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The Court System and The Court System and JurisdictionJurisdiction

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U.S. Court SystemU.S. Court System

Both the federal and state court Both the federal and state court systems are triangularsystems are triangular At the bottom there are many trial courtsAt the bottom there are many trial courts There are fewer appeals courts and one There are fewer appeals courts and one

supreme courtsupreme court At the federal level there are At the federal level there are

646 District Court Judges646 District Court Judges

13 Circuit Courts of Appeal13 Circuit Courts of Appeal

One Supreme Court with nine justicesOne Supreme Court with nine justices

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Trial CourtsTrial Courts

Trial courts determine the facts and apply Trial courts determine the facts and apply existing law to those factsexisting law to those facts

Juries are charged with making Juries are charged with making factual factual determinationsdeterminations, except when the parties waive , except when the parties waive their right to a jury, in which casetheir right to a jury, in which case

In general appellate courts will not hear In general appellate courts will not hear appeals of jury verdicts unless there is appeals of jury verdicts unless there is evidence of jury tampering or some other evidence of jury tampering or some other procedural irregularityprocedural irregularity

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Appellate CourtsAppellate Courts

Appellate courts determine whether legal errors Appellate courts determine whether legal errors were made at the trial court levelwere made at the trial court level

Most appeals are denied, as trial court decisions are Most appeals are denied, as trial court decisions are affirmedaffirmed

Supreme courts can overrule decisions of appellate Supreme courts can overrule decisions of appellate courtscourts

The U.S. Supreme Court is almost entirely an The U.S. Supreme Court is almost entirely an appellate courtappellate court

The U.S. Supreme agrees to hear only a fraction of The U.S. Supreme agrees to hear only a fraction of the appeals made to it the appeals made to it

New York vs New JerseyNew York vs New Jersey

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Appellate CourtsAppellate Courts Main function of appellate courtsMain function of appellate courts is to review trial is to review trial

courts for courts for possible errors of lawpossible errors of lawPossible errors of law include rulings the trial court onPossible errors of law include rulings the trial court on

Motions made by either partyMotions made by either party Admission or non-admission of evidenceAdmission or non-admission of evidence Instructions to juriesInstructions to juries

U.S. Courts of Appeals often hear appeals for decisions of U.S. Courts of Appeals often hear appeals for decisions of administrative agencies such as the FTC, the PTO, and administrative agencies such as the FTC, the PTO, and NLRBNLRB

Decisions of trial courts are only reversed when the Decisions of trial courts are only reversed when the errors made are judged errors made are judged materialmaterial..

A mistake is material if it could have effected the outcome of A mistake is material if it could have effected the outcome of the case.the case.

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U.S. Supreme Court U.S. Supreme Court

Mainly hears appeals from cases that eitherMainly hears appeals from cases that eitherHave constitutional implicationsHave constitutional implications

Resolve differences among the U.S. Circuit Court Resolve differences among the U.S. Circuit Court of Appealsof Appeals

Have significant social implications and are Have significant social implications and are considered ripe--appropriate for resolutionconsidered ripe--appropriate for resolution

Appeals to the Supreme Court are based on Appeals to the Supreme Court are based on writs of certiorari writs of certiorari (4 of 9 must vote to hear case)(4 of 9 must vote to hear case)

Issues majority, concurring and dissenting Issues majority, concurring and dissenting opinionsopinions

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Specialized CourtsSpecialized Courts

At both the federal and state levels there At both the federal and state levels there are specialized courtsare specialized courts At the federal level there are specialized At the federal level there are specialized

courts of bankruptcy, tax court, military courtscourts of bankruptcy, tax court, military courts At the state level there are specialized At the state level there are specialized

juvenile, probate, domestic relations courtsjuvenile, probate, domestic relations courts Specialized courts do not have jurisdiction to Specialized courts do not have jurisdiction to

resolve disputes outside their subject matter. resolve disputes outside their subject matter.

