1. Unit B
Customized by
Professor Ludlum
Nov. 30, 2016

3. §2: Basic Judicial Requirements
__________________________________ is the power of a court to hear a dispute and to “speak the law” into a controversy and render a verdict that is legally binding on the parties to the dispute.

4. Jurisdiction
Persons: power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate.
___________________________: power to decide issues relating to property, whether the property is real, personal, tangible, or intangible.

5. Jurisdiction Over Persons or Property
_________________________: for non-resident parties based on “minimum contacts” with state. Means defendant had some connection with forum state.
Corporate Contacts: does business have sales or advertise within state.

6. Federal Court Jurisdiction
“Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law.
“Diversity” cases where:
The parties are not from the same state, and
The amount in controversy is greater than $________________

7. Venue
Venue is concerned with the most appropriate _____________________ for the trial.
Generally, proper venue is whether the injury occurred.

8. Standing to Sue
In order to bring a lawsuit, a party must have “standing” to sue.
Standing is sufficient “stake” in the controversy; party must have suffered a legal injury.

9. Oklahoma and Federal Courts
District Court
Oklahoma Supreme Court
U.S. Supreme
Court
Circuit
Courts of
Appeals
Federal District
Federal Courts

10. Trial Courts
“Courts of record”
Court reporters?

11. Show & Tell Court Transcripts

12. Bonus Material
For being here today, material NOT in the normal handout, but ON THE TEST! Discovery:

13. Bonus Material
For being here today, material NOT in the normal handout, but ON THE TEST! Discovery:

14. How many interrogatories in Oklahoma. How long can a deposition be
How many interrogatories in Oklahoma? How long can a deposition be? When and where?

15. Bonus Material
Vocabulary: Parties to lawsuit: Person who files suit: Person being sued:

16. Bonus Material
For being here today, material NOT in the normal handout, but ON THE TEST!
Start Litigation with a PETITION
So what’s on a petition?
SUE ME!!!!

17. GET SERVICE Bonus Material
For being here today, material NOT in the normal handout, but ON THE TEST!
After you file the petition you must
GET SERVICE

18. Bonus Material Order of a Case File Petition Get Service Discovery
Pre-Trial Motions
Voir Dire (if needed)
Trial
Appeal (if needed)

19. Why do people dismiss lawsuits which they filed?

20. Equity cases Law cases ($$$) Bonus Material
(Bankruptcy, Divorce, Injunctions)
Are __________________ trials only
Law cases ($$$)
Can have a __________ if requested

21. Bonus Material
Why do some parties want a federal court?

22. Questions of ___________________ – Jury or Judge (Bench Trial) Questions of _________ – Judge only

23. Trial v. Appellate Courts
TRIAL COURTS:
Juries are selected.
Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced.
Witnesses are examined and cross- examined.
Verdicts and Judgments are rendered.

24. Trial v. Appellate Courts
Question Attorneys on both sides
Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law.
Generally, appellate courts will consider questions of law, but not questions of fact.

25. Exhibit 2.2. Federal Courts of Appeal

26. Supreme Courts Appeals of Right. By Writ of Certiorari.
Also known as courts of last resort.
The two ways to have your case heard in a supreme court are:
Appeals of Right.
By Writ of Certiorari.

27. Alternative Dispute Resolution
negotiation,
mediation,
arbitration.

28. Arbitration Advantages