1. © 2004 West Legal Studies in Business A Division of Thomson Learning 1 Chapter 2 The Court System

2. © 2004 West Legal Studies in Business A Division of Thomson Learning 2 §1: The Judiciary’s Role in American Government Judicial Review was established in Marbury v. Madison (1803): Judicial Review was established in Marbury v. Madison (1803): Marbury v. Madison Marbury v. Madison “It is emphatically the province and duty of the Judicial Department to say what the law is….” Today the judicial power is exercised by both federal and state courts. Today the judicial power is exercised by both federal and state courts. Judicial Review was established in Marbury v. Madison (1803): Judicial Review was established in Marbury v. Madison (1803): Marbury v. Madison Marbury v. Madison “It is emphatically the province and duty of the Judicial Department to say what the law is….” Today the judicial power is exercised by both federal and state courts. Today the judicial power is exercised by both federal and state courts.

3. © 2004 West Legal Studies in Business A Division of Thomson Learning 3 § 2: Basic Judicial Requirements “Juris” (law) “diction” (to speak) 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. “Juris” (law) “diction” (to speak) 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. © 2004 West Legal Studies in Business A Division of Thomson Learning 4 Types of Jurisdiction-State In Personam Jurisdiction.In Personam Jurisdiction. In Rem Jurisdiction.In Rem Jurisdiction. Quasi In Rem Jurisdiction.Quasi In Rem Jurisdiction. Subject Matter Jurisdiction.Subject Matter Jurisdiction. Amount in Controversy.Amount in Controversy. Concurrent.Concurrent. In Personam Jurisdiction.In Personam Jurisdiction. In Rem Jurisdiction.In Rem Jurisdiction. Quasi In Rem Jurisdiction.Quasi In Rem Jurisdiction. Subject Matter Jurisdiction.Subject Matter Jurisdiction. Amount in Controversy.Amount in Controversy. Concurrent.Concurrent.

5. © 2004 West Legal Studies in Business A Division of Thomson Learning 5 Jurisdiction Over 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 of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate. Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state. Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state. Case 2.1: Cole v. Mileti (1998). Case 2.1: Cole v. Mileti (1998). Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate. Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate. Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state. Courts use long-arm statutes for non-resident parties based on “minimum contacts” with state. Case 2.1: Cole v. Mileti (1998). Case 2.1: Cole v. Mileti (1998).

6. © 2004 West Legal Studies in Business A Division of Thomson Learning 6 Jurisdiction over Property In Rem jurisdiction is the power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. In Rem jurisdiction is the power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. A court generally has in rem jurisdiction over any property situated within its geographical borders. A court generally has in rem jurisdiction over any property situated within its geographical borders. In Rem jurisdiction is the power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. In Rem jurisdiction is the power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. A court generally has in rem jurisdiction over any property situated within its geographical borders. A court generally has in rem jurisdiction over any property situated within its geographical borders.

7. © 2004 West Legal Studies in Business A Division of Thomson Learning 7 Other Jurisdiction Courts can also exercise jurisdiction over: Courts can also exercise jurisdiction over:  The Subject Matter of the Case (e.g., bankruptcy, family or criminal cases).  The Amount in Controversy (the amount of damages)  Original and Appellate. Exclusive vs. Concurrent jurisdiction. Exclusive vs. Concurrent jurisdiction. Courts can also exercise jurisdiction over: Courts can also exercise jurisdiction over:  The Subject Matter of the Case (e.g., bankruptcy, family or criminal cases).  The Amount in Controversy (the amount of damages)  Original and Appellate. Exclusive vs. Concurrent jurisdiction. Exclusive vs. Concurrent jurisdiction.