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Trial CourtsTrial Courts

In the federal courts, trial courts are called In the federal courts, trial courts are called district courtsdistrict courts

In state courts, trial courts are often divided In state courts, trial courts are often divided betweenbetween

District courtsDistrict courts for lesser civil cases and criminal for lesser civil cases and criminal misdemeanors, andmisdemeanors, and

Superior courtsSuperior courts which hear major civil cases and which hear major civil cases and criminal cases involving feloniescriminal cases involving felonies

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State CourtsState Courts

Unless a case in state courts involves federal Unless a case in state courts involves federal law there are usually no appeals from state to law there are usually no appeals from state to federal courtfederal court Appeals from state supreme courts to federal court Appeals from state supreme courts to federal court

can take place whencan take place whenIt is a capital criminal case—it often involves allegations It is a capital criminal case—it often involves allegations of violations of constitutional lawof violations of constitutional law

Claims are made by a party that state laws violate the Claims are made by a party that state laws violate the Interstate Commerce ClauseInterstate Commerce Clause

Claims are made that Claims are made that state laws violate fundamentalstate laws violate fundamental constitutional rights involving, for example, race, constitutional rights involving, for example, race, abortion, and due process.abortion, and due process.

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JurisdictionJurisdiction

Defendants in civil cases can file a motion Defendants in civil cases can file a motion to dismiss based on a claim that the court to dismiss based on a claim that the court selected by the plaintiff for the lawsuitselected by the plaintiff for the lawsuit Does not have jurisdiction over the defendantDoes not have jurisdiction over the defendant

Or the subject matter of the disputeOr the subject matter of the dispute

A court has jurisdiction if it has power to A court has jurisdiction if it has power to resolve the dispute. resolve the dispute. Two factors in determining jurisdiction:Two factors in determining jurisdiction:

Subject matter and geographySubject matter and geography

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Jurisdiction: NomenclatureJurisdiction: Nomenclature Trial courts have Trial courts have original jurisdictionoriginal jurisdiction

Obviously, appellate courts have appellate Obviously, appellate courts have appellate jurisdictionjurisdiction

In order to deny the defendant’s motion to dismiss for In order to deny the defendant’s motion to dismiss for lack of jurisdiction, the lack of jurisdiction, the trial court must have bothtrial court must have both::

Jurisdiction over the subject matter of the dispute Jurisdiction over the subject matter of the dispute and and Jurisdiction personally over the defendantJurisdiction personally over the defendant

Obviously, a bankruptcy court does not subject matter Obviously, a bankruptcy court does not subject matter jurisdiction to try a criminal casejurisdiction to try a criminal case

Many trial courts have general jurisdiction to hear Many trial courts have general jurisdiction to hear any caseany case

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Jurisdiction of State Courts: Over the PersonJurisdiction of State Courts: Over the Person

Assume the plaintiff files suit against the Assume the plaintiff files suit against the defendant in the plaintiff’s state:defendant in the plaintiff’s state: Clearly the state trial court has jurisdiction over the Clearly the state trial court has jurisdiction over the

def., if the def. is a resident of the plaintiff’s statedef., if the def. is a resident of the plaintiff’s stateA state court can exercise jurisdiction if the personA state court can exercise jurisdiction if the person

Did business within the state, such as sign or perform a Did business within the state, such as sign or perform a contract, orcontract, or

Committed a tort within the state, such as get involved in a Committed a tort within the state, such as get involved in a traffic accidenttraffic accident

States typically pass “Long Arm” statutes that extend States typically pass “Long Arm” statutes that extend the jurisdiction of state courts as far as is the jurisdiction of state courts as far as is constitutionally permissible. constitutionally permissible.

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Jurisdiction over the PersonJurisdiction over the Person

Suppose the def. is a corporation or a Suppose the def. is a corporation or a business?business?

