1. Chapter 4
The American Court System

2. The Judiciary’s Role in American Government
The role of the courts in the American government is to interpret and apply the law.
Through the process of judicial review—determining the constitutionality of laws—the judicial branch acts as a check on the executive and legislative branches of government.

3. Judicial Review: Marbury v. Madison
The power of judicial review was established by Chief Justice John Marshall in Marbury v. Madison, well after the Constitution had established the other checks and balances within the federal government.
What might result if the courts could not exercise the power of judicial review?

4. Basic Judicial Requirements
Before a lawsuit can be brought before a court, certain requirements must first be met. These include:
Jurisdiction
Venue
Standing to Sue

5. Jurisdiction
Before a court can hear a case, it must have jurisdiction over the person(s) against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter.
Case Cole v. Mileti (1998).

6. Subject Matter Jurisdiction
Limited jurisdiction:
Exists when a court is limited to a specific subject matter, such as probate or divorce.
General jurisdiction:
Exists when a court can hear any kind of case.

7. Original vs. Appellate Jurisdiction
Original jurisdiction:
Exists with courts that have authority to hear a case for the first time (trial courts).
Appellate jurisdiction:
Exists with courts of appeals, or reviewing courts.
Generally appellate courts do not have original jurisdiction.

8. Federal Jurisdiction A federal court can exercise jurisdiction:
When a federal question is involved (when the plaintiff’s action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law).
When a case involves diversity of citizenship (citizens of different states, for example) and the amount in controversy exceeds $75,000.

9. Diversity Jurisdiction
Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that arise under state law.
As federal courts become increasingly overburdened with cases, some have proposed to significantly limit (or eliminate) diversity jurisdiction.
Are the benefits of diversity jurisdiction worth its costs to the federal court system?

10. Concurrent v. Exclusive Jurisdiction
Concurrent jurisdiction: Exists when two different courts have authority to hear the same case.
Exclusive jurisdiction: Exists when only state courts or only federal courts have authority to hear a case.

11. Concurrent v. Exclusive Jurisdiction

12. Jurisdiction in Cyberspace
“Sliding Scale” Standard
Case 4.2 International League Against Racism and Antisemitism v. Yahoo, Inc. (2000).
Substantial Business Interaction
Passive Website
No Depends Yes

13. Venue
Venue has to do with the most appropriate location for a trial, which is usually the geographical area in which the event leading to the dispute took place or where the parties reside.

14. Standing to Sue
A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system.
The controversy at issue must also be a justifiable controversy, one that is real and substantial, as opposed to hypothetical or academic.
Case High Plains Wireless, LP v. FCC (2002).

15. The State and Federal Court Systems

16. Trial Courts Federal courts: State courts:
Court of general jurisdiction is the U.S. District court.
Courts of limited jurisdiction include:
U.S. Tax Court
U.S. Bankruptcy Court
U.S. Court of Federal Claims
State courts:
Courts of general jurisdiction may be called by a variety of names.
Courts of limited jurisdiction include:
Divorce courts
Probate courts
Traffic courts
Small claims courts

17. Intermediate Appellate Courts
Courts of appeals, or reviewing courts, generally do not have original jurisdiction.
Such courts in the federal system are called the U.S. Circuit Courts of Appeals.
The U.S. Courts of Appeals are divided into twelve circuit courts (next slide) which hear appeals from federal district courts located in their jurisdictions. A thirteenth circuit, called the federal circuit, hears appeals in certain special types of cases.

18. U.S. Courts of Appeal

19. Supreme Courts
Each state has a supreme court, although it may be called by some other name, whose decisions are final on questions of state law.
Appeals from a state supreme court to the U.S. Supreme Court is possible only if a federal question is involved.
The U.S. Supreme Court is the highest court in the federal system and the final arbiter of the Constitution and federal law.

20. Following a State Court Case
A sample civil court case in a state court would involve the following:
The
Pleadings
Pretrial
Motions
Discovery
Post trial
Motions
Trial
Pretrial
Conference
The Appeal

21. The Pleadings Complaint:
Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant.
Answer:
Admits or denies allegations made by the plaintiff; may assert a counterclaim or an affirmative defense.
Motion to dismiss:
A request to the court to dismiss the case for stated reasons, such as the plaintiff’s failure to state a claim for which relief can be granted.

22. Typical Complaint 25

23. Pretrial Motions Motion for judgment on the pleadings:
Will be granted if the parties agree on the facts and the only question is how the law applies to the facts.
The judge bases the decision solely on the pleadings.
Motion for summary judgment:
Will be granted if the parties agree on the facts. The judge applies the law in rendering a judgment.
The judge can consider evidence outside the pleadings when evaluating the motion.

24. Discovery
The process of gathering evidence concerning the case. Discovery involves:
Depositions (sworn testimony by a party or a witness).
Interrogatories (written questions by one party towards the other made with assistance from the attorneys).
Various requests (for admissions, documents, medical exams).
Case Zubulake v. UBS Warburg, LLC (2003).

25. Pretrial Conference
Either party or the court can request a pretrial conference to:
Identify the matters in dispute after discovery has taken place, or
To plan the course of the trial.

26. Jury Selection
The jury selection process, also known as voir dire, consists of questions directed to prospective jurors to assess potential bias.

27. The typical course of a trial can be diagrammed as follows:
Opening
Statements
Plaintiff’s Introduction of Evidence
Closing
Arguments
Defendant’s Introduction of Evidence

28. Opening Statements
An opening statement sets forth the facts which the attorneys expect to prove during the trial.
Note that such statements are not themselves evidence, but instead an argument as to what the evidence will show.

29. Introduction of Evidence
The plaintiff’s case may consist of relevant documents, exhibits, and testimony of witnesses.
The defense is then given the chance to challenge any of the plaintiff’s evidence and cross-examine his witnesses.
Unless a motion for a directed verdict is made, the defense is then given a similar opportunity to present its case.

30. Closing Arguments
After the defense concludes the presentation of its case, the attorneys present their closing arguments to the jury.
Attorneys use the evidence established at trial to urge the jury to render a verdict in favor of his or her client.

31. Post Trial Motions
After a jury has rendered its verdict, either party may make a post trial motion. These include:
Motion for judgment N.O.V. (Notwithstanding the verdict) will be granted if the judge is convinced that the jury was in error.
Motion for a new trial will be granted if the judge is convinced that the jury was in error, or there was newly discovered evidence, misconduct by the participants during the trial, or error by the judge.

32. The Appeal
Either party can appeal the trial court’s judgment to an appropriate court of appeals.
After reviewing the record on appeal, the abstracts, and the attorneys’ briefs, the appellate court holds a hearing and renders its opinion.

33. Enforcing the Judgment
Securing a verdict does not mean there are assets to pay the judgment.
One of the primary factors to decide before filing suit is whether the defendant has resources or assets to pay a judgment.

34. Courts Adapt to the Online World
Courts are experimenting with electronic media, including CD-ROMs, electronic filings and docketing. E-filing is now an option in over 300 courts in Colorado.
What about online/cyber courts?
Virtual visitation rights?