© 2012 South-Western, a part of Cengage Learning 1 Chapter 3 The Court System

© 2012 South-Western, a part of Cengage Learning Quote "A fox should not be the jury at the goose's trial"  Thomas Fuller,

© 2012 South-Western, a part of Cengage Learning What Is a Court? A neutral forum authorized and funded by government to provide for the resolution of disputes between people and organizations 3

© 2012 South-Western, a part of Cengage Learning Types of Courts TRIAL COURTS  Presentation of evidence  Determination of applicable law  Application of decided facts to applicable law  Jury finder of fact. Judge determiner of law and instructions to jury  Plaintiff  Defendant  “Liability” versus “guilt” 4

© 2012 South-Western, a part of Cengage Learning Types of Courts Appellate Courts  Review of trial court record to ensure proper application of the law  Acceptance of facts offered in trial court  No evidence presented and no jury present Appellate terms to know Judicial review, brief, oral arguments, majority opinion, dissenting opinion, reversible error, reversal, remand, affirm, modify, petititioner/appellant, respondent/appellee 5

© 2012 South-Western, a part of Cengage Learning The Federal Court System 6 Primary Trial Court Trial Courts of Limited (Specific) Jurisdiction United States Supreme Court ( Highest Appeals Court ) Lower Appeals Courts U.S. District Courts U.S. Bankruptcy Courts U.S. Tax Courts Various Federal Agencies U.S. Court of International Trade U.S. Claims Court U.S. Patent & Trademark Office Trial Courts of Limited (Specific) Jurisdiction Three judges hear each case, brought up from the District Courts. Nine Justices; appointed for life; may refuse to hear a case; final authority U.S. Courts of Appeals (12 Circuits) U.S. Court of Appeals for the Federal Circuit Hears appeals from specialized trial courts.

© 2012 South-Western, a part of Cengage Learning Circuits in the Federal Court System 7. Puerto Rico is part of Circuit 1 Virgin Islands are part of Circuit 3  Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.) Source: Administrative Office of the United States Courts, January 1983   D.C. Circuit Washington, D.C. Federal Circuit Washington, D.C.

© 2012 South-Western, a part of Cengage Learning 8 Supreme Court Washington State Court System Courts of Appeal Districts Superior Court One Court for each County 9 justices elected by voters Serve for 6 year term. Thereafter elected for additional terms Judges. Same methods & qualifications as Supreme Court Sit in 3 judge panels Elected by County voters for 4 year terms. Vacancies appointed by governor.

© 2012 South-Western, a part of Cengage Learning Washington State’s “Inferior” Courts District Justice/Municipal Courts  Misdemeanors/gross misdemeanors  Civil claims up to $75,000 Small Claims Courts  Civil claims up to $5,000 Justices of the Peace 9

© 2012 South-Western, a part of Cengage Learning Small Claims Court Court of limited jurisdiction involving disputes involving small sums of money damages Informal No attorneys allowed as representatives Inexpensive filing fee No appeal for the plaintiff Limited appeal for defendant Local government may provide advisors free of charge 10

© 2012 South-Western, a part of Cengage Learning Jurisdiction  From Latin juris and dico meaning, “I Speak By the Law.”  When used in reference to the courts, term refers to power and authority over a matter  Political boundaries of state and federal courts  Jurisdiction over subject matter  Jurisdiction over persons and property 11

© 2012 South-Western, a part of Cengage Learning Subject Matter Jurisdiction Power of the court to hear cases of a general class Jurisdiction factors  Dollar amount pled  Civil or criminal action  Remedy requested  Nature of problem 12

© 2012 South-Western, a part of Cengage Learning Jurisdiction over Persons and Property Right of the court to decide a particular matter or case  Requires the appropriate notification to the concerned or affected parties (the defendants)  The plaintiff submits to jurisdiction by filing the lawsuit 13

© 2012 South-Western, a part of Cengage Learning Jurisdiction over Persons and Property in personam – power over the person Requires proper personal service  Consent of sued party  Substituted service based on residence  Long arm statute (claim must relate to the status) Doing business in state Use of an automobile in a state Commission of tort within state 14

© 2012 South-Western, a part of Cengage Learning Jurisdiction over Persons and Property In rem - over a thing - usually property or a relationship (marriage)  Example: ownership of real property Exists or was created within the state All states have jurisdiction over real property within state borders Question: Jurisdiction and the Internet?  Zippo case  Passive websites  Interactive websites  Commercial websites 15

© 2012 South-Western, a part of Cengage Learning Venue The proper place within an appropriate jurisdiction Assume the matter is properly within a state court. In what county should the matter be tried? Issues regarding jurisdiction generally cannot be waived but venue matters can be waived Generally venue is proper where defendant lives 16