Jurisdiction depends on whether the out-of-state Jurisdiction depends on whether the out-of-state business satisfies the business satisfies the minimum contactsminimum contacts test: test:

The minimum contacts test is satisfied if the business The minimum contacts test is satisfied if the business owns property, rents office space, directs employees owns property, rents office space, directs employees towards, or directs advertising toward the statetowards, or directs advertising toward the state

Without more, mail order companies are not subject to Without more, mail order companies are not subject to the jurisdiction of out-of-state courtsthe jurisdiction of out-of-state courts

Conceptual test is whether the out-of-state Conceptual test is whether the out-of-state company availed itself of the advantages of the company availed itself of the advantages of the state government?state government?

If yes, then jurisdiction is fair and justifiedIf yes, then jurisdiction is fair and justified

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Jurisdiction over the PersonJurisdiction over the Person

For web sites, For web sites, mere accessibility does not give out-of-state courts mere accessibility does not give out-of-state courts

jurisdiction, jurisdiction, but if the web site interacts with customers through email or but if the web site interacts with customers through email or telephone it does…telephone it does…Obviously, even a small amount of interaction between web Obviously, even a small amount of interaction between web sites and in-state residents is going to subject the web site to sites and in-state residents is going to subject the web site to out-of-state courtsout-of-state courts

Web sites can easily avoid exercise of jurisdiction by Web sites can easily avoid exercise of jurisdiction by out-of-state courts simply by have a choice of law out-of-state courts simply by have a choice of law clause in their clause in their Terms of ServiceTerms of Service agreement, which agreement, which the user “agrees to” by browsing the web site.the user “agrees to” by browsing the web site.

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Jurisdiction: State CourtsJurisdiction: State Courts

In rem jurisdictionIn rem jurisdictionIf an out-of-state resident owns property within a If an out-of-state resident owns property within a state, that state’s courts have in rem jurisdiction state, that state’s courts have in rem jurisdiction over the propertyover the property

Note further that the plaintiff always has the Note further that the plaintiff always has the option of going to the defendant’s home state option of going to the defendant’s home state and suing him or her in that state,and suing him or her in that state,

If state courts in the pl.’s home state do not have If state courts in the pl.’s home state do not have jurisdictionjurisdiction

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Jurisdiction: Federal CourtsJurisdiction: Federal Courts

A plaintiff can file a lawsuit in federal court ifA plaintiff can file a lawsuit in federal court ifFederal questionFederal question jurisdiction takes place jurisdiction takes place

The claim (or defense) involves federal lawThe claim (or defense) involves federal law E.g., the plaintiff the defendant violated the Clean Water E.g., the plaintiff the defendant violated the Clean Water

Act, which is a federal statute.Act, which is a federal statute.

DiversityDiversity The parties are located in separate states andThe parties are located in separate states and The amount in dispute involves more than $75,000The amount in dispute involves more than $75,000

If the case is tried in fed. court, procedural law If the case is tried in fed. court, procedural law is governed by the Federal Rules of Civil is governed by the Federal Rules of Civil Proc. Proc.

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Exclusive and Concurrent JurisdictionExclusive and Concurrent Jurisdiction

In many cases, plaintiff’s have a choice as to In many cases, plaintiff’s have a choice as to which court system (state or fed.) to file the claim which court system (state or fed.) to file the claim becausebecause Jurisdiction over the case is Jurisdiction over the case is concurrentconcurrent between between

federal and state courtsfederal and state courtsE.g., civil rights, securities, any claim based on diversityE.g., civil rights, securities, any claim based on diversity

In other cases, jurisdiction of fed. or state courts is In other cases, jurisdiction of fed. or state courts is exclusive:exclusive:

Federal courts have exclusive juris. over patent cases, Federal courts have exclusive juris. over patent cases, criminal cases and bankruptcy, to name just a fewcriminal cases and bankruptcy, to name just a few

State courts have exclusive juris. over domestic relations, State courts have exclusive juris. over domestic relations, juvenile court, in-state tort claims where diversity does not juvenile court, in-state tort claims where diversity does not applyapply

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Exclusive and Concurrent JurisdictionExclusive and Concurrent Jurisdiction

Plaintiffs can file a suit in state court based on Plaintiffs can file a suit in state court based on a violation of a federal statute, a violation of a federal statute,

unless the statute contains language that provides unless the statute contains language that provides for exclusive juris. of fed. courts. for exclusive juris. of fed. courts.

