Court System

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court

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a tribunal established by government to hear and decide matters properly brought before it

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purpose of the court

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to provide remedies when a wrong has been committed and/or to prevent possible wrongs from happening

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jurisdiction

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power of a court to hear and determine a given class of cases; power to act over a particular defendant

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subject matter jurisdiction

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judicial authority to hear a particular type of case
criminal vs. civil

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original jurisdiction

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authority to hear a controversy when it is first brought before the court

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limited jurisdiction

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authority to hear only particular kinds of cases
patent infringement suits
juvenile courts, probate courts and domestic relations courts are examples

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appellate jurisdiction

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power of a court to hear and decide a given class of cases on appeal from another court of administrative agency

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appeal

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taking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct

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reversible error

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an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court

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appellate court

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does not hear evidence or take testimony
will only review the trial court transcripts and hear arguments from counsel, then determine if an error has occured

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affirm

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action taken by an appellate court that approves the decision of the court below

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reverse

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term used when the appellate court sets aside the verdict or judgment of a lower court

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remand

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sends the case back to the trial courts for another hearing

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federal court system
levels
1)
2)
3)

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1) federal district court
2) court of appeals
3) supreme court

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federal court organization

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organized into 11 judicial circuits with a special 12th circuit established to hear special appeals such as patent copyright and trademark appeals form all circuits

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_______ are the courts of original jurisdiction on the federal side

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federal district courts

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federal jurisdiction
1)
2)
3)
4)

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includes both civil and criminal matters
1) criminal charges in violation of the federal law
2) civil suits in which the U.S. is a party
3) cases between citizens of different state and damages in excess of $75,000
4) cases involving treaties or U.S. constitutional issues

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U.S. Court of Appeals

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11 judicial circuits of appellate courts hearing appeals form the district courts

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U.S. Supreme Court

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final court in the federal system
the Supreme Court has appellate jurisdiction over appeals arising form the federal court systems well as from state supreme courts if a constitutional issue is involved or a state court has reversed a federal court

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how you apply to have your case heard by the supreme court of the United States

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writ of certiorari

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state court structure
1)
2)
3)
4)
5)

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1) state supreme court
2) state appellate court
3) general trial court
4) specialist court
5) municipal, J.P. courts, small claims

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why use state courts

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not cases will meet the jurisdictional requirements of the federal system
these cases will be tried in state courts of original jurisdiction, general trial courts

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state supreme court

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highest court in most states and have appellate jurisdiction over the lower state courts
decision by the state supreme court is final except in those cases where federal law, treaty or U.S. Constitution is involved

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participants
1)
2)
3)
4)

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1) plaintiff
2) defendant
3) judge
4) jury

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defendant

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party against whom either criminal or civil proceedings are brought

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judge

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primary officer of the court (elected or appointed) presiding over the matters brought before the court
sets legal parameters

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jury

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body of citizens sworn by a court to determine by verdict the issues of fact submitted to them

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filing a complaint

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this contains a description of the conduct complained of by the plaintiff, a request for damages or specific action or both
will establish proper jurisdiction

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service of process

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once the plaintiff has filed the complaint with the clerk of the court, the defendant must be served with a writ, nottice or summons of the action

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defendant's response

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once served, the defendant must respond or answer the complaint
a time limit exists and numerous motions can be filed by the defendant

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motions to dismiss

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motion filed to attack the adverse party's pleading as not stating a cause of action or defense
demurrer

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counter claim

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claim that the defendant in an action may make against the plaintiff

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discovery

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process allows one party to obtain form the adverse party information about all witnesses, documents and any other items relevant to the case
each side must prepare a list o fall their witnesses and allow the opposing counsel to question them prior to the trial
each side has the right to inspect all physical evidence and documents relevant to the case

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deposition

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testimony of a witness taken out of court before a person authorized to administer oaths

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impeach

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using prior inconsistent evidence to challenge the credibility of a witness

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interrogatories

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written questions used as a discovery tool that must be answered under oath

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motion for summary judgment

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request that the court decide a case on basis of law only because there is no material issues disputed by the parties

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selecting the jury

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voir dire examination of potential jury member
each side has unlimited challenges for cause and 6 or 8 peremptory challenges without cause

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evidence is presented in 3 forms
1)
2)
3)

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1) written documents
2) testimony
3) physical

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summation

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attorney will adress the evidence presented in court and will sum up the case, then recommends a particular verdict be returned by the jury

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instructions

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summary of the law given the jurors by the judge before deliberation begins

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judgment

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after deliberation, the jury will render a verdict and the court will render a verdict and the court will enter the judgment

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post trial actions

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judgment n.o.v.
motion for a new trial
recovery of costs and attorney fees
execution of judgment

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plaintiff

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party that initiates the proceedings in a court of original jurisdiction
in a criminal case this would be the prosecutor or district attorney