miller cross 4 th ed. 2005 by west legal studies in business / a division of thomson learning...

Miller • Cross 4th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning

Chapter 4Chapter 4The American Court SystemThe American Court System

Miller • Cross 4th Ed. © 2005 by West Legal Studies in Business / A Division of Thomson Learning2

The Judiciary’s Role The Judiciary’s Role in American in American GovernmentGovernment

• The role of the courts in the American The role of the courts in the American government is to interpret and apply the government is to interpret and apply the law.law.

• Through the process of judicial review—Through the process of judicial review—determining the constitutionality of laws—determining the constitutionality of laws—the judicial branch acts as a check on the the judicial branch acts as a check on the executive and legislative branches of executive and legislative branches of government.government.


Judicial Review: Judicial Review: Marbury v. MadisonMarbury v. Madison

• The power of judicial review was The power of judicial review was established by Chief Justice John Marshall established by Chief Justice John Marshall in in Marbury v. Madison, Marbury v. Madison, well after the well after the Constitution had established the other Constitution had established the other checks and balances within the federal checks and balances within the federal government.government.

• What might result if the courts could not What might result if the courts could not exercise the power of judicial review?exercise the power of judicial review?


Basic Judicial Basic Judicial RequirementsRequirements

Before a lawsuit can be brought before a court, Before a lawsuit can be brought before a court, certain certain requirements must first be met. requirements must first be met. These include: These include:

Jurisdiction Venue

Standing to Sue


JurisdictionJurisdiction• Before a court can hear a case, it must have Before a court can hear a case, it must have

jurisdiction over the jurisdiction over the person(s)person(s) against whom against whom the suit is brought or the the suit is brought or the propertyproperty involved in involved in the suit, as well as jurisdiction over the the suit, as well as jurisdiction over the subject subject mattermatter. .

• Case 4.1 Cole v. Mileti (1998).Case 4.1 Cole v. Mileti (1998).


Subject Matter Subject Matter JurisdictionJurisdiction

Limited jurisdiction:Limited jurisdiction:• Exists when a court is Exists when a court is

limited to a specific limited to a specific subject matter, such as subject matter, such as probate or divorce.probate or divorce.

General jurisdiction:General jurisdiction:• Exists when a court can Exists when a court can

hear any kind of case.hear any kind of case.


Original vs. Original vs. Appellate JurisdictionAppellate Jurisdiction

Original jurisdiction:Original jurisdiction:• Exists with courts that Exists with courts that

have authority to hear a have authority to hear a case for the first time case for the first time (trial courts).(trial courts).

Appellate jurisdiction:Appellate jurisdiction:• Exists with courts of Exists with courts of

appeals, or reviewing appeals, or reviewing courts.courts.

• Generally appellate Generally appellate courts do not have courts do not have original jurisdiction.original jurisdiction.


Federal JurisdictionFederal Jurisdiction• A federal court can exercise jurisdiction: A federal court can exercise jurisdiction:

– When a federal question is involved (when the When a federal question is involved (when the plaintiff’s action is based, at least in part, on the plaintiff’s action is based, at least in part, on the U.S. Constitution, a treaty, or a federal law).U.S. Constitution, a treaty, or a federal law).

– When a case involves diversity of citizenship When a case involves diversity of citizenship (citizens of different states, for example) (citizens of different states, for example) andand the amount in controversy exceeds $75,000.the amount in controversy exceeds $75,000.


Diversity JurisdictionDiversity Jurisdiction

• Because of diversity jurisdiction, federal courts Because of diversity jurisdiction, federal courts spend a good deal of time deciding issues that spend a good deal of time deciding issues that arise under state law.arise under state law.

• As federal courts become increasingly As federal courts become increasingly overburdened with cases, some have proposed to overburdened with cases, some have proposed to significantly limit (or eliminate) diversity significantly limit (or eliminate) diversity jurisdiction.jurisdiction.

• Are the benefits of diversity jurisdiction worth its Are the benefits of diversity jurisdiction worth its costs to the federal court system?costs to the federal court system?


Concurrent v. Concurrent v. Exclusive JurisdictionExclusive Jurisdiction

Concurrent Concurrent jurisdiction: jurisdiction: Exists Exists when two different when two different courts have authority to courts have authority to hear the same case.hear the same case.

Exclusive jurisdiction: Exclusive jurisdiction: Exists when only state Exists when only state courts or only federal courts or only federal courts have authority courts have authority to hear a case.to hear a case.


Concurrent v. Concurrent v. Exclusive JurisdictionExclusive Jurisdiction


Jurisdiction in Jurisdiction in CyberspaceCyberspace

• ““Sliding Scale” StandardSliding Scale” Standard

• Case 4.2 Case 4.2 International League Against Racism International League Against Racism and Antisemitism v. Yahoo, Inc. (2000).and Antisemitism v. Yahoo, Inc. (2000).

