3 CHAPTER COURTS
Courts are established by governmental bodies; a court may render a binding decision
only when it has jurisdiction over the dispute and the parties to that dispute.
Two Court Systems in the United States:
Federal
State
FEDERAL COURTS ***
DISTRICT COURTS
The general trial level in the federal court system, where issues of fact are
decided, serve districts each located entirely in a particular state. Each district
court is presided over by one judge, except in certain cases, when three judges
preside. They decide issues of fact
Appeals from district courts usually go to the Circuit Court of Appeals where the
district court is located. In a few cases, the appeals are taken directly to the U.S.
Supreme Court.
Dont get feel of evidence and witness testimony from just the court report.
Credibility in appelate court cant be appealed
COURTS OF APPEAL
Twelve Circuit Courts of Appeals are the next level in the federal system. They
primarily hear appeals from the district courts and review decisions of
administrative agencies, the Tax Court, and the Bankruptcy Courts. They
generally hear cases in panels of three judges, although in some instances all
judges of the circuit will sit en banc (all together in a session) to decide a case.
Appellate courts do not hear evidence or conduct a trial they examine the
record of a case to determine if the trial court committed prejudicial error (error
substantially affecting the appellants rights and duties). If so, the appellate court
will reverse or modify the judgment and, if necessary, remand or send the case
back to the lower court for further proceeding. If there is no prejudicial error, the
appellate court will affirm the decision of the lower court.
Cant add newly discovered evidence between trial court and appellate court, you
have to ask for a remand and go back to trial court
***NO SUBMISSION OF EVIDENCE AT AN APPELLATE LEVEL***
When voting:
o Majority controls
o Opinion
o Concurring opinions
o Dissenting opinions
o Rehearing
SUPREME COURT
The nations highest tribunal consisting of a Chief Justice and eight Associate
Justices principally reviews cases of the Federal Courts of Appeals, and in
some instances, decisions involving Federal law made by the highest State courts.
Reviews cases between States
Appellate cases reach the Supreme Court by: 1. appeal by right where review by
the court is mandatory (very few cases), or 2. the discretionary writ of certiorari.
If four Justices vote to hear the case, a writ is granted.
Writ of certiorari- not mandatoryif they want to hear it
Federal Courts
Trial Courts
Located in geographical areasCircuits
Try Cases
New Trial
Remedies in Courts of Appeal
Affirm
Reverse
Modify
Remand
SUPREME COURT
The nations highest tribunal consisting of a Chief Justice and eight Associate
Justices principally reviews cases of the Federal Courts of Appeals, and in
some instances, decisions involving Federal law made by the highest State courts,
and disputes between States.
Appellate cases reach the Supreme Court by: 1. appeal by right where review by
the court is mandatory (very few cases), or 2. the discretionary writ of certiorari
If four Justices vote to hear the case, a writ is granted.
The FINAL final court of appeal
9 Justices
Majority controlsmany 5/4 opinions
SPECIAL COURTS
The U.S. Court of Federal Claims hears claims against the United States.
The U.S. Bankruptcy Courts hear and decide certain