1. Let’s Begin w/ the Basics
Court Structure
and the anatomy of lawsuit * 1 1

2. Mandy has been found
Thus, the next question will be: Who has jurisdiction, or What court will we be in? * 2 2

3. Jurisdiction
The extent of a court’s authority to hear and resolve specific disputes

4. What jurisdiction’s law applies?
Federal
vs.
State * 4 4

5. Federal Court
U.S District Court – the trial court (one or more in each state)
Circuit Court of Appeals – the appellate court (13 federal circuit courts)
U.S. Supreme Court – the highest court * 5

6. Federal Court System US SUPREME COURT Appeals from State Supreme Court
Court of Appeals from the armed forces
US Court of Appeals (11 circuits)
DC Circuit
Federal Circuit
Federal District Courts
DC District
Court of Federal Claims, Patents
& Trademarks Court * 6

7. Federal Courts
The trial court (US District Court) has jurisdiction over
   - Federal Constitutional matters
   - Violation of federal statutes (Federal Questions)
   - Cases involving the US
   -  Civil matters in excess of $75,000 AND Diversity of Citizenship (all parties are from different states)

8. State Court System State Court – Virginia
Domestic/Juvenile/Traffic/Small Claims Court
District Courts
Circuit Courts
Court of Appeals
Virginia Supreme Court * 8

9. Virginia Supreme Court
Virginia Court System
Virginia Supreme Court
Court of Appeals
Circuit Courts
District Courts
Traffic Courts
Juvenile Courts
Small Claims Courts
Domestic Courts * 9

10. State Courts Broad Jurisdiction
Cases deal with citizens within the state borders
Examples: Robberies, Traffic Violations, Broken Contract, Family Dispute
Not allowed to hear cases:
-- against the US
-- specific federal law
-- antitrust/bankruptcy

11. State & Federal Jurisdiction
In some cases both federal and state courts have jurisdiction.
This allows the parties to choose whether to go to state or federal court.

12. Examples
Most criminal cases involve violations of state law and are tried in state court
Robbery is a crime (found in state law)
However, it would be a federal crime to rob a bank whose deposits are insured by a federal agency

13. Venue
Determination of which state or federal court should hear the case.
Venue – Latin for “neighborhood”
State Case – County court where the plaintiff resides.
Federal Case: Federal statute governs which district court is proper. * 13

14. Precedent vs. Stare Decisis
If a court in an earlier case has developed a legal doctrine, principle, or rule that helps resolve a legal question – later courts addressing the same or substantially similar question should be able to look to earlier decisions for guidance

15. Precedent – an earlier decision on an issue that applies to govern or guide a subsequent court in its determination of an identical or similar issue – based on identical or similar facts
Stare Decisis – a basic principle of the common law system that REQUIRES a court to follow a previous decision of that court or higher court when it involves issues or facts similar to those of an earlier decision.
Stare Decisis is the doctrine that provides Precedent should be followed
Provides stability, predictability, and consistency to court systems

16. Exceptions… The doctrine does not require strict adherence when:
The earlier decision has become outdated
The legislature had overruled the decision of a lower court
The earlier decision was poorly reasoned OR has produced undesirable results

17. Anatomy of a Civil Lawsuit* 17

18. Accident * 18 18

19. Client conference * 19

20. Settlement fails * 20

21. Filing suit at the courthouse* 21

22. Discovery (deposition)* 22

23. Pre-trial * 23

24. Bench trial * 24

25. Jury Trial * 25

26. Litigation Process 1st – Information Gathering & Investigation Stage
Interview Client
Gather Facts
Research the Law * 26

27. Deadlines for filing each pleading
2nd – Pleadings Stage
Formal documents filed by the parties to initiate or respond to the litigation.
Types:
Complaint & Summons
Answer
Counterclaim
Reply
Deadlines for filing each pleading * 27

28. 3rd – Discovery & Motions Stage
Discovery – pretrial procedure by which the parties exchange information.
Motions – oral or written request for the court to make a decision (ruling). * 28

29. 4th – Trial Stage 1st Jury Selection 2nd Opening Statement
3rd Plaintiff Presents Case
4th Defendant Presents Case
5th Closing Argument
6th Jury Instructions/Charges
7th Jury Deliberation
8th Jury Verdict * 29

30. Appellee – responds to the appeal.
5th – Appeal
Appellant – files the appeal. (Appellant/Plaintiff or Appellant/Defendant)
Appellee – responds to the appeal. * 30

31. Court of Appeals/ US Supreme Court
*Can only appeal issues of law.
*May not appeal issues of fact.
*Court must review all issues of law.
*Supreme Court is not required to hear all cases
* Writ of Certiori must be granted for US Supreme Court * 31