html5-img
1 / 15

Let’s Go to Court!

Let’s Go to Court!. On Jurisdiction and Judges. The Federal System. Not just one constitutional organizational chart, but two! State and federal courts have separate and largely independent jurisdiction. Jurisdiction defined: The power to say what the law is. There is some overlap.

pascale
Télécharger la présentation

Let’s Go to Court!

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Let’s Go to Court! On Jurisdiction and Judges

  2. The Federal System • Not just one constitutional organizational chart, but two! • State and federal courts have separate and largely independent jurisdiction. • Jurisdiction defined: The power to say what the law is. • There is some overlap.

  3. Federal Jurisdiction • The Supremacy Clause lets federal law trump state law if Congress chooses to exercise its power. • All issues arising under the federal Constitution, Bill of Rights, federal statutes and regulations • Original jurisdiction over disputes between two state governments • Diversity jurisdiction over people from different states if high stakes case.

  4. State Jurisdiction • The Common Law: • Contracts: Uniform Commercial Code • Torts: negligence, assault, trespass • Criminal Law • Trusts and Estates • Real Estate • Domestic relations, marriage, divorce • Public safety: traffic, police powers

  5. More State Jurisdiction • Cases arising under the state constitution, state statutes, state regulations • State constitutions have bills of rights • Right to a free public education is pursuant to state, not federal , constitution • State may have broader protection than federal constitution, depending on wording

  6. Structure of Courts

  7. Trial Courts • The first step, the place where the plaintiff or petitioner files the lawsuit. • This court has a trial to either a judge or a jury. • It determines the facts, makes a record of its proceedings, and renders the initial decision on questions of law. • Courts of limited jurisdiction: traffic, housing, drugs, family, juvenile • Its decisions bind only itself and parties.

  8. Intermediate Appellate Court • The first level of appeal from a decision of a trial court • Screens out cases for the supreme or highest court • Is bound by facts found by the trial court • Does not hear witnesses • Receives written arguments called briefs • Will hear oral arguments from lawyers. • This court can issue decisions that bind itself, and bind the trial court.

  9. Supreme Court • The highest appellate court and final appeal • It sets binding precedent for itself and the lower courts. • It is the final decision-maker in disputes between branches of government.

  10. Federal Courts • FEDERAL DISTRICT COURT - A trial court, one or more in each state. • May delegate certain work to a magistrate (e.g. social security appeals). • Specialized courts of limited jurisdiction (Tax Court, Court of Claims). • UNITED STATES COURTS OF APPEALS - E.g. Indiana is subject to the jurisdiction of the Seventh Circuit Court of Appeals in Chicago. These are intermediate appellate courts. • UNITED STATES SUPREME COURT - The highest court in the land

  11. State Courts • District court, superior court, county court, municipal court • Trial courts • Court of Appeals or Appellate Court • Intermediate appellate courts. • Supreme Court, Supreme Judicial Court (MA), or Court of Appeals (NY) • The supreme court or highest appellate court.

  12. Civil Procedure: Steps • COMPLAINT OR PETITION: filed by plaintiff or petitioner, received by defendant or respondent • SUMMONS: service of process, sheriff serves a writ summoning defendant or respondent to court. • JURISDICTION: Motion to dismiss can challenge power of court to rule on this subject matter.

  13. Motion Practice • VENUE: Motion to change venue can challenge whether this geographic location is the right place for the trial. • PRETRIAL MOTIONS: Motion to Dismiss, Motion to Strike, Demurrer, Motion for Summary Judgment • All ways for lawyers to get rid of case without a trial and/or before their clients have to spend much money defending it.

  14. Framing the Issues for Trial • ANSWER: Defendant responds to the complaint, must admit or deny allegations, and may include affirmative defenses, counterclaims, cross-complaint. • DISCOVERY: Plaintiff and Defendant investigate each others’ cases. May file • interrogatories (written questions that require written replies) • depositions (sworn testimony in front of a court stenographer but out of court and without a judge • document production (exchanging papers).

  15. Settlement • Pretrial Conference: judge locks parties into a room and tries to settle case, or at least speed up trial and discovery. • Settlement Points • Before the complaint is filed • Immediately after the complaint • After discovery is completed • On the eve of trial • 90% of all cases settle.

More Related