© 2012 South-Western, a part of Cengage Learning 1 Chapter 3 The Court System

© 2012 South-Western, a part of Cengage Learning 1

Chapter 3

The Court System

© 2012 South-Western, a part of Cengage Learning

Quote "A fox should not be the jury at the goose's

trial" Thomas Fuller, 1608-1661

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What Is a Court? A neutral forum authorized and funded by

government to provide for the resolution of disputes between people and organizations

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Types of Courts TRIAL COURTS

Presentation of evidence Determination of applicable law Application of decided facts to applicable law Jury finder of fact. Judge determiner of law

and instructions to jury Plaintiff Defendant “Liability” versus “guilt”

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Types of Courts Appellate Courts

Review of trial court record to ensure proper application of the law

Acceptance of facts offered in trial court No evidence presented and no jury present

Appellate terms to know Judicial review, brief, oral arguments, majority opinion,

dissenting opinion, reversible error, reversal, remand, affirm, modify, petititioner/appellant, respondent/appellee

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The Federal Court System

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Primary Trial Court

Trial Courts of Limited (Specific) Jurisdiction

United StatesSupreme Court

(Highest Appeals Court)

Lower Appeals Courts

U.S. District Courts

U.S. Bankruptcy

Courts

U.S. Tax Courts

Various Federal

Agencies

U.S. Court of International

Trade

U.S. Claims Court

U.S. Patent & Trademark

Office

Trial Courts of Limited (Specific) Jurisdiction

Three judges hear each case, brought up from

the District Courts.

Nine Justices; appointed for life; may refuse to hear a case; final authority

U.S. Courts of Appeals (12

Circuits)

U.S. Court of Appeals for the Federal Circuit

Hears appeals from specialized trial courts.

© 2012 South-Western, a part of Cengage Learning8

Supreme Court

Washington State Court System

Courts of AppealDistricts

Superior CourtOne Court for each County

9 justices elected by voters

Serve for 6 year term. Thereafter elected for additional terms

Judges. Same methods & qualifications as Supreme Court

Sit in 3 judge panels

Elected by County voters for 4 year terms. Vacancies appointed by governor.


Washington State’s “Inferior” Courts District Justice/Municipal Courts

Misdemeanors/gross misdemeanors Civil claims up to $75,000

Small Claims Courts Civil claims up to $5,000

Justices of the Peace

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Small Claims Court Court of limited jurisdiction involving disputes

involving small sums of money damages Informal No attorneys allowed as representatives Inexpensive filing fee No appeal for the plaintiff Limited appeal for defendant Local government may provide advisors free of

charge

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Jurisdiction From Latin juris and dico meaning, “I Speak

By the Law.”

When used in reference to the courts, term refers to power and authority over a matter

Political boundaries of state and federal courts

Jurisdiction over subject matter Jurisdiction over persons and property

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Subject Matter Jurisdiction Power of the court to hear cases of a

general class Jurisdiction factors

Dollar amount pled Civil or criminal action Remedy requested Nature of problem

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Jurisdiction over Persons and Property Right of the court to decide a particular

matter or case Requires the appropriate notification to the

concerned or affected parties (the defendants) The plaintiff submits to jurisdiction by filing the

lawsuit

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Jurisdiction over Persons and Property in personam – power over the person

Requires proper personal service Consent of sued party Substituted service based on residence Long arm statute (claim must relate to the status)

Doing business in state Use of an automobile in a state Commission of tort within state

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Jurisdiction over Persons and Property In rem - over a thing - usually property or a

relationship (marriage) Example: ownership of real property

Exists or was created within the state All states have jurisdiction over real property within

state borders Question: Jurisdiction and the Internet?

Zippo case Passive websites Interactive websites Commercial websites

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Venue The proper place within an appropriate

jurisdiction Assume the matter is properly within a state

court. In what county should the matter be tried?

