McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 3 The American Judicial System, Jurisdiction, and Venue

3-2 Chapter Overview The role and structure of the American judicial system. The function and authority of state and federal courts. How the law develops through court decisions. The circumstances when a court has the authority to hear a certain case. The appropriate location to resolve disputes.

3-3 ROLE OF THE JUDICIARY The judiciary has two primary roles: First, courts adjudicate disputes Second, certain courts are charged with the responsibility of judicial review

3-4 U.S. Supreme Court The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court. Although the Court has both original and appellate jurisdiction, the primary role of the court is to finalize a legal decision on any given case.

3-5 Writ of certiorari A discretionary order issued by the Supreme Court (and federal appellate courts) granting a request to argue an appeal. A party filing for an appeal must file a petition for a writ of certiorari.

3-6 State Courts The majority of court cases filed in the United States are filed in state courts. All states have two types of courts: state trial courts and state appellate courts

3-7 Federal Courts The principal trial courts are the U.S. district courts. Federal appellate courts are called the U.S. courts of appeal. Finally, the U.S. Supreme Court is the ultimate arbiter of federal law.

3-8 State Jurisdiction Jurisdiction is a court’s authority to decide a particular case based on: (1) who the parties are,  Long arm jurisdiction (2) the subject matter of the dispute

3-9 Federal Jurisdiction Authority over the Dispute Based on: Federal question Diversity of citizenship

3-10 Jurisdiction Implications in Cyberspace Minimum Contacts over the Internet The Zippo Standard  comprehensive scheme for testing a minimum contacts analysis of personal jurisdiction based on one party’s use of the Internet in its business

3-11 INTERNATIONAL JURISDICTION FOR INTERNET TRANSACTIONS The US, Canada, and the European Union have generally agreed to apply the law of the country where the defendant’s servers are located. This so-called country of origin principle allows courts an easy rule of thumb to determine choice of law.

3-12 learning outcome checklist Explain the role of the judiciary in the context of the American legal system. 3-2 Distinguish between the role of federal courts and state courts. 3-3 Identify the responsibilities of trial courts versus appellate courts.

3-13 learning outcome checklist 3-4 Articulate how the law develops via adjudication of cases. 3-5 Differentiate between subject matter jurisdiction and personal jurisdiction. 3-6 List the types of controversies over which federal courts have subject matter jurisdiction.

3-14 learning outcome checklist 3-7 Explain the role of long-arm statutes in determining personal jurisdiction. 3-8 Apply the minimum contacts test in both a traditional and cyber setting and describe the importance of the Zippo sliding scale. 3-9 Articulate the special problems posed by different international jurisdiction standards.