Bl: Chapter 1 And 3

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Article III of the Constitution

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The judicial power of the U.S. shall be vested in one Supreme Court and such lower courts as Congress may establish

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District Courts

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Federal Court
General trial courts in the federal system. MOst federal cases begin here and it is her that the issues of facts are decided.
In most cases, appeals from a judgement or decree of a district goes to the circuit court of appeals ofthe appropriate circuit. In a few cases, the appeal is taken to the Supreme Court

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Court of Appeals

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The function of the appeals court is to examine the record of a case on appeal and determine whether the trial court committed prejudicial error (error affecting the appellants rights). If so, the court will reverse the judgmeent and if ncessary send it back to the lower court
There are 12 judicial circuits ,each having a court known as the Court of Appeals which primarily hears appeals from the district courts located within its circuit.
These courts review many decisions of many adminstrative agencies, the tax court ,and the bankruptcy courts..

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Supreme Court

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Consists of 9 justices.
The Court's principal function is to review decisions of the Federal Courts of Appeals and decisions involving federal law resolved by the highest state courts.
Cases reach the Supreme Court by 1 of 2 routes (1) Appeal by right- the courts must hear these cases if one of the parties request the review, (2) writ of centiorari- requires a lower court to produce the records of a case it has tried.

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Special Courts

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The special courts in the Federal judicial system include the Court of Federal Claims, the Bankruptcy Courts, the Tax Court, and the Court of Appeals for hte Federal circuit.

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The Special Courts

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These courts are in the Federal Judicial System and they have jurisdiction over particular subject matters.
These courts include: US Court of Fed. Claims; US Bankruptcy Courts; U.S. Tax Court; US Court of Appeals FOR THE FEDERAL CIRCUIT

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US Court of Federal Claims

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Special Court
Jurisdiction to hear claims against the US

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US Bankruptcy Court

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Special Court
Jurisdiction to hear nd ecide certain matters under the Federal Bankruptcy Code, subject to review by the US District Court

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US Tax Court

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National jurisdiction over certain cases involving federal taxes

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US Court of Appeals for the Federal Circuit

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National jurisdiction and reviews decisions of the Court of Federal Claims, Patent & Trademark, District Court, US Court of International trade, Merit Systems protection board and the US Court of Veterans Appeals

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Inferior Trial Courts

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At the bottom of the state court system- includes Small claims Courts
This court decides the least serious criminal and civil matters (such as traffic offenses).
This court is also referred to as municipal court, justice of the peace court, or traffic court.

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Small Claims Courts

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An inferior trail court that hears civil cases involving a limited amount of money. THe procedure in this court is informal (no jury, no attorneys). An appeal from this court is taken to the trial court of general jurisdiciton, where a new trial (called a trial de novo), in which a small claims court's decision is given no weight, is begun.

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Trial Courts
Difference between this Court and the Inferior Trail Courts

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Trial courts do not have a dollar limitation on their jurisdiction in civil cases and hear all criminal cases other than minor offenses. Each stat ehas tria lcourts of general jurisdiction which may be called county or district courts.
In NY the trial court is called the Supreme Court

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Special Trial Courts

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Trial courts, such as probate courts and family courts, which have jurisdiction over a particular area of law

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Appellate Courts- 2 Levels

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Thse courts include on or two levels. The highest courts decisions are final except in those cases reviewed by the US Supreme Court.

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Jurisdiction

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The power or authority of a court to hear and decide a given case. To resolve a lawusit, a court must have 2 kinds of jurisdiction: (1) jurisdiction over the subject matter of the lawsuit and (2) Jurisdiction over the parties to a lawsuit (this jurisdiction is required fo the court to render an enforceable judgment that effects the parties' rights and duties)

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Subject Matter Jurisdiction

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Refers to the authority of a particular court to judge a controversy of a particular kind. Federal courts have limited subject matter jurisdiction. State courts have jurisdiction over all matters that the Constitution or Congress neither denies them nor gives exclusively to the federal courts.

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Exclusive Federal Jurisdiction

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Federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other special cases.

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Concurrent Federal Jurisdiction

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Authority of mor than one court ohear the same case; state and federal courts have concurrent jurisdiciotn over (1)federal question cases (cases arising under the Consitution, statues, or treaties of the US) which do not involve exclusive federal jurisdictio nand (2) diversity of citizenship cases involving more than $75,000

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Diversity of citizenship

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This exists when (1) the plaintiffs are citizens of a state or states different from the state or states of which the defendants are citizens; (2) when a foreign country brings an action against citizens of the US or (3) when the controversy is between citizens of a state and citizens of a foreign country.

