Chapter 2 Courts and Jurisdiction

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Court Systems in U.S. Federal court system State court systems 2-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. State Court Systems Limited-jurisdiction trial courts Hear matters of specialized or limited nature Decision can be appealed to appealed to a general jurisdiction court or an appellate court Small claims courts hear civil cases involving small dollar amounts 2-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. State Court Systems General-jurisdiction trial courts Hear cases that are not within the jurisdiction of limited-jurisdiction trial courts Record and store testimony and evidence Decisions are appealable to an intermediate appellate court or the state supreme court 2-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. State Court Systems 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 permitted 2-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. State Court Systems Highest State Court Called “supreme court” in most states Hears appeals from intermediate state courts and certain trial courts No new testimony or evidence permitted Decisions of state supreme courts are final, unless a question of law is involved 2-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Federal Court System Special Federal Courts Limited jurisdiction Tax Court Court of Federal Claims Court of International Trade Bankruptcy Court Court of Appeals for the Armed Forces Court of Appeals for Veterans Claims 2-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Federal Court System U.S. District Courts Trial courts of general jurisdiction Impanel juries Receive evidence Hear testimony Decide cases At least one district court in each state Judges have lifetime appointments 2-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Federal Court System U.S. Courts of Appeals Intermediate appellate courts Hear appeals from the district courts located in their circuit 13 Circuits Lifetime appointments 3-judge panel 2-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Federal Court System U.S. Courts of Appeals 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 No new evidence or testimony is heard Petitioner can request an en banc review 2-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Supreme Court of the United States Located in Washington, DC Hears appeals from: Federal Circuit Courts of Appeals Federal District Courts Special federal courts Highest state courts No new evidence or testimony heard 2-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

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.