Defendant’s can remove a case to fed. court, Defendant’s can remove a case to fed. court, ifif

The plaintiff had a choice between fed. and state The plaintiff had a choice between fed. and state court and chooses to file in state courtcourt and chooses to file in state court

Def. may choose to remove a case to fed. court if Def. may choose to remove a case to fed. court if the def. is concerned that a state court may favor the def. is concerned that a state court may favor the pl.the pl.

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Conflicts of LawConflicts of Law

In some cases there is a genuine issue as to In some cases there is a genuine issue as to which state’s laws applywhich state’s laws apply Suppose a contract is signed in one state, but Suppose a contract is signed in one state, but

performed in another state?performed in another state? In some cases the rules for determining In some cases the rules for determining choice of choice of

lawlaw are simple, i.e., where did the tort occur? are simple, i.e., where did the tort occur?In other cases, the choice as to which state’s laws apply is In other cases, the choice as to which state’s laws apply is complicated. complicated.

In contractual situations confusion can be avoided by having In contractual situations confusion can be avoided by having choice of law clauses in the contract, which is quite common choice of law clauses in the contract, which is quite common

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VenueVenue VenueVenue is the physical location of where the trial will is the physical location of where the trial will

take placetake placeIn criminal cases, motions to change venue are sometimes In criminal cases, motions to change venue are sometimes granted based on pre-trial publicitygranted based on pre-trial publicity

A motion to change venue based on pre-trial publicity could be A motion to change venue based on pre-trial publicity could be granted in a civil case alsogranted in a civil case also

At the state level a to change venue is a motion to change At the state level a to change venue is a motion to change the location of the trial within the same state, whereas the the location of the trial within the same state, whereas the same motion at the federal level is a motion to change the same motion at the federal level is a motion to change the state where the trial takes place. state where the trial takes place.

Sometimes venue is changed if going to court is very Sometimes venue is changed if going to court is very inconvenient for the defendant or witnessesinconvenient for the defendant or witnesses

Motion to change based on forum non conveniensMotion to change based on forum non conveniensIf the motion is granted, the trial will take place in another If the motion is granted, the trial will take place in another state or at the fed. level. state or at the fed. level.

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Standing to Sue: JusticiabilityStanding to Sue: Justiciability

In order to get into court, the plaintiff must show In order to get into court, the plaintiff must show He or she has a real, current interest at stakeHe or she has a real, current interest at stake

Examples, loss of freedom (possible incarceration), loss of Examples, loss of freedom (possible incarceration), loss of property, loss of aesthetics if the person actually uses the property, loss of aesthetics if the person actually uses the park, loss of govt. benefits, loss of job etc. park, loss of govt. benefits, loss of job etc.

In order to be justiciable the dispute must not be: In order to be justiciable the dispute must not be: hypothetical (a dispute in the future), hypothetical (a dispute in the future), moot (dispute already resolved), or moot (dispute already resolved), or political (decisions that are within the discretion of political (decisions that are within the discretion of

Congress or the President).Congress or the President).

Courts sometimes allow exceptionsCourts sometimes allow exceptions

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Judges and Judicial OfficialsJudges and Judicial Officials

Federal judges are appointed for lifeFederal judges are appointed for life Cannot be removed unless there is a showing of Cannot be removed unless there is a showing of

malfeasance—bribery, treason, other crimesmalfeasance—bribery, treason, other crimesCongress cannot reduce the pay of a sitting judgeCongress cannot reduce the pay of a sitting judge

State judgesState judges Some are elected and some appointedSome are elected and some appointed

Judicial immunityJudicial immunity applies for most of what applies for most of what judges do, but judges could be censored or judges do, but judges could be censored or removed under state codes of ethics for judges.removed under state codes of ethics for judges.