armed Services Court of Appeals for Veterans Claims

Federal Court System (continued) U.S. District Courts Trial courts of general jurisdiction Impanel juries Receive evidence Hear testimony Decide cases Most federal cases originate in federal district court At least one district court in each state Judges have lifetime appointments

Federal Court System (continued) U.S. Courts of Appeals Intermediate appellate courts Hear appeals from the district courts located in their circuit 13 Circuits Lifetime appointments

Federal Court System (continued) U.S. Courts of Appeals (continued) 3-judge panel or en banc Review the record of lower courts or administrative agency proceedings Determine if there has been any error of law that would warrant reversal or modification of the lower court decision

Federal Court System (continued) U.S. Supreme Court Hears appeals from: Federal Circuit Courts of Appeals Federal District Courts, under certain circumstances Special federal courts Highest state courts No new evidence or testimony 9 Justices with lifetime appointments

The Federal Court System (continued) U.S. Supreme Court (continued) The lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision

Federal Court System (continued) U.S. Supreme Court (continued) Accepts about 100 cases each year May issue: Unanimous decision Majority decision Plurality decision Tie decision Justices may concur or dissent Decision of Court is final

Federal Court System (continued) Petition for Certiorai A petition asking the Supreme Court to hear case. Writ of Certiorai An official notice that the Supreme Court will review a case.

Federal Court System (continued) U.S. Supreme Court U.S. Courts of Appeals for the Federal Circuit U.S. Courts of Appeals (11 Territorial Circuits & D.C. Circuit) Many Federal Adminis-trative Agencies U.S. District Courts (96 Districts) U.S. Tax Court U.S. Claims Court U.S. Court of International Trade U.S. Patent and Trademark Office U.S. Bankruptcy Courts

Jurisdiction of Federal Courts Federal questions U.S. Constitution Treaties Federal statutes and regulations Diversity of citizenship Citizens of different states At least $75,000 in controversy

Jurisdiction of State Courts Cases that federal courts do not have jurisdiction to hear (e.g., probate cases) Matters involving state law Real estate Business law Sales and lease agreements Negotiable instruments Matters involving federal law

Jurisdiction of Federal and State Courts Exclusive Federal Jurisdiction Exclusive State Jurisdiction Admiralty Antitrust Bankruptcy Copyright Federal Crimes Patents Suits against the U.S. Other specified federal statutes Concurrent Jurisdiction Matters not subject to federal jurisdiction Federal questions Diversity of citizenship cases

Personal Jurisdiction of Courts Standing to Sue Jurisdiction Venue

Standing to Sue Plaintiff must have a stake in the outcome of case E.g., one cannot sue on behalf of a friend who has been injured

In Personam Jurisdiction Personal jurisdiction exists over any plaintiff who files a lawsuit. Personal jurisdiction exists over defendant who is within the boundaries of the state Corporation is subject to personal jurisdiction in any state where it is incorporated, has principal office, or does business

In Personam Jurisdiction (continued) Defendant is served notice of the lawsuit By personal service of summons By mailing summons By publication

In Personam Jurisdiction (continued) Long-Arm Statute allows state courts to obtain personal jurisdiction over persons or businesses located in another state Allows summons to be served in other states Must have minimum contacts with state Must uphold notions of fair play and substantial justice

In Rem and Quasi In Rem Jurisdiction Jurisdiction over the property of the lawsuit within state borders Quasi in rem: Attach property located in another state

Venue Court near location in which incident occurred or where parties reside. Several courts may have jurisdiction Which one is proper venue? E.g., crime occurred in California, so California court is likely venue May be change of venue to avoid pretrial publicity that may have prejudiced potential jurors.

Forum Selection, Choice-of-Law Clauses Parties may specify in a contract what court to use (forum selection) They may also agree on the state’s or country’s law that will apply to the contract (choice of law)