8. © 2004 West Legal Studies in Business A Division of Thomson Learning 8 Federal Court Jurisdiction “Federal Question” cases involve rights or obligations of a party that are created or defined by some federal law. “Federal Question” cases involve rights or obligations of a party that are created or defined by some federal law. “Diversity” cases exist where: “Diversity” cases exist where:  The parties are not from the same state, and  The amount in controversy is greater than $75,000. “Federal Question” cases involve rights or obligations of a party that are created or defined by some federal law. “Federal Question” cases involve rights or obligations of a party that are created or defined by some federal law. “Diversity” cases exist where: “Diversity” cases exist where:  The parties are not from the same state, and  The amount in controversy is greater than $75,000.

9. © 2004 West Legal Studies in Business A Division of Thomson Learning 9 Jurisdiction in Cyberspace “Sliding Scale” Standard “Sliding Scale” Standard Case 2.2: Bird v. Parsons (2002). Case 2.2: Bird v. Parsons (2002). “Sliding Scale” Standard “Sliding Scale” Standard Case 2.2: Bird v. Parsons (2002). Case 2.2: Bird v. Parsons (2002). No Yes Substantial Business Interaction Passive Website

10. © 2004 West Legal Studies in Business A Division of Thomson Learning 10 VenueVenue Venue is concerned with the most appropriate location for the trial. Venue is concerned with the most appropriate location for the trial. Generally, proper venue is whether the injury occurred. Generally, proper venue is whether the injury occurred. Venue is concerned with the most appropriate location for the trial. Venue is concerned with the most appropriate location for the trial. Generally, proper venue is whether the injury occurred. Generally, proper venue is whether the injury occurred.

11. © 2004 West Legal Studies in Business A Division of Thomson Learning 11 StandingStanding In order to bring a lawsuit, a party must have “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. Standing is sufficient “stake” in the controversy; party must have suffered a legal injury. In order to bring a lawsuit, a party must have “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. Standing is sufficient “stake” in the controversy; party must have suffered a legal injury.

12. © 2004 West Legal Studies in Business A Division of Thomson Learning 12 § 3: State and Federal Court Systems Ct. Criminal Appeals Supreme Court Court of Appeals District Court County Court Municipal Court Justice Court Texas Courts U.S. Supreme Court Circuit Courts of Appeals U.S. District Court Federal Courts

13. © 2004 West Legal Studies in Business A Division of Thomson Learning 13 State Court System: Trial Courts “Courts of record”-court reporters. “Courts of record”-court reporters. Opening and closing arguments. Opening and closing arguments. Juries are selected. Juries are selected. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. Witnesses are examined and cross-examined. Witnesses are examined and cross-examined. Verdicts and Judgments are rendered. Verdicts and Judgments are rendered. “Courts of record”-court reporters. “Courts of record”-court reporters. Opening and closing arguments. Opening and closing arguments. Juries are selected. Juries are selected. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. Witnesses are examined and cross-examined. Witnesses are examined and cross-examined. Verdicts and Judgments are rendered. Verdicts and Judgments are rendered.

14. © 2004 West Legal Studies in Business A Division of Thomson Learning 14 Appellate Courts Middle level of the court systems. Middle level of the court systems. Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law. 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. Generally, appellate courts will consider questions of law, but not questions of fact. Middle level of the court systems. Middle level of the court systems. Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law. 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. Generally, appellate courts will consider questions of law, but not questions of fact.

15. © 2004 West Legal Studies in Business A Division of Thomson Learning 15 Supreme Courts Also known as courts of last resort. Also known as courts of last resort. The two most fundamental ways to have your case heard in a supreme court are: The two most fundamental ways to have your case heard in a supreme court are:  Appeals of Right.  By Writ of Certiorari. Also known as courts of last resort. Also known as courts of last resort. The two most fundamental ways to have your case heard in a supreme court are: The two most fundamental ways to have your case heard in a supreme court are:  Appeals of Right.  By Writ of Certiorari.

