1. CHAPTER 3 Judicial Process

2. Goals  Understand jurisdictional differences  Understand the structure of the federal court system  Understand the structure of the state court system  Understand the terminology relating to the judicial process

3. Court Systems  Federal Court System  State Court System

4. Defining JURISDICTION The AUTHORITY of a court to hear and decide cases. set by law and is limited—territory or type of case.

5. Original Jurisdiction  Authority of the court to hear case when first brought. State or federal courts

6. Appellate Jurisdiction for errors in law  Authority to review cases for errors in law. State or federal court

7. Subject Matter Jurisdiction  Authority is limited to the subjects or categories/topics of cases the court can hear.  Basis for deciding whether a federal court or state court system case.

8. Special (Limited) Jurisdiction  Authority to hear a case is limited in some way—i.e., authority to hear only probate cases, small claims cases. Bankruptcy courts (federal)

9. Personal Jurisdiction  Court authority over the parties/person involved in a suit. i.e., if you are conducting business in a state, the court of that state has jurisdiction over you if you are involved in a suit.  A Court must have both personal jurisdiction and subject matter jurisdiction to hear a case.

10. FEDERAL COURT SYSTEM

11. Federal District Courts in WI  Eastern District Milwaukee and Green Bay Bankruptcy Court - Milwaukee  Western District Madison Bankruptcy Court - Madison

12. FEDERAL DISTRICT COURT OF APPEALS

13. SUPREME COURT  Writ of Certiorari Many petitions are filed with the Supreme Court for hearing; few are accepted. IF accepted, the Supreme Court will issue a Writ of Certiorari  An order to the lower court to deliver records for review.

14. MAKING THE WAY TO THE SUPREME COURT  Generally 3 routes: Original Jurisdiction  RARE Writ of Certiorari  Through the Federal Appellate Court System Writ of Certiorari  Through the State Supreme Court Systems (State Appellate Courts)

15. FEDERAL COURT SYSTEM  Authorized by Article III of the U.S. Constitution  Cases arising from/involving a federal question: U.S. Government U.S. Constitution Federal Laws and Treaties Controversies between states Controversies between the U.S. and foreign Gov’t Diversity cases

16. DIVERSITY 1. “The plaintiff and the defendant have different, or diverse, state citizenships.” 2. Between citizens of a state or different states and a foreign government as the plaintiff. 3. Between citizens of a state and a foreign government as the plaintiff. 4. Must be over $75,000 to be filed in Federal Court

17. Example… Marvin, a citizen of California, was the subject of a book written and published by Squire, a citizen of Wisconsin. Marvin wished to sue Squire for defamation of character in Federal Court for $100,000. Squire contends that Marvin cannot sue in Federal Court as there is not federal question. Is Squire correct – Why or Why not?

18. Is Squire incorrect? Can Marvin Sue…?  Squire is incorrect! YES Marvin can sue  The Federal Jurisdiction in this example is based upon DIVERSITY Citizens of different states and over $75,000

19.  McGuire, a citizen of South Dakota, was burned by a space heater he purchased from Taylor Industries, a corporation formed in Delaware and headquartered in Arkansas. McGuire wanted Taylor to pay his $2,000 doctor bill and reimburse him for the $500 he lost while not working. When Taylor refused to comply, McGuire decided to sue the company in federal district court. Explain whether McGuire can sue Taylor in this court.