Issues regarding jurisdiction generally cannot be waived but venue matters can be waived

Generally venue is proper where defendant lives

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Issues of Federal Jurisdiction Subject matter jurisdiction

Federal question - Constitution, Federal Statute & Administrative Rules and Actions

Diversity of Citizenship Amount in dispute is $75,000 or more Each party is a citizen of a different state or country. A corporation is citizen of the state of incorporation &

principal place of business

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Issues of Federal Jurisdiction Concurrent jurisdiction

A state may also have jurisdiction over a matter which could be brought in federal court

If the action could be brought in the federal court and is not - the defendant can have the matter removed to federal court. Neither state nor plaintiff can stop a defendant’s removal motion

If a matter involves state law (diversity action) the federal court must apply the law of the proper state

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Issues of Federal Jurisdiction Exclusive Jurisdiction - Examples Federal crimes Suits against the federal government Patents, copyrights and trademarks Cases involving foreign diplomats Bankruptcy United states is a party

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Issues of Federal Jurisdiction


Early Steps in a Civil Lawsuit Retain counsel

Pleading by the Plaintiff Complaint Summons Service of process (obtaining jurisdiction) Reply if necessary

Pleading – defendant Answer Demurrer or motion to dismiss Cross-complaint or Counter-claim

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Complaint (simple) State information giving rise to jurisdiction Recites facts giving rise to a legal claim Request remedy Default judgment?

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Mid-Process of Civil Lawsuit Discovery Process of gathering evidence about the

case Purpose of Discovery

Educate each party Eliminate surprise Promote settlement In some cases, perpetuate testimony

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Mid-Process of Civil Lawsuit Discovery Deposition:

Questioning of parties and witnesses under oath

Interrogatories: Written questions to opposing party requesting written answers

Motion to Produce: Request for documents and things

Request for Admissions: Request of opposing party to agree on certain facts

All useful to impeach witnesses

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Early-Process of Civil Lawsuit Motions Judgment on the

Pleadings

Motion to Dismiss

Summary Judgment

Self-explanatory

Can be made at any time after initial pleadings.

After discovery where no essential facts are in dispute

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What is the Role of the Judge and Jury? Judge determines the applicable law and

rules on trial processes Jury is the finder of fact

Is it possible there will be no jury? How would that change a trial?

Jury selection and voir dire Challenges for cause Peremptory Challenges

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Jury Decision: Burden of Proof Moving party and

degree of belief

Who has burden?

Nature of the burden?

Jury nullification

Preponderance of the evidence

Beyond a reasonable doubt

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Jury Decision: Agreement Federal

Unanimous verdict usually required State

34 states require less than unanimous in civil cases

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The Trial of A Civil Lawsuit Opening Statement Case in Chief Evidence Motion for Directed Verdict:

Defendant moves at close of plaintiffs case if no credible evidence was presented supporting claim

Either party at conclusion of case if no factual issue exists

Closing Statements Jury Instructions Deliberation and verdict

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Post Verdict of Civil Lawsuit Motions.

Judgment not withstanding the verdict Motion for a new trial

Appeal Collection

Writ of execution Order of examination Garnishment

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Equity Equity: A civil trial held without a jury when

relief sought by the plaintiff is equitable in nature, such as an injunction, or a divorce or dissolution of a marriage

Distinction between law and equity is based not on history not logic

Historical alternative to law courts creating a separate concept of justice

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Equity Other than Equity – Common Law

Subject Matter Family law, matter juvenile, probate trusts, foreclosure, when remedy it law is inadequate

Everything but equity

Fact Finding No jury-chancellor of trial makes findings and a issues degree

Jury-leading to judgment

Remedies Specific performance, injunction, recission, restitution, reformation

Money damages or replevin

Enforcement Contempt of court Can attach defendant’s property

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Equity


Your take-away from today’s class

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Documents

© 2012 South-Western, a part of Cengage Learning 1 Chapter 3 The Court System