16. © 2004 West Legal Studies in Business A Division of Thomson Learning 16 The Federal Court System U.S. District Courts are the ‘Trial’ courts of the federal court system. U.S. District Courts are the ‘Trial’ courts of the federal court system. U.S. Courts of Appeals. U.S. Courts of Appeals. United States Supreme Court. United States Supreme Court.  Writ of Certiorari (Rule of Four).  Typically, involve important constitutional questions. U.S. District Courts are the ‘Trial’ courts of the federal court system. U.S. District Courts are the ‘Trial’ courts of the federal court system. U.S. Courts of Appeals. U.S. Courts of Appeals. United States Supreme Court. United States Supreme Court.  Writ of Certiorari (Rule of Four).  Typically, involve important constitutional questions.

17. © 2004 West Legal Studies in Business A Division of Thomson Learning 17 §4: Judicial Procedures: Following a Case through the Court American and English court systems follow the adversarial system of justice. American and English court systems follow the adversarial system of justice.

18. © 2004 West Legal Studies in Business A Division of Thomson Learning 18 Procedural Rules Court systems developed around the common law concept of “due process” which requires adequate notice and a fair and impartial hearing. Court systems developed around the common law concept of “due process” which requires adequate notice and a fair and impartial hearing.

19. © 2004 West Legal Studies in Business A Division of Thomson Learning 19 Stages of Litigation Pleadings Pleadings Discovery Discovery Pre-Trial Pre-Trial Trial Trial Post-Trial Post-Trial Pleadings Pleadings Discovery Discovery Pre-Trial Pre-Trial Trial Trial Post-Trial Post-Trial

20. © 2004 West Legal Studies in Business A Division of Thomson Learning 20 Litigation- Pleadings 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post

21. © 2004 West Legal Studies in Business A Division of Thomson Learning 21 PleadingsPleadings Consult an Attorney. Consult an Attorney. Prepare Pleadings. Prepare Pleadings. File Petition/Complaint. File Petition/Complaint.Petition/Complaint  Court acquires jurisdiction over subject matter and Plaintiff.  Facts: what happened?  Prayer: Court relief. Consult an Attorney. Consult an Attorney. Prepare Pleadings. Prepare Pleadings. File Petition/Complaint. File Petition/Complaint.Petition/Complaint  Court acquires jurisdiction over subject matter and Plaintiff.  Facts: what happened?  Prayer: Court relief.

22. © 2004 West Legal Studies in Business A Division of Thomson Learning 22 Pleadings-Service of Process Defendant served with Complaint and Summons. Defendant served with Complaint and Summons. Summons. Court acquires Personal Jurisdiction over Defendant (person or corporation). Court acquires Personal Jurisdiction over Defendant (person or corporation). Corporate Defendants are served via Registered Agent. Corporate Defendants are served via Registered Agent. Case 2.3: Rio Properties v. Rio International Interlink (2002) [service by e-mail]. Case 2.3: Rio Properties v. Rio International Interlink (2002) [service by e-mail]. Defendant served with Complaint and Summons. Defendant served with Complaint and Summons. Summons. Court acquires Personal Jurisdiction over Defendant (person or corporation). Court acquires Personal Jurisdiction over Defendant (person or corporation). Corporate Defendants are served via Registered Agent. Corporate Defendants are served via Registered Agent. Case 2.3: Rio Properties v. Rio International Interlink (2002) [service by e-mail]. Case 2.3: Rio Properties v. Rio International Interlink (2002) [service by e-mail].

23. © 2004 West Legal Studies in Business A Division of Thomson Learning 23 Pleadings-AnswerPleadings-Answer The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint. The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint. In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint. In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint. The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint. The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint. In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint. In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint.

24. © 2004 West Legal Studies in Business A Division of Thomson Learning 24 Pleadings-AnswerPleadings-Answer Defendant’s Answer: Defendant’s Answer:  May state General Denial.  Move for Change of Venue.  Allege Affirmative Defenses.  Counter Claim against Plaintiff. Defendant’s Answer: Defendant’s Answer:  May state General Denial.  Move for Change of Venue.  Allege Affirmative Defenses.  Counter Claim against Plaintiff.

