Instructor Erlan Bakiev, Ph. D.

Chapter 2 Courts and Jurisdiction

Court Systems in Kyrgyzstan Justice in Kyrgyzstan is implemented by the courts alone. Judicial power is exercised by means of constitutional, civil, criminal, administrative, and other forms of legal proceedings. 2-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Court Systems in Kyrgyzstan State court systems: Constitutional Court Supreme Court Local Courts 2-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

State Court Systems The judicial system of the Kyrgyz Republic is prescribed by the Constitution and laws Consists of the Constitutional Court, Supreme Court and local courts. Constitutional law may establish specialized courts 2-3

State Court Systems Judge of the Constitutional Court or the Supreme Court shall be a citizen of the Kyrgyz Republic not younger than 35 years old and no older than 70 years, Has a law degree and experience in the legal profession for at least ten years. Judges of the Constitutional Court and the Supreme Court are elected by the Members of Parliament (Jogorku Kenesh) by submission of the President for a term of 10 years. 2-4

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. State Court Systems Judge of a local court shall be a citizen of the Kyrgyz Republic not younger than 25 years and not older than 65 years, Has a law degree and experience in the legal profession for at least five years. Court judges are appointed by the President with the consent of the Jogorku Kenesh for 7 years. 2-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Constitutional Court Kyrgyz Constitutional Court is the highest judicial body for the protection of the Constitution, Consists of the Chairman, Deputy Chairman and seven judges of the Constitutional Court. 2-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Constitutional Court of Kyrgyzstan (Supreme Court now) Functions: declared unconstitutional the laws and other normative legal acts in the case of conflict with the Constitution; resolves disputes relating to the operation, application and interpretation of the Constitution; determines the validity of the election of the President; provide an opinion on the question of the removal from office of the President and judges of the Constitutional Court, Supreme Court; 2-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Constitutional Court of Kyrgyzstan Cont. consents to the involvement of local judges to criminal liability; provide an opinion on the amendments and additions of the Constitution; annuls the decisions of local authorities, contrary to the Constitution; decide on the constitutionality of political parties, public associations and religious organizations. 2-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Constitutional Court of Kyrgyzstan Cont. Constitutional Court's decision is final and not appealable. Establishment of the Constitutional Court of the unconstitutionality of laws and other acts cancels their effect on the territory of the Kyrgyz Republic, as well as cancel the effects of other normative and other acts, based on the act declared unconstitutional, except for judicial acts. 2-9

Supreme Court of Kyrgyzstan The Supreme Court The Supreme Court is the highest judicial authority in the field of civil, criminal and administrative proceedings, as well as other cases provided for by the laws of Kyrgyzstan. In the Supreme Court, the judicial boards and commissions, whose powers are defined by laws. 2-10

Supreme Court of Kyrgyzstan Cont. Kyrgyzstan's Supreme Court consists of 24 judges: chairman; four vice-presidents; thirty judges. In the Supreme Court, the judicial boards and commissions, whose powers are defined by laws. . 2-11

Supreme Court of the United States The Supreme Court is an appellate court Lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision The Supreme Court’s decision is final 2-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Supreme Court of the United States Decisions of the U.S. Supreme Court Unanimous Majority Plurality Tie Petition for certiorari: A petition asking the Supreme Court to hear a case 2-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Supreme Court of the United States Writ of certiorari: An official notice that the Supreme Court will review a case A justice who agrees with a case’s outcome but differs in reason for decision issues a concurring opinion A justice who does not agree with a decision can file a dissenting opinion 2-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Jurisdiction of Federal Courts Federal question cases Arise from: U.S. Constitution Treaties Federal statutes and regulations No dollar-amount limit on cases Diversity of citizenship Citizens of different states At least $75,000 in controversy 2-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Jurisdiction of Federal Courts Federal courts have exclusive jurisdiction to hear cases involving: Federal crimes Antitrust Bankruptcy Patent and copyright issues Suits against the United States These courts also hear most admiralty cases 2-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 2.1: U.S. Supreme Court Diversity of Citizenship Hertz Corporation v. Friend 130 S.Ct. 43, 174 L.Ed.2d 627, Web 2009 U.S. Lexis 5114 (2009) Supreme Court of the United States Issue Is Hertz Corporation a citizen of California? 2-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Jurisdiction of State Courts Hear cases that federal courts do not have jurisdiction to hear Concurrent jurisdiction with federal courts to hear cases involving: Diversity of citizenship Federal questions over which federal courts do not have exclusive jurisdiction The defendant decides which court hears a concurrent jurisdiction case 2-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue Standing to Sue: Plaintiff must have a stake in the outcome of case In Personam Jurisdiction: A court’s jurisdiction over a person A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over himself or herself 2-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue In Personam jurisdiction Personal jurisdiction exists over a defendant who is within the boundaries of the state A corporation is subject to personal jurisdiction in the state where it is incorporated, has principal office, or does business 2-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue Long-arm statute Allows state courts to obtain personal jurisdiction over persons or businesses located in another state or country Allows summons to be served in other states Defendant must have some minimum contact with the state 2-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue Long-arm jurisdiction Exercised over non-residents who have: Committed torts within the state Entered into a contract either in the state or that affects the state Transacted other business in the state that allegedly caused injury to another person 2-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue In rem jurisdiction: Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit Quasi in rem jurisdiction: Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state 2-23 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Standing to Sue, Jurisdiction, and Venue Lawsuits must be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside Change of venue - to avoid pretrial publicity Forum-Selection and Choice-of-Law Clauses Parties’ contract specifies which court will hear a legal dispute 2-24 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 2.2: Jurisdiction over an Internet Seller Chanel, Inc. v. Banks Web 2010 U.S. Dist. Lexis 135374 (2010) United States District Court for Maryland Issue Does the court have personal jurisdiction over the defendant? 2-25 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-26 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.