20. Can McGuire Sue in Federal Court?  NO!  There is no federal question—and….  Diversity does not apply… Even though they are from different states, the AMOUNT is not over $75,000

21. How do FEDERAL Judges obtain their seat on the bench?  Appointed by the President of the United States  Subject to approval of Congress  Our system of checks and balances at work

22. State Court System  Circuit Courts A general jurisdiction court  Municipal Court A limited jurisdiction court  Court of Appeals  State Supreme Court  Wisconsin also has Tribal Courts A limited jurisdiction court

23. Election of State Court Judges--Local  Circuit Court Judges Elected by county for 6 year term  Municipal Court Judges Elected by municipality to a 2 or 4 year term

24. Wisconsin Court of Appeals  District I Milwaukee Four Judge panel  District II Waukesha Four Judge panel  District III Wausau Three Judge panel  District IV Madison Five Judge panel Judges elected by district for 6 year term

26. Wisconsin Supreme Court  Madison  Seven justices  Elected to 10 year term

27. CIVIL PROCESS  “Commencement of the Action”  Complaint Filed  Service of Process  Pre-Answer Stage  Answer  Pretrial Stage Motions, negotiations, try to settle the case  Trial

28. OFF TO TRIAL WE GO!  Jury Selection  Opening Statement  Plaintiff’s Case in Chief  Defendant’s Case in Chief  Rebuttal  Closing Statements  Jury Instructions  Verdict and Judgment

29. CRIMINAL vs CIVIL weight of evidence for guilt  Criminal Conviction Beyond a “reasonable doubt”  Reasonable doubt=a fair doubt based upon reason and common sense, not an arbitrary or possible doubt.  Must be persuaded of guilt beyond the level of “apparently” or “probably”.  Civil Liability “Preponderance of the evidence”  “What party’s evidence is more convincing  Deals with the credibility and value of the testimony as a whole

30. Important Definitions  Discovery Means for providing a party access prior to trial to facts that are held by the other side.

31. Discovery Methods  Depositions Oral statements made out of court under oath by witnesses or parties. Proceeding is transcribed.  Interrogatories Written questions that must be answered in writing under oath by the opposite party.  Request for real evidence Asking to produce documents, evidence. Usually a motion to compel discovery is filed.  Request for physical or mental exam Asking that a party undergo an exam ONLY when central to case.  Request for admission Stipulating – securing an agreement that something is truthful, factual.

32. Example… Mrs. Schwartz was involved in an automobile accident with Mr. Penn. Schwartz has filed suit against the Penn to recover her medical expenses and to seek damages. Schwartz claims that the accident caused her a debilitating back injury. When Penn’s lawyer begins to investigate the case, he finds that Schwartz has had a “bad back” for twenty years and believes that the back problem may not be due to the accident. Penn wants to know with some medical certainty when the problem occurred and whether or not the accident was the cause of her back problems. What type of discovery request can Penn seek?

33. Schwartz….  The lawyer for Penn wants to ask Schwartz specific questions about what she was doing the day of the accident, whether or not she was drinking as well as asking her about any former medical condition (i.e., back related) that she may have. How does Penn go about this?

34. Schwartz again….  There were several witnesses at the scene of the accident between Schwartz and Penn. Schwartz’s attorney wants to obtain information from these witnesses. What type of discovery will Schwartz’s attorney use?

35. ….Schwartz…AGAIN…  The police responding to the accident took several photos of the accident scene, interviewed several people and generated numerous reports. All of this information is was turned over to the local district attorney to determine whether there was criminal negligence. Both the attorneys for Schwartz and Penn would like to get their hands on that information. How do they go about getting the information?

36. …one final Schwartz issue….  After much discussion and investigating, the attorney for Schwartz agrees that the facts show that Schwartz did have a pre-existing back injury. However, Schwartz still contends that the accident has made the condition worse. To “put to rest” the pre- existing condition, what can the two sides do?

37. CHAPTER REVIEW

38. DEFINE: ORIGINAL JURISDICTION Jurisdiction to hear the case the first time it is presented to the court. Applies to BOTH Federal and State Courts.

39. Define: DIVERSITY JURISDICTION  Between citizens of different states  Between citizens of a state OR different states and citizens of a foreign nation.  Between citizens of a state and foreign government as the plaintiff  $>$75,000

40. DESCRIBE THE DIFFERENCE BETWEEN APPELLATE JURISDICTION AND GENERAL JURISDICTION The Appellate Courts evaluate errors in the law. A general jurisdictional court has the authority to HEAR the case.