25. © 2004 West Legal Studies in Business A Division of Thomson Learning 25 Dismissal and Judgments Before Trial Defendant can move the Court to dismiss the Action for various reasons, such as: Defendant can move the Court to dismiss the Action for various reasons, such as:  The Court lacks jurisdiction.  The Plaintiff has failed to make all of the allegations, in his Complaint, that the law requires (i.e., the plaintiff has failed to state a cause of action). Defendant can move the Court to dismiss the Action for various reasons, such as: Defendant can move the Court to dismiss the Action for various reasons, such as:  The Court lacks jurisdiction.  The Plaintiff has failed to make all of the allegations, in his Complaint, that the law requires (i.e., the plaintiff has failed to state a cause of action).

26. © 2004 West Legal Studies in Business A Division of Thomson Learning 26 Dismissal and Judgments Before Trial Motion to Dismiss. Motion to Dismiss. Motion for Judgment on Pleadings. Motion for Judgment on Pleadings. Motion for Summary Judgment. Motion for Summary Judgment. Motion to Dismiss. Motion to Dismiss. Motion for Judgment on Pleadings. Motion for Judgment on Pleadings. Motion for Summary Judgment. Motion for Summary Judgment.

27. © 2004 West Legal Studies in Business A Division of Thomson Learning 27 Litigation- Discovery 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post

28. © 2004 West Legal Studies in Business A Division of Thomson Learning 28 DiscoveryDiscovery Discovery is the process by which parties obtain information from the opposing party prior to trial. Various tools are used: Discovery is the process by which parties obtain information from the opposing party prior to trial. Various tools are used:  Depositions & Interrogatories.  Requests for Admissions.  Requests for Production of Documents, Object and Entry. Discovery is the process by which parties obtain information from the opposing party prior to trial. Various tools are used: Discovery is the process by which parties obtain information from the opposing party prior to trial. Various tools are used:  Depositions & Interrogatories.  Requests for Admissions.  Requests for Production of Documents, Object and Entry.

29. © 2004 West Legal Studies in Business A Division of Thomson Learning 29 Litigation- Pre-Trial 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post

30. © 2004 West Legal Studies in Business A Division of Thomson Learning 30 Litigation-Pre-TrialLitigation-Pre-Trial Mediation-Arbitration. Mediation-Arbitration. Disposition Without Trial: Disposition Without Trial:  Default Judgments.  Dismissals (With/Without Prejudice).  Summary Judgment.  Settlement. Pre-Trial Orders (ex:TRO, In Limine). Pre-Trial Orders (ex:TRO, In Limine). Mediation-Arbitration. Mediation-Arbitration. Disposition Without Trial: Disposition Without Trial:  Default Judgments.  Dismissals (With/Without Prejudice).  Summary Judgment.  Settlement. Pre-Trial Orders (ex:TRO, In Limine). Pre-Trial Orders (ex:TRO, In Limine).

31. © 2004 West Legal Studies in Business A Division of Thomson Learning 31 Litigation- Trial 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post

32. © 2004 West Legal Studies in Business A Division of Thomson Learning 32 The Trial Trial is fundamentally an evidence presentation and authentication procedure. Trial is fundamentally an evidence presentation and authentication procedure. To prevail, Plaintiff must introduce a preponderance of competent, relevant evidence with respect to each disputed allegation in order to prove it. To prevail, Plaintiff must introduce a preponderance of competent, relevant evidence with respect to each disputed allegation in order to prove it. Trial is fundamentally an evidence presentation and authentication procedure. Trial is fundamentally an evidence presentation and authentication procedure. To prevail, Plaintiff must introduce a preponderance of competent, relevant evidence with respect to each disputed allegation in order to prove it. To prevail, Plaintiff must introduce a preponderance of competent, relevant evidence with respect to each disputed allegation in order to prove it.

