1. Chapter 2: Court Systems and Jurisdiction

2. There are two major court systems in the U.S.:
The federal court system
The court systems of the 50 states and the District of Columbia
Each of these systems has jurisdiction to hear different types of lawsuits.

3. The State Court Systems
Limited-Jurisdiction Trial Courts
General-Jurisdiction Trial Courts
Supreme
Court
Intermediate Appellate Courts 3

4. The State Court Systems (continued)
Limited – Jurisdiction Trial Courts
Hear matters of a specialized or limited nature
Traffic courts
Juvenile courts
Justice-of-the-peace courts
Probate courts
Family law courts
Small claims courts
Courts that hear misdemeanor criminal law cases and civil lawsuits under a certain dollar amount

5. The State Court Systems (continued)
General – Jurisdiction Trial Courts
Hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction courts
Testimony and evidence at trial are recorded and stored for future reference

6. The State Court Systems (continued)
Intermediate Appellate Courts
A court that hears appeals from trial courts
Reviews the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision

7. The State Court Systems (continued)
Highest State Court
The highest court in a state court system
Hears appeals from intermediate state courts and certain trial courts
No new evidence or testimony is heard
Decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court.

8. A Typical State Court System
Appeal to
State Supreme Court
U.S. Supreme Court
State Appeals Courts
State Trial Courts of General Jurisdiction
Domestic Relations Division
Juvenile Division
Civil Division
Criminal Division
Probate Division
Small Claims Courts
Justice of the Peace Courts
Municipal Courts

9. The Federal Court System
U.S. District Courts
Special Federal Courts
U.S. Courts of Appeals
U.S. Supreme Court 3

10. The Federal Court System (continued)
U.S. Supreme Court
The Supreme Court was created by Article III of the U.S. Constitution
The Supreme Court is the highest court in the land and is located in Washington, D.C.

11. The Federal Court System (continued)
Special Federal Courts
Federal courts that hear matters of specialized or limited jurisdiction
They include:
U.S. Tax Court
U.S. Claims Court
U.S. Court of International Trade
U.S. Bankruptcy Court

12. The Federal Court System (continued)
U.S. District Courts
The federal court system’s trial courts of general jurisdiction
They are empowered to:
Impanel juries
Receive evidence
Hear testimony
Decide cases
Most federal cases originate in federal district court

13. The Federal Court System (continued)
U.S. Courts of Appeals
The federal court system’s intermediate appellate courts
These courts hear appeals from the district courts located in their circuit

14. The Federal Court System (continued)
U.S. Courts of Appeals (continued)
Review the record of lower courts or administrative agency proceedings
Determine if there has been any error that would warrant reversal or modification of the lower court decision

15. The Federal Court System (continued)
U.S. Supreme Court
The Supreme Court hears appeals from:
federal circuit courts of appeals
federal district courts, under certain circumstances
special federal courts
the highest state courts.
No new evidence or testimony is heard

16. The Federal Court System (continued)
U.S. Supreme Court (continued)
The 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

17. The Federal Court System (continued)
U.S. Supreme Court (continued)
The Supreme Court can issue the following types of decisions:
Unanimous decision
Majority decision
Plurality decision
Tie decision
Justices may issue a concurring or dissenting opinion

18. The Federal Court System (continued)
Petition for Certiorai
A petition asking the Supreme Court to hear case.
Writ of Certiorai
An official notice that the Supreme Court will review a case.

19. The Federal Court System (continued)
U.S. Supreme Court
U.S. Court of Appeals
for the Federal Circuit
U.S. Court of Appeals (11 Territorial Circuits & D.C. Circuit)
Many Federal Adminis-trative Agencies
U.S. District Courts (96 Districts
U.S.
Tax
Court
U.S.
Claims
Court
U.S. Court of International Trade
U.S. Patent and Trademark Office
U.S.
Bankruptcy
Courts

20. Jurisdiction of State Courts
State courts hear any cases that federal courts do not have jurisdiction to hear
Matters involving state law
Real estate
Business law
Sales and lease agreements
Negotiable instruments

21. Jurisdiction of Federal and State Courts
Exclusive Federal Jurisdiction
Exclusive State Jurisdiction
Admiralty
Antitrust
Bankruptcy
Copyright
Federal Crimes
Patents
Suits against the U.S.
Other specified federal statutes
Concurrent Jurisdiction
Matters not subject to federal jurisdiction
Federal questions
Diversity of citizenship cases

22. Personal Jurisdiction of Courts
Standing to Sue
Jurisdiction
Venue

23. Standing to Sue
Plaintiff must have a stake in the outcome of case

24. In Personam Jurisdiction
Personal jurisdiction is obtained by:
Plaintiff
by virtue of filing the suit
Defendant
by serving summons within the state
by mailing summons
by publication
Party disputing jurisdiction may make a special appearance

25. In Rem and Quasi In Rem Jurisdiction
Court has jurisdiction over the property of the lawsuit
Within the state borders
Quasi in rem:
Attachment jurisdiction
Attach property located in another state

26. Long-Arm Statute
State courts obtain jurisdiction over persons or businesses located in another state
Allows summons to be served in other states
Must have minimum contact with state
Must uphold notions of fair play and substantial justice