Chapter 03 The U.S. Legal System McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

Types of Jurisdiction Original Jurisdiction: The power to hear and decide cases when they first enter the legal system Original Jurisdiction: The power to hear and decide cases when they first enter the legal system Appellate Jurisdiction: The power to review previous judicial decisions to determine whether trial courts erred in their decisions 3-2

Types of Jurisdiction In personam jurisdiction: The power to render a decision affecting the rights of the specific persons before the court In personam jurisdiction: The power to render a decision affecting the rights of the specific persons before the court Subject-matter jurisdiction: The power to hear certain kinds of cases 3-3

Subject-Matter Jurisdiction: Exclusive Federal Jurisdiction Admiralty cases Admiralty cases Bankruptcy cases Bankruptcy cases Federal criminal prosecutions Federal criminal prosecutions Cases in which one state sues another state Cases in which one state sues another state Claims against the United States Claims against the United States Federal patent, trademark, and copyright claims Federal patent, trademark, and copyright claims Other claims involving federal statutes that specify exclusive federal jurisdiction Other claims involving federal statutes that specify exclusive federal jurisdiction 3-4

Subject-Matter Jurisdiction: Concurrent Federal and State Jurisdiction Federal question cases Federal question cases Diversity of citizenship cases Diversity of citizenship cases 3-5

Subject-Matter Jurisdiction: State Jurisdiction All cases not falling under Exclusive Federal Jurisdiction All cases not falling under Exclusive Federal Jurisdiction 3-6

The Federal Court System The United States Supreme Court The United States Supreme Court Intermediate Courts of Appeal Intermediate Courts of Appeal Federal Trial Courts (U.S. District Courts) Federal Trial Courts (U.S. District Courts) 3-7

State Court Systems State Supreme Courts State Supreme Courts Intermediate Courts of Appeal Intermediate Courts of Appeal State Trial Courts State Trial Courts 3-8

Threshold Requirements for Litigation Standing (to sue) Standing (to sue) Case or Controversy (Justiciable Controversy) Case or Controversy (Justiciable Controversy) Ripeness Ripeness 3-9

Steps in Civil Litigation: The Pretrial Stage Informal Negotiations Informal Negotiations Pleadings Pleadings Service of Process Service of Process Defendant’s Response Defendant’s Response Pretrial Motions Pretrial Motions Discovery Discovery Pretrial Conference Pretrial Conference 3-10

Steps in Civil Litigation: The Trial Jury Selection Jury Selection Opening Statements Opening Statements Examination of Witnesses and Presentation of Evidence Examination of Witnesses and Presentation of Evidence Closing Arguments Closing Arguments Jury Instructions Jury Instructions 3-11

Steps in Civil Litigation: Post-Trial Motions Motion For Judgment In Accordance With Verdict Motion For Judgment In Accordance With Verdict Motion For Judgment Notwithstanding Verdict Motion For Judgment Notwithstanding Verdict Motion For New Trial Motion For New Trial 3-12

Steps in Civil Litigation: Appellate Procedure 3-13

Appellate Court Decision-Making Powers Affirmation Affirmation Modification Modification Reversal Reversal Remand Remand 3-14