33. © 2004 West Legal Studies in Business A Division of Thomson Learning 33 The Trial [2] The Defendant will attempt to introduce a preponderance of competent evidence to disprove at least one of the disputed allegations. The Defendant will attempt to introduce a preponderance of competent evidence to disprove at least one of the disputed allegations. Hearsay is inadmissible. Hearsay is inadmissible. The Defendant will attempt to introduce a preponderance of competent evidence to disprove at least one of the disputed allegations. The Defendant will attempt to introduce a preponderance of competent evidence to disprove at least one of the disputed allegations. Hearsay is inadmissible. Hearsay is inadmissible.

34. © 2004 West Legal Studies in Business A Division of Thomson Learning 34 The Trial [3] Bench Trial (no jury). Bench Trial (no jury). Jury Selection process involves: Jury Selection process involves:  Voire Dire;  Challenges to biased jurors;  Pick and Impanel the Jury; and  Selection of an Alternate Juror. Bench Trial (no jury). Bench Trial (no jury). Jury Selection process involves: Jury Selection process involves:  Voire Dire;  Challenges to biased jurors;  Pick and Impanel the Jury; and  Selection of an Alternate Juror.

35. © 2004 West Legal Studies in Business A Division of Thomson Learning 35 The Trial [4] Opening Statements (Plaintiff first). Opening Statements (Plaintiff first). Plaintiff’s Case--Evidence: Plaintiff’s Case--Evidence:  Witnesses- Direct examination vs. Cross X.  Admissibility of evidence decided by judge. Parties object to admission of evidence and judge decides, as a matter of law, whether evidence may be admitted into the trial. Opening Statements (Plaintiff first). Opening Statements (Plaintiff first). Plaintiff’s Case--Evidence: Plaintiff’s Case--Evidence:  Witnesses- Direct examination vs. Cross X.  Admissibility of evidence decided by judge. Parties object to admission of evidence and judge decides, as a matter of law, whether evidence may be admitted into the trial.

36. © 2004 West Legal Studies in Business A Division of Thomson Learning 36 The Trial [5] Plaintiff’s Case (cont’d). Plaintiff’s Case (cont’d).  Party may impeach the testimony or credibility of opposing witness by showing prior inconsistent statements and/or perjury. Defendant’s Case is next. Defendant’s Case is next. Closing Arguments (Plaintiff first). Closing Arguments (Plaintiff first). Jury Instructions, Deliberations and Verdict. Jury Instructions, Deliberations and Verdict. Plaintiff’s Case (cont’d). Plaintiff’s Case (cont’d).  Party may impeach the testimony or credibility of opposing witness by showing prior inconsistent statements and/or perjury. Defendant’s Case is next. Defendant’s Case is next. Closing Arguments (Plaintiff first). Closing Arguments (Plaintiff first). Jury Instructions, Deliberations and Verdict. Jury Instructions, Deliberations and Verdict.

37. © 2004 West Legal Studies in Business A Division of Thomson Learning 37 The Trial [6] Jury’s Verdict: Jury’s Verdict:  Criminal case--burden of proof is “beyond a reasonable doubt” and the verdict (for guilty or acquittal) must be unanimous. If not, mistrial/hung jury.  Civil Cases—generally, burden of proof is by “preponderance” of the evidence and a majority of jurors must agree on verdict. If not, then mistrial/ hung jury. Jury’s Verdict: Jury’s Verdict:  Criminal case--burden of proof is “beyond a reasonable doubt” and the verdict (for guilty or acquittal) must be unanimous. If not, mistrial/hung jury.  Civil Cases—generally, burden of proof is by “preponderance” of the evidence and a majority of jurors must agree on verdict. If not, then mistrial/ hung jury.

