Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure Introduction To Litigation Litigation & Procedure Introduction To Litigation

The Court System

Key Terms Jurisdiction – The power or authority of a court to hear and decide the questions of law or fact (or both) presented by a lawsuit. Jurisdiction – The power or authority of a court to hear and decide the questions of law or fact (or both) presented by a lawsuit. Subject Matter Jurisdiction is the authority to hear cases based on the nature or subject matter of those cases (e.g., diversity of citizenship cases exceeding the amount of $75,000) Subject Matter Jurisdiction is the authority to hear cases based on the nature or subject matter of those cases (e.g., diversity of citizenship cases exceeding the amount of $75,000) Personal Jurisdiction is jurisdiction over the person; authority to impose a binding judgment on a party; achieved with service of process. Personal Jurisdiction is jurisdiction over the person; authority to impose a binding judgment on a party; achieved with service of process.

Key Terms (cont’d) Venue – “Neighborhood”; the geographical area in which a court with jurisdiction can hear a case; distinct from jurisdiction. Venue – “Neighborhood”; the geographical area in which a court with jurisdiction can hear a case; distinct from jurisdiction.

Federal Courts Federal Question Cases Federal Question Cases A claim based on the United States Constitution, a federal statute, or a federal treaty A claim based on the United States Constitution, a federal statute, or a federal treaty Diversity Cases Diversity Cases When the plaintiff and defendant are citizens of two different states, AND When the plaintiff and defendant are citizens of two different states, AND the amount in dispute is greater than $75,000 the amount in dispute is greater than $75,000 Two kinds of civil lawsuits permitted in Federal Courts -

Trial Courts Trial Courts United States District Courts are the primary trial courts in the federal system. United States District Courts are the primary trial courts in the federal system. The nation is divided into about 94 districts (based on population), each with its own District Court. The nation is divided into about 94 districts (based on population), each with its own District Court. There are also specialized trial courts, such as Bankruptcy Court and Tax Court. There are also specialized trial courts, such as Bankruptcy Court and Tax Court. Appellate Courts Appellate Courts United States Courts of Appeals are the intermediate courts of appeals. The nation is divided into circuits. United States Courts of Appeals are the intermediate courts of appeals. The nation is divided into circuits. The highest appeals court is the United States Supreme Court. The highest appeals court is the United States Supreme Court. Federal Court System

The Federal Court System United States Supreme Court (Highest Appeals Court) United States Supreme Court (Highest Appeals Court) Nine Justices; appointed for life; may refuse to hear a case; final authority Three judges hear each case, brought up from the District Courts. Hears appeals from specialized trial courts. U.S. Tax Courts U.S. Tax Courts U.S. District Courts (94 Districts) U.S. District Courts (94 Districts) U.S. Bankruptcy Courts U.S. Bankruptcy Courts Various Federal Agencies Various Federal Agencies Primary Trial Court Trial Courts of Limited (Specific) Jurisdiction U.S. Court of International Trade U.S. Court of International Trade U.S. Court of Claims U.S. Court of Claims U.S. Patent & Trademark Office U.S. Patent & Trademark Office Trial Courts of Limited (Specific) Jurisdiction U.S. Court of Appeals for the Federal Circuit U.S. Court of Appeals for the Federal Circuit U.S. Court Of Appeals (12 Circuits) U.S. Court Of Appeals (12 Circuits) Lower Appeals Courts

Geographic Boundaries of United States Courts of Appeals and United States District Courts DC Fed

 Bankruptcy Court, Tax Court, Court of International Trade, Patent and Trademark Court - These trial courts in the federal system hear cases appropriate to their names (tax cases in the Tax Court, etc.) Appeals from the Bankruptcy and Tax Courts are heard by the Court of Appeals in the appropriate circuit. Appeals from the Court of International Trade and the Patent & Trademark Court are heard by the Court of Appeals in the Federal Circuit.  U.S. Court of Claims - Hears cases brought against the United States, typically on contract disputes.  Various Federal Agencies - Though not actually a part of the Judicial Branch of the Federal government, many Federal agencies have the power to create and enforce appropriate regulations.  Bankruptcy Court, Tax Court, Court of International Trade, Patent and Trademark Court - These trial courts in the federal system hear cases appropriate to their names (tax cases in the Tax Court, etc.) Appeals from the Bankruptcy and Tax Courts are heard by the Court of Appeals in the appropriate circuit. Appeals from the Court of International Trade and the Patent & Trademark Court are heard by the Court of Appeals in the Federal Circuit.  U.S. Court of Claims - Hears cases brought against the United States, typically on contract disputes.  Various Federal Agencies - Though not actually a part of the Judicial Branch of the Federal government, many Federal agencies have the power to create and enforce appropriate regulations. Federal Forums of Limited (Specific) Jurisdiction

