1. The Judicial System The Courts and Jurisdiction

2. Courts Trial Courts: Decides controversies by determining facts and applying appropriate rules Appellate Courts: Review the decisions of trial courts –Reviews whether court acted I/A/W the law and rules –Usually does not disturb fact determinations

3. State Courts Each State may set up its own separate and unique court system Courts can be original, appellate, unlimited, limited, or specialized courts

4. State Courts:Texas

5. Jurisdiction Does the Court have the power to hear the case? –Must have authority to hear that type of case and those specific persons –More than one court may have jurisdiction to hear a case

6. Jurisdiction Subject Matter Jurisdiction –Allocation of workload by statute or constitution General, limited, specialized, $$$$ amount –Geographical limits

7. Jurisdiction over the Person –“sufficient minimum contacts” –Cannot offend “traditional notions of fair play and substantial justice”

8. Jurisdiction over the Person Requires : –1. Defendant purposely avails self of the privilege of acting in the state or causing a consequences in the state, –2. The case must arise from the defendant’s activities in the state, and –3. The acts of the defendant or consequences caused by the defendant must have a substantial enough connection with the state to make jurisdiction reasonable

9. Jurisdiction over the Person Long-arm Statutes –A state statute that spells out what is ‘sufficient minimum contact’ with the state for jurisdiction over nonresidents In Personam jurisdiction over Corporations –Where incorporated –Doing business within the state –Must have agent for service

10. In Rem Jurisdiction Jurisdiction over all property (real or personal) located within the state Court can decide disputes concerning the property even if personal jurisdiction does not exist over the owner Notice to the parties

11. Venue Where judicial authority should be exercised If more than one venue proper, plaintiff selects Court can decline if local prejudice, convenience of litigants/witnesses, or interest of justice

12. US District Courts 94 Courts At least one is each state and territory Derives its jurisdiction wholly from Congress. –Congress may withhold or restrict jurisdiction as it wishes

13. US District Courts Federal Civil Jurisdiction –US is a plaintiff or defendant –A federal question exists –Admiralty Questions –Diversity of Citizenship All Plaintiffs and Defendants from different States Amount in controversy >$75K (Could it be awarded) –Alienage

14. US District Courts Corporations –Citizens of state of incorporation and state of principal place of business Venue –Where any defendant resides –Where claim arose –Where property is located –Where can get personal service on defendant

15. US District Courts Removal from state to federal court –Any suit that originally could have been filed in federal court, unless filed in the home state of defendant and does not involve a federal question What Substantive Law??? (Erie Doctrine) –For federal questions, follow federal law –For other cases, follow state law

16. 13 US Courts of Appeal

17. 11 Circuit Courts of Appeals District of Columbia Court of Appeals for the Federal Circuit –Patent, trademark, copyright, where US the defendant, Court of Federal Claims, and Court of International Trade

18. 13 US Courts of Appeal Appeals as a matter of right Final appeal for most cases Reviews include: –Administrative decisions –Questions of law, not fact

19. Supreme Court Appeals not a matter of right File a writ of certiorari