38. © 2004 West Legal Studies in Business A Division of Thomson Learning 38 Litigation- Post Trial 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post 1st 2nd 3rd 4th 5th Pleadings // Discovery // Pre-Trial // Trial // Post

39. © 2004 West Legal Studies in Business A Division of Thomson Learning 39 Post Trial Judgment: Jury verdict is entered by the Clerk of Court. Judgment: Jury verdict is entered by the Clerk of Court. A party may move for a New Trial. A party may move for a New Trial.  Case 2.4: LeBlanc v. American Honda (1997). A party may file a Motion for Judgment N.O.V.. A party may file a Motion for Judgment N.O.V.. Sentencing (criminal). Sentencing (criminal). Judgment: Jury verdict is entered by the Clerk of Court. Judgment: Jury verdict is entered by the Clerk of Court. A party may move for a New Trial. A party may move for a New Trial.  Case 2.4: LeBlanc v. American Honda (1997). A party may file a Motion for Judgment N.O.V.. A party may file a Motion for Judgment N.O.V.. Sentencing (criminal). Sentencing (criminal).

40. © 2004 West Legal Studies in Business A Division of Thomson Learning 40 Post Trial-Enforcement Once a judgment becomes final (i.e., subject to no further judicial review) the defendant is legally required to comply with its terms. Once a judgment becomes final (i.e., subject to no further judicial review) the defendant is legally required to comply with its terms. Defendants who will not voluntarily comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets. Defendants who will not voluntarily comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets. Once a judgment becomes final (i.e., subject to no further judicial review) the defendant is legally required to comply with its terms. Once a judgment becomes final (i.e., subject to no further judicial review) the defendant is legally required to comply with its terms. Defendants who will not voluntarily comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets. Defendants who will not voluntarily comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets.

41. © 2004 West Legal Studies in Business A Division of Thomson Learning 41 Post Trial-Appeal A party may appeal not only the jury’s verdict by any legal issue, motion or court ruling during the trial. A party may appeal not only the jury’s verdict by any legal issue, motion or court ruling during the trial. The party filing the appeal (Appellant) files a brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. The party filing the appeal (Appellant) files a brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. Appeals court can affirm (agree with) or reverse (disagree with) the lower court’s decision. Appeals court can affirm (agree with) or reverse (disagree with) the lower court’s decision. A party may appeal not only the jury’s verdict by any legal issue, motion or court ruling during the trial. A party may appeal not only the jury’s verdict by any legal issue, motion or court ruling during the trial. The party filing the appeal (Appellant) files a brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. The party filing the appeal (Appellant) files a brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. Appeals court can affirm (agree with) or reverse (disagree with) the lower court’s decision. Appeals court can affirm (agree with) or reverse (disagree with) the lower court’s decision.

42. © 2004 West Legal Studies in Business A Division of Thomson Learning 42 Law on the Web Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. National Center for State Courts. National Center for State Courts. National Center for State Courts National Center for State Courts Michigan Cybercourt. Michigan Cybercourt. Michigan Cybercourt. Michigan Cybercourt. U.S. Supreme Court. U.S. Supreme Court. U.S. Supreme Court. U.S. Supreme Court. Federal Court System. Federal Court System. Federal Court System. Federal Court System. Legal Research Exercises on the Web. Legal Research Exercises on the Web. Legal Research Exercises on the Web. Legal Research Exercises on the Web. Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. Federal Rules of Evidence at Cornell U. National Center for State Courts. National Center for State Courts. National Center for State Courts National Center for State Courts Michigan Cybercourt. Michigan Cybercourt. Michigan Cybercourt. Michigan Cybercourt. U.S. Supreme Court. U.S. Supreme Court. U.S. Supreme Court. U.S. Supreme Court. Federal Court System. Federal Court System. Federal Court System. Federal Court System. Legal Research Exercises on the Web. Legal Research Exercises on the Web. Legal Research Exercises on the Web. Legal Research Exercises on the Web.

43. © 2004 West Legal Studies in Business A Division of Thomson Learning 43 ComplaintComplaint Return

44. © 2004 West Legal Studies in Business A Division of Thomson Learning 44 SummonsSummons Return