No Depends YesSubstantial Business

Interaction

PassiveWebsite


VenueVenue

Venue has to do with the most appropriate Venue has to do with the most appropriate location for a trial, which is usually the location for a trial, which is usually the geographical area in which the event geographical area in which the event leading to the dispute took place or where leading to the dispute took place or where the parties reside.the parties reside.


Standing to SueStanding to Sue• A requirement that a party must have a legally A requirement that a party must have a legally

protected and tangible interest at stake sufficient protected and tangible interest at stake sufficient to justify seeking relief through the court system.to justify seeking relief through the court system.

• The controversy at issue must also be a justifiable The controversy at issue must also be a justifiable controversy, one that is real and substantial, as controversy, one that is real and substantial, as opposed to hypothetical or academic.opposed to hypothetical or academic.

• Case 4.3 High Plains Wireless, LP v. FCC Case 4.3 High Plains Wireless, LP v. FCC (2002).(2002).


The State and Federal The State and Federal Court SystemsCourt Systems


Trial CourtsTrial Courts State courts:State courts:• Courts of general Courts of general

jurisdiction may be called jurisdiction may be called by a variety of names.by a variety of names.

• Courts of limited Courts of limited jurisdiction include:jurisdiction include:– Divorce courtsDivorce courts– Probate courtsProbate courts– Traffic courtsTraffic courts– Small claims courtsSmall claims courts

Federal courts:Federal courts:• Court of general Court of general

jurisdiction is the U.S. jurisdiction is the U.S. District court.District court.

• Courts of limited Courts of limited jurisdiction include:jurisdiction include:– U.S. Tax CourtU.S. Tax Court– U.S. Bankruptcy U.S. Bankruptcy

CourtCourt– U.S. Court of Federal U.S. Court of Federal

ClaimsClaims


Intermediate Intermediate Appellate CourtsAppellate Courts

• Courts of appeals, or reviewing courts, generally Courts of appeals, or reviewing courts, generally do not have original jurisdiction.do not have original jurisdiction.

• Such courts in the federal system are called the Such courts in the federal system are called the U.S. Circuit Courts of Appeals.U.S. Circuit Courts of Appeals.

• The U.S. Courts of Appeals are divided into The U.S. Courts of Appeals are divided into twelve circuit courts (next slide) which hear twelve circuit courts (next slide) which hear appeals from federal district courts located in their appeals from federal district courts located in their jurisdictions. A thirteenth circuit, called the jurisdictions. A thirteenth circuit, called the federal circuit, hears appeals in certain special federal circuit, hears appeals in certain special types of cases.types of cases.


U.S. Courts of Appeal U.S. Courts of Appeal


Supreme Courts Supreme Courts • Each state has a supreme court, although it may be Each state has a supreme court, although it may be

called by some other name, whose decisions are called by some other name, whose decisions are final on questions of state law.final on questions of state law.

• Appeals from a state supreme court to the U.S. Appeals from a state supreme court to the U.S. Supreme Court is possible only if a federal Supreme Court is possible only if a federal question is involved.question is involved.

• The U.S. Supreme Court is the highest court in the The U.S. Supreme Court is the highest court in the federal system and the final arbiter of the federal system and the final arbiter of the Constitution and federal law.Constitution and federal law.


Following a State Court CaseFollowing a State Court Case

A sample civil court case in a state court A sample civil court case in a state court would involve the following:would involve the following:

ThePleadings

PretrialMotions Discovery

PretrialConference

TrialPost trialMotions

The Appeal


The PleadingsThe Pleadings• Complaint:Complaint:

– Filed by the plaintiff with the court to initiate the Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant.lawsuit; served with a summons on the defendant.

• Answer:Answer:– Admits or denies allegations made by the plaintiff; may Admits or denies allegations made by the plaintiff; may

assert a counterclaim or an affirmative defense.assert a counterclaim or an affirmative defense.• Motion to dismiss:Motion to dismiss:

– A request to the court to dismiss the case for stated A request to the court to dismiss the case for stated reasons, such as the plaintiff’s failure to state a claim for reasons, such as the plaintiff’s failure to state a claim for which relief can be granted.which relief can be granted.


Typical Complaint Typical Complaint


Pretrial MotionsPretrial Motions Motion for judgment on Motion for judgment on

the pleadings:the pleadings:• Will be granted if the Will be granted if the

parties agree on the facts parties agree on the facts and the only question is and the only question is how the law applies to the how the law applies to the facts.facts.

• The judge bases the The judge bases the decision solely on the decision solely on the pleadings.pleadings.

Motion for summary Motion for summary judgment:judgment:

• Will be granted if the parties Will be granted if the parties agree on the facts. The judge agree on the facts. The judge applies the law in rendering applies the law in rendering a judgment.a judgment.

• The judge can consider The judge can consider evidence outside the evidence outside the pleadings when evaluating pleadings when evaluating the motion.the motion.