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Exclusive State jurisdiction

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State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach. All matters not granted to the federal courts in teh Constitution or by Congress are solely within the jurisdiction of the states

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What are the two essential types of jurisdiction?

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Jurisdiction over the parties and jurisdiction over the subject matter

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Jurisdiction over the Parties

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The power of a court to bind the parties involved in the dispute.
The court obtains jurisdiction over the plaintiff when she voluntarily submits to the courts power by filing a complaint with the court. With respect to the defendant, a court may meet the requirements of this type of jurisdiction in these three ways: in personam, in rem, and attachment.

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With respect to the defendant, how can a court meet the requirements of this type of jurisdiction: Jurisdiction over the parties?

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In any of these 3 ways:
1. In Personam Jurisdiction
2. In Rem Jurisdiction
3. Attachment Jurisdiction (Quasi in rem Jurisdiction)

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In Personam Jurisdiction

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Jurisdiction based uponclaims against a person in contrast to jurisdiction over his property.
A court obtains in personam jurisdiction by (1) serving process [deliver a summons] to the party within the state in which the court is located, or (2) by reasonable notification to a party outside the state in those instances where a "long arm statute" applies.

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Long Arm Statues

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These statues allow courts to obtain jurisdiction over nonresident defendants
Most states have adopted this to expand jurisdictional reach beyond those persons who may be personally served within the state.

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In Rem Jurisdiction

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Jurisdiction based upon claims against property.
EX. If Will and Jon are involved in a lawsuit over property located in Ohio, then an appropriate court in Ohio would have IN REM JURISDICTION to hear and settle claims over this property

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Attachement Jurisdiction (Quasi in rem jurisdiction)

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Jurisdiction over a defendants property to obtain payment of a claim not related to the property.
Unlike in rem jurisdiction, attachment jurisdiction is invoked by seizing the defendant's property located within the state to obtain payment of a claim against the defendant that is unrelated to the property seized

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Venue

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Geographical areas in which a lawsuit should be brought

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Civil Procedure

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Rules that are designed to resolve civil disputes justly, promptly, and inexpensively

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The Pleading

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A series of responsive, formal written statement in which each side to a lawsuit states its claims and defenses. THe purpose of pleadings is to give notice and establish the issues of fact and law the parties dispute.

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Difference between Issue of Fact and Issue of Law

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Issue of Fact: A dispute between the parties regarding the events that gave rise to the lawsuit. Decided by jury/judge
Issue of Law: A dispute between the parties as to what legal rules apply to these facts. Decided by judge

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Complaint

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Initial pleading by the plaintiff stating his case

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Summons

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Notice given to inform a person a lawsuit against him/her.

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Answer

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Defendants pleading in response to plaintiffs complaint

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Reply

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Plaintiffs pleading in response to defendants answer

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Pretrial Procedure

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Process requiring the parties to disclose what evidence is available to prove the disupted facts; designed to encourage settlement of cases or to make trial more efficient

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Judgement on Pleading

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A final ruling in favor of party by the judge based on the pleadings

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Discovery

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Right of each party to obtain evidence from the other party.

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Pretrial Conference

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A Conference between the judge and the attorney to simplify the issues in dispute and attempt to settle the dispute

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Summary Judgement

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Final ruling by the jduge in favor of one party based on the evidence disclosed by discovery

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Trial

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Determines the facts and outcomes of the case

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Jury Selection

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each party has an unlimited number of challenges for cause and a limited number of peremptory challanges.

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Conduct of Trial

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Consists of opening statements by attorneys, direct and cross examination of witnesses, and closing arguments

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Directed Verdict

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Final ruling by the judge in faovr of one party based on evidence introduced at trial.

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Verdict

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The jury's decision based on those facts the jury determines the evidence proves

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Motions Challenging Verdict:

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Includes motion for a new trial and motion for judgement notwithstanding the verdict

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Appeal

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Determines whether the trial court committed prejudicial error.

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Enforcement

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Plaintiff with an unpaid judgement may resort to a writ of execution to have the sheriff seize property of the defendant's to collect money owed

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What are some alternative dispute resolutions?

