Let’s Begin w/ the Basics Court Structure and the anatomy of lawsuit * 1 1

Mandy has been found Thus, the next question will be: Who has jurisdiction, or What court will we be in? * 2 2

Jurisdiction The extent of a court’s authority to hear and resolve specific disputes

What jurisdiction’s law applies? Federal vs. State * 4 4

Federal Court U.S District Court – the trial court (one or more in each state) Circuit Court of Appeals – the appellate court (13 federal circuit courts) U.S. Supreme Court – the highest court * 5

Federal Court System US SUPREME COURT Appeals from State Supreme Court Court of Appeals from the armed forces US Court of Appeals (11 circuits) DC Circuit Federal Circuit Federal District Courts DC District Court of Federal Claims, Patents & Trademarks Court * 6

Federal Courts The trial court (US District Court) has jurisdiction over    - Federal Constitutional matters    - Violation of federal statutes (Federal Questions)    - Cases involving the US    -  Civil matters in excess of $75,000 AND Diversity of Citizenship (all parties are from different states)

State Court System State Court – Virginia Domestic/Juvenile/Traffic/Small Claims Court District Courts Circuit Courts Court of Appeals Virginia Supreme Court * 8

Virginia Supreme Court Virginia Court System Virginia Supreme Court Court of Appeals Circuit Courts District Courts Traffic Courts Juvenile Courts Small Claims Courts Domestic Courts * 9

State Courts Broad Jurisdiction Cases deal with citizens within the state borders Examples: Robberies, Traffic Violations, Broken Contract, Family Dispute Not allowed to hear cases: -- against the US -- specific federal law -- antitrust/bankruptcy

State & Federal Jurisdiction In some cases both federal and state courts have jurisdiction. This allows the parties to choose whether to go to state or federal court.

Examples Most criminal cases involve violations of state law and are tried in state court Robbery is a crime (found in state law) However, it would be a federal crime to rob a bank whose deposits are insured by a federal agency

Venue Determination of which state or federal court should hear the case. Venue – Latin for “neighborhood” State Case – County court where the plaintiff resides. Federal Case: Federal statute governs which district court is proper. * 13

Precedent vs. Stare Decisis If a court in an earlier case has developed a legal doctrine, principle, or rule that helps resolve a legal question – later courts addressing the same or substantially similar question should be able to look to earlier decisions for guidance

Precedent – an earlier decision on an issue that applies to govern or guide a subsequent court in its determination of an identical or similar issue – based on identical or similar facts Stare Decisis – a basic principle of the common law system that REQUIRES a court to follow a previous decision of that court or higher court when it involves issues or facts similar to those of an earlier decision. Stare Decisis is the doctrine that provides Precedent should be followed Provides stability, predictability, and consistency to court systems

Exceptions… The doctrine does not require strict adherence when: The earlier decision has become outdated The legislature had overruled the decision of a lower court The earlier decision was poorly reasoned OR has produced undesirable results

Anatomy of a Civil Lawsuit * 17

Accident * 18 18

Client conference * 19

Settlement fails * 20

Filing suit at the courthouse * 21

Discovery (deposition) * 22

Pre-trial * 23

Bench trial * 24

Jury Trial * 25

Litigation Process 1st – Information Gathering & Investigation Stage Interview Client Gather Facts Research the Law * 26

Deadlines for filing each pleading 2nd – Pleadings Stage Formal documents filed by the parties to initiate or respond to the litigation. Types: Complaint & Summons Answer Counterclaim Reply Deadlines for filing each pleading * 27

3rd – Discovery & Motions Stage Discovery – pretrial procedure by which the parties exchange information. Motions – oral or written request for the court to make a decision (ruling). * 28

4th – Trial Stage 1st Jury Selection 2nd Opening Statement 3rd Plaintiff Presents Case 4th Defendant Presents Case 5th Closing Argument 6th Jury Instructions/Charges 7th Jury Deliberation 8th Jury Verdict * 29

Appellee – responds to the appeal. 5th – Appeal Appellant – files the appeal. (Appellant/Plaintiff or Appellant/Defendant) Appellee – responds to the appeal. * 30

Court of Appeals/ US Supreme Court *Can only appeal issues of law. *May not appeal issues of fact. *Court must review all issues of law. *Supreme Court is not required to hear all cases * Writ of Certiori must be granted for US Supreme Court * 31