Trial Courts Trial Courts Almost all cases begin in trial courts, with a judge and usually a jury. Almost all cases begin in trial courts, with a judge and usually a jury. Trial courts determine the facts of a particular dispute and apply the law to those facts. Trial courts determine the facts of a particular dispute and apply the law to those facts. Courts can only hear cases under their jurisdiction. Courts can only hear cases under their jurisdiction. Appellate Courts Appellate Courts Appeal courts generally accept the facts given to them by trial courts and just review the trial record to see if the court made any errors of law. Appeal courts generally accept the facts given to them by trial courts and just review the trial record to see if the court made any errors of law. The highest appeals court in a state is the state Supreme Court. The highest appeals court in a state is the state Supreme Court. State Court System

Trial Courts Trial Courts District Courts and the Boston Municipal Courts are the primary trial courts that handle civil cases <$25,000 and criminal cases where the penalty is <5 years. District Courts and the Boston Municipal Courts are the primary trial courts that handle civil cases <$25,000 and criminal cases where the penalty is <5 years. Superior Courts are the primary trial courts that handle civil cases >$25,000 and criminal cases where the penalty is >5 years. There are 14 Superior Courts whose jurisdictions are divided by county. Superior Courts are the primary trial courts that handle civil cases >$25,000 and criminal cases where the penalty is >5 years. There are 14 Superior Courts whose jurisdictions are divided by county. There are also specialized trial courts, such as Small Claims Courts and Traffic Courts. There are also specialized trial courts, such as Small Claims Courts and Traffic Courts. Appellate Courts Appellate Courts The Massachusetts Appeals Court is the intermediate courts of appeals. The Massachusetts Appeals Court is the intermediate courts of appeals. The highest appeals court is the Massachusetts Supreme Judicial Court. The highest appeals court is the Massachusetts Supreme Judicial Court. Massachusetts Court System

The Massachusetts Court System Trial Courts of Limited (Specific) Jurisdiction Trial Courts of General Jurisdiction One judge; may have jury Supreme Judicial Court (Highest Appeals Court) Supreme Judicial Court (Highest Appeals Court) Five Justices sit en banc; may refuse to hear a case; final authority Traffic Courts Traffic Courts Small Claims Courts Small Claims Courts Massachusetts Appeals Court (Lower Appeals Court) Massachusetts Appeals Court (Lower Appeals Court) Three Justices sit en banc; never a jury Superior Courts Superior Courts District Courts District Courts Boston Municipal Court Boston Municipal Court Probate & Family Courts Probate & Family Courts Housing Courts Housing Courts Land Courts Land Courts Juvenile Courts Juvenile Courts

 Small Claims Courts – Hear only civil suits under $2,000  Traffic Courts – Hear only traffic cases  Juvenile Courts – Hear only cases involving minors  Land Courts – Hear land and real property disputes  Probate Courts – Settle estates of deceased persons  Family Courts – Handle marital and child custody issues  Housing Courts – Handle landlord/tenant disputes  Small Claims Courts – Hear only civil suits under $2,000  Traffic Courts – Hear only traffic cases  Juvenile Courts – Hear only cases involving minors  Land Courts – Hear land and real property disputes  Probate Courts – Settle estates of deceased persons  Family Courts – Handle marital and child custody issues  Housing Courts – Handle landlord/tenant disputes Massachusetts Courts of Limited (Specific) Jurisdiction

Litigation Roadmap

Pretrial Hearing Steps to Enforce and Collect Judgment Requests for New Trial and Other Post-Trial Matters Appeal Formal Investigation (Discovery) Opponent Drafts Answer Informal Investigation Initial Client Interview Opponent Attacks Complaint, Request for Dismissal Hiring of Attorney or Firm, Signing the Retainer Serve on Opponent Draft and File Complaint Accident, Breach of Contract, or Other Event Trial Further Discovery and Preparation for Trial Attempts to Settle Case (Including ADR) May End Case Request to End Case on Available Information (Motion for Summary Judgment)

Documents and Filings

StageDocuments Filed/NeededResources Consulted Presentation of Problem Intake Form Engagement Letter Relevant Forms Firm Policies and Procedures Research Fact Gathering/ Interviewing Public Document Info Pleadings Complaint Answer Motion to Dismiss Motion for Judgment on Pleadings Rules (local, state, Federal) Relevant Forms Scheduling Order/ Pre-Trial Order Discovery Initial Disclosures Subpoenas Notices of Depositions Discovery Motions Rules (local, state, Federal) Relevant Forms Scheduling Order/ Pre-Trial Order Motion Practice Summary Judgment Motions in Limine Rules (local, state, Federal) Relevant Forms Scheduling Order/ Pre-Trial Order

StageDocuments Filed/NeededResources Consulted Trial Pre-Trial Memo Trial Brief Jury Instructions Rules (local, state, Federal) Model Jury Instructions Relevant Forms Scheduling Order/ Pre-Trial Order Post-TrialPost-Trial Motions Rules (local, state, Federal) Relevant Forms Appeal Notice of Appeal Briefs Rules (local, state, Federal) Relevant Forms SettlementSettlement Agreement Client Relevant Forms

End of Introduction to Litigation