© 2012 South-Western, a part of Cengage Learning Issues of Federal Jurisdiction Subject matter jurisdiction  Federal question - Constitution, Federal Statute & Administrative Rules and Actions  Diversity of Citizenship Amount in dispute is $75,000 or more Each party is a citizen of a different state or country. A corporation is citizen of the state of incorporation & principal place of business 17

© 2012 South-Western, a part of Cengage Learning Issues of Federal Jurisdiction Concurrent jurisdiction  A state may also have jurisdiction over a matter which could be brought in federal court  If the action could be brought in the federal court and is not - the defendant can have the matter removed to federal court. Neither state nor plaintiff can stop a defendant’s removal motion  If a matter involves state law (diversity action) the federal court must apply the law of the proper state 18

© 2012 South-Western, a part of Cengage Learning Issues of Federal Jurisdiction Exclusive Jurisdiction - Examples  Federal crimes  Suits against the federal government  Patents, copyrights and trademarks  Cases involving foreign diplomats  Bankruptcy  United states is a party 19

© 2012 South-Western, a part of Cengage Learning 20 Issues of Federal Jurisdiction

© 2012 South-Western, a part of Cengage Learning Early Steps in a Civil Lawsuit Retain counsel Pleading by the Plaintiff  Complaint  Summons  Service of process (obtaining jurisdiction)  Reply if necessary Pleading – defendant  Answer  Demurrer or motion to dismiss  Cross-complaint or Counter-claim 21

© 2012 South-Western, a part of Cengage Learning Complaint (simple) State information giving rise to jurisdiction Recites facts giving rise to a legal claim Request remedy Default judgment? 22

© 2012 South-Western, a part of Cengage Learning Mid-Process of Civil Lawsuit Discovery Process of gathering evidence about the case Purpose of Discovery  Educate each party  Eliminate surprise  Promote settlement  In some cases, perpetuate testimony 23

© 2012 South-Western, a part of Cengage Learning Mid-Process of Civil Lawsuit Discovery Deposition: Questioning of parties and witnesses under oath Interrogatories: Written questions to opposing party requesting written answers Motion to Produce: Request for documents and things Request for Admissions: Request of opposing party to agree on certain facts All useful to impeach witnesses 24

© 2012 South-Western, a part of Cengage Learning Early-Process of Civil Lawsuit Motions Judgment on the Pleadings Motion to Dismiss Summary Judgment Self-explanatory Can be made at any time after initial pleadings. After discovery where no essential facts are in dispute 25

© 2012 South-Western, a part of Cengage Learning What is the Role of the Judge and Jury? Judge determines the applicable law and rules on trial processes Jury is the finder of fact  Is it possible there will be no jury?  How would that change a trial? Jury selection and voir dire  Challenges for cause  Peremptory Challenges 26

© 2012 South-Western, a part of Cengage Learning Jury Decision: Burden of Proof  Moving party and degree of belief  Who has burden?  Nature of the burden?  Jury nullification Preponderance of the evidence Beyond a reasonable doubt 27

© 2012 South-Western, a part of Cengage Learning Jury Decision: Agreement Federal  Unanimous verdict usually required State  34 states require less than unanimous in civil cases 28

© 2012 South-Western, a part of Cengage Learning The Trial of A Civil Lawsuit Opening Statement Case in Chief Evidence Motion for Directed Verdict:  Defendant moves at close of plaintiffs case if no credible evidence was presented supporting claim  Either party at conclusion of case if no factual issue exists Closing Statements Jury Instructions Deliberation and verdict 29

© 2012 South-Western, a part of Cengage Learning Post Verdict of Civil Lawsuit Motions.  Judgment not withstanding the verdict  Motion for a new trial Appeal Collection  Writ of execution  Order of examination  Garnishment 30

© 2012 South-Western, a part of Cengage Learning Equity Equity: A civil trial held without a jury when relief sought by the plaintiff is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage Distinction between law and equity is based not on history not logic Historical alternative to law courts creating a separate concept of justice 31

© 2012 South-Western, a part of Cengage Learning EquityOther than Equity – Common Law Subject Matter Family law, matter juvenile, probate trusts, foreclosure, when remedy it law is inadequate Everything but equity Fact Finding No jury-chancellor of trial makes findings and a issues degree Jury-leading to judgment Remedies Specific performance, injunction, recission, restitution, reformation Money damages or replevin Enforcement Contempt of courtCan attach defendant’s property 32 Equity

© 2012 South-Western, a part of Cengage Learning Your take-away from today’s class 33