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Arbitration
Conciliation
Mediation
Mini Trial
Summary Jury Trial
Negotiation

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Mini Trial

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Nonbinding process in which the attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a third settlement in consultation with the third party

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Summary Jury Trial

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Mock trial followed by negotiations

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Negotiation

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Consensual bargaining process in which the parties attempt to reach an agreement to resolving their dispute without the involvement of third parties

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Arbitration

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nonjudicial proceeding in which a neutral third party selected by the disputants renders a binding decision (award)

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Conciliation

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Nonbinding decision in which a third party acts as an intermediary between the disputing parties

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Mediation

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Nonbinding process in which a thrid party acts as an intermediary between the disputing parties and proposes solutions for them to consider

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Law

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A rule of conduct telling you what is right and prohibiting what is wrong
The function of law is to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state while at the same time permitting ordered change.

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The difference between law and morals

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Laws provide sanctions (penalties) while morals do not

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Difference between Law and Justice

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Law and justice are not the same. Justice is the fair, impartial treatment of competing interests with due regard for the common good. Without law there is no justice.

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How is the law classified?

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Public Law
Private Law
Civil Law
Criminal Law

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Public Law

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Deals with relationship between government and individuals

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Private Law

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Deals with the relationship among individuals and legal entities

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Civil Law

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Part of Private Law
Deals with rights and duties

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Criminal Law

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Part of Public Law
Establishes duties that if violated, constitute a wrong against the entire community

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Sources of Law

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Constitutional Law
Judicial Law
Legislative Law
Administrative Law

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Constitutional Law

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Fundamental law of a government establishing its powers and limits

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Judicial Law

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Consists of Common Law & Equity
Common law is the body of law developed by the courts that serves as a precedent for determination of later controversies
Equity is the body of law based upon principles distinct from common law (the state, quality, ordeal of bein gjust, impartial and fair)

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Legislative Law

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Statutes adopted by legislative bodies; these include treaties and executive orders.
Treaties are agreements between independent nations.
Executive orders are laws issued by the President or by the Governor of a state

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Public and Private laws are both under Substantive Law

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Substantive Law creates defines and regulates legal rights
Procedural Law sets forth the rules for enforcing those rights

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Administrative Law

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Rules, regulations created by administrative agencies to carry out the regulatory powers and duties of those agencies

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Judicial Review

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Under this principle, the Supreme Court determines the constitutionality of all laws

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Common Law System

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This US legal system relies heavily on the judiciary as a source of law and on the adversary system for settling disputes.
In an adversary sytem, the parties not the court, must initiate and conduct litigation

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Decree

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An order

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Civil Law Systems

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Contrast of Common Law Systems
These systems depend on comprehensive legislative enactments (call codes)

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Inquisitorial system

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Civil law systems depends on this system of determining disputes.
The judiciary initiates litigation, investigates pertinent facts, and conducts the presentation of evidence.

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Describe the happenings in a civil action

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THe injured party (plaintiff) sues to recover compensation for the damage/ injury sustained as a result of the defendants wrongful conduct. The party bringing a civil action (the plaintiff) has the burden of proof which the plaintiff must sustain by a preponderence (Greater weight) of the evidence

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The purpose of civil law is.....

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To compensate the injured party, not, as in the case of criminal law, to punish the wrongdoer.

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Equity

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A supplementary system of needed judicial relief for those who could not recieve adequate remedies through common law.
Equity is administered by a court of chancery presided over by a Chancellor.

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Difference between common law and equity

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In an equity, a chancellor could issue a decree compelling a defendant to do or refrain from doing a particular act.

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Specific Performance

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In a court of equity, for breach of a land contract the buyer could obtain a decree of specific performance commanding the defendant seller to perform his part of the contract by transferring title to the land

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Injunction

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A powerful remedy only available to those in courts of equity
A court order requiring a party to do or refrain from doing a specific act

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Reformation

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Available only in courts of equity
Upon the ground of muutal mistake, an action could be brought to change the language of a written agreement to conform to the actual intention of the contracting parties.

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Rescission of a contract

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Allows a party to invalidate a contract under certain circumstances.

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Treaty

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An agreement between or among independent nations.
Treaties may be entered into only by the federal government, not by the states. A treaty signed by the President and approved by the Senate has the legal force of a federal statute.

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Administrative Law

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Deals with controversies arising among individuals and these public officials and agencies
Adminstrative functions and activites concern general matters of public health, safety, and welfare.

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Although national legal systems often differ in their particulars, they tend to fall into one of four major legal traditions, each of which represents a different approach to keeping the peace, maintaining stability, providing justice, and interpreting social reality. Name the four systems.

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Civil Law
Common Law
Socialist Law
Religions/ Customary Law