DiscoveryDiscoveryThe process of gathering evidence concerning the The process of gathering evidence concerning the case. Discovery involves:case. Discovery involves:– Depositions (sworn testimony by a party or a witness).Depositions (sworn testimony by a party or a witness).– Interrogatories (written questions by one party towards Interrogatories (written questions by one party towards

the other made with assistance from the attorneys).the other made with assistance from the attorneys).– Various requests (for admissions, documents, medical Various requests (for admissions, documents, medical

exams).exams).– Case 4.4 Zubulake v. UBS Warburg, LLC (2003).Case 4.4 Zubulake v. UBS Warburg, LLC (2003).


Pretrial ConferencePretrial ConferenceEither party or the court can request a pretrial Either party or the court can request a pretrial conference to:conference to:– Identify the matters in dispute after discovery has Identify the matters in dispute after discovery has

taken place, ortaken place, or– To plan the course of the trial.To plan the course of the trial.


Jury SelectionJury SelectionThe jury selection process, also known as voir The jury selection process, also known as voir dire, consists of questions directed to dire, consists of questions directed to prospective jurors to assess potential bias.prospective jurors to assess potential bias.


TrialTrial

The typical course of a trial can The typical course of a trial can be diagrammed as follows:be diagrammed as follows:

OpeningStatements

Plaintiff’s Introduction of

Evidence

Defendant’s Introduction of

EvidenceClosing

Arguments


Opening StatementsOpening Statements• An opening statement sets forth the facts which An opening statement sets forth the facts which

the attorneys expect to prove during the trial.the attorneys expect to prove during the trial.• Note that such statements are not themselves Note that such statements are not themselves

evidence, but instead an argument as to what the evidence, but instead an argument as to what the evidence will show.evidence will show.


Introduction of Introduction of EvidenceEvidence

• The plaintiff’s case may consist of relevant The plaintiff’s case may consist of relevant documents, exhibits, and testimony of documents, exhibits, and testimony of witnesses.witnesses.

• The defense is then given the chance to The defense is then given the chance to challenge any of the plaintiff’s evidence challenge any of the plaintiff’s evidence and cross-examine his witnesses.and cross-examine his witnesses.

• Unless a motion for a directed verdict is Unless a motion for a directed verdict is made, the defense is then given a similar made, the defense is then given a similar opportunity to present its case.opportunity to present its case.


Closing ArgumentsClosing Arguments• After the defense concludes the presentation of After the defense concludes the presentation of

its case, the attorneys present their closing its case, the attorneys present their closing arguments to the jury.arguments to the jury.

• Attorneys use the evidence established at trial to Attorneys use the evidence established at trial to urge the jury to render a verdict in favor of his or urge the jury to render a verdict in favor of his or her client.her client.


Post Trial MotionsPost Trial MotionsAfter a jury has rendered its verdict, either party After a jury has rendered its verdict, either party may make a post trial motion. These include:may make a post trial motion. These include:– Motion for judgment N.O.V. (Notwithstanding the verdict) Motion for judgment N.O.V. (Notwithstanding the verdict)

will be granted if the judge is convinced that the jury was in will be granted if the judge is convinced that the jury was in error.error.

– Motion for a new trial will be granted if the judge is Motion for a new trial will be granted if the judge is convinced that the jury was in error, or there was newly convinced that the jury was in error, or there was newly discovered evidence, misconduct by the participants during discovered evidence, misconduct by the participants during the trial, or error by the judge.the trial, or error by the judge.


The AppealThe Appeal• Either party can appeal the trial court’s judgment Either party can appeal the trial court’s judgment

to an appropriate court of appeals.to an appropriate court of appeals.• After reviewing the record on appeal, the After reviewing the record on appeal, the

abstracts, and the attorneys’ briefs, the appellate abstracts, and the attorneys’ briefs, the appellate court holds a hearing and renders its opinion.court holds a hearing and renders its opinion.


Enforcing the Enforcing the JudgmentJudgment

• Securing a verdict does not mean there are assets Securing a verdict does not mean there are assets to pay the judgment.to pay the judgment.

• One of the primary factors to decide before filing One of the primary factors to decide before filing suit is whether the defendant has resources or suit is whether the defendant has resources or assets to pay a judgment.assets to pay a judgment.


Courts Adapt to Courts Adapt to the Online Worldthe Online World

• Courts are experimenting with electronic media, Courts are experimenting with electronic media, including CD-ROMs, electronic filings and including CD-ROMs, electronic filings and docketing. E-filing is now an option in over 300 docketing. E-filing is now an option in over 300 courts in Colorado.courts in Colorado.

• What about online/cyber courts?What about online/cyber courts?• Virtual visitation rights?Virtual visitation rights?

miller cross 4 th ed. 2005 by west legal studies in business / a division of thomson learning...

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