Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Objectives
List the basic parts of a state court system Identify when a lawsuit can be filed in a federal court Discuss the procedure of a trial Summarize the steps in a typical lawsuit*
Jurisdiction
The authority of a court to hear and decide a specific action.
Geographical area, or Right and power of a court to adjudicate (determine) matters concerning persons, property, or subject matter.
Jurisdiction in Cyberspace
Sliding-scale standard Substantial (contracts, sales, etc.)
Jurisdiction is proper
Some interactivity
May have jurisdiction
Passive advertising
No jurisdiction
Court Systems
U. S. Courts of Appeals
Federal Administrative Agencies U. S. District Courts Specialized U. S. Courts
Highest State Courts State Courts of Appeals State Trial Courts of General Jurisdiction
State Administrative Agencies
Appellate Courts
Trials are reviewed and appeals heard
Limited Jurisdiction
Special inferior trial courts or minor judiciary courts Small Claims Court, municipal court, probate court
Courts of Appeals
Examine the record of a case on appeal and determine whether the trial court committed an error Questions of law and procedure, but usually not questions of fact
U. S. District Courts
Thirteen federal judicial circuits Each circuit subdivided into districts (currently 96, at least one in every state) Specialized U. S. Courts: Tax Court, Bankruptcy Court, Federal Claims
U. S. Courts of Appeals
Thirteen U. S. Courts of Appeals Twelve hear cases in their respective circuits One is the federal circuit and has national jurisdiction
U. S. Supreme Court
Only one national Supreme Court Nine justices, lifetime appointments Has original jurisdiction in rare instances, mostly is an appeals court
Federal Jurisdiction
Federal question issue of law based on the Constitution, treaty, or federal law (>$75,000) Diversity of citizenship
Citizens of different states Foreign country and citizens of a state Citizens of a state and citizens or subjects of a foreign country
Lawyer functions as the clients advocate Presents the clients version of the facts to convince the jury or judge Judge responsible for appropriate application of the law
Court Procedure
Procedural law rules and standards for determining disputes in courts Complex, vary from court to court Federal and state rules
Pleadings
Inform each party of the claims of the other and specify the issues
Complaint and answer Counterclaim and reply
Complaint
Petition or declaration Filed by plaintiff against a defendant Contains:
Statement of jurisdiction Statement of entitlement to remedy Statement of remedy sought*
Procedure
Summons notifies the defendant that he or she is required to prepare an answer to the complaint Default judgment failure to answer or defend against a claim, plaintiff is awarded remedy sought
Procedure
Motion to dismiss (demurrer) pleading in which the defendant admits the facts as alleged by the plaintiff, but asserts that plaintiffs claim fails to state a cause of action Deny or grant
Answer
Either admits the allegations in the complaint or denies them and outlines any defenses that the defendant may have Raise a counterclaim (may be lost if not brought up) Plaintiff must reply
Pretrial Motions
Motion for Judgment on the Pleadings (no disputed facts, no outside evidence) Motion for Summary Judgment (outside evidence allowed, such as affidavits or documents)*
Discovery
Obtaining information from the opposing party or from other witnesses before trial
Prevents surprises Narrows the issues so trial is more efficient
Discovery
Depositions sworn testimony by the opposing party or any witness, recorded by a court official Interrogatories series of written questions for which written answers are prepared and signed under oath (directed to a party to the lawsuit)
Discovery
Other information
Admission of truth Inspect and examine documents or premises Physical or mental examinations
At the Trial
Opening statements
Plaintiffs attorney goes first
At the Trial
Rebuttal evidence and testimony refuting the defendants case Rejoinder evidence and testimony refuting the rebuttal Closing arguments summary statement of their version
At the Trial
Motions to dismiss the case, for summary judgment, and for a directed verdict can be filed during the case Motion for Directed Verdict not sufficient evidence to support the claim
Posttrial Motions
Motion to set aside verdict and to hold a new trial
Judge may grant a new trial if convinced that the jury was in error but does not feel it appropriate to grant a judgment for the other side
The Appeal
Appellant party who appeals (petitioner) Appellee party in opposition (respondent) Briefs filed with reviewing court, contain arguments
The Appeal
No evidence Reversed error committed Remanded sent back for new trial Affirmed enforcement of courts judgment