Chapter 3 The American Judicial System, Jurisdiction, and Venue Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

3-2 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.

3-3 Structure of the Judiciary State Courts Federal Courts

3-4 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.

3-5 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.

3-6 Map of the U.S. Circuits Source:

3-7 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.

3-8 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.

3-9 Jurisdiction Jurisdiction is a court’s authority to decide a particular case based on: (1) who the parties are, and (2) the subject matter of the dispute.

3-10 Venue Venue is a determination of the most appropriate court location for litigating a dispute.

3-11 Overview of Jurisdiction Jurisdiction requires a two-part analysis: a court must have both (1) subject matter jurisdiction and (2) personal jurisdiction.

3-12 Subject Matter Jurisdiction Authority over the dispute is based on: Federal question or Diversity of citizenship. –Parties from two different states –Amount in controversy more than $75,000

3-13 Personal Jurisdiction In-state vs. Out-of-state defendants State long-arm statute Minimum contacts

3-14 Venue Venue is the legal concept that defines the most appropriate location for the trial within a jurisdiction. Typically, state statutes provide that venue in a civil case is where the defendant resides or is headquartered. In a criminal case the venue is ordinarily where the crime is committed.

3-15 and Minimum Contacts A comprehensive scheme for testing a minimum contacts analysis of personal jurisdiction may be based on one party’s use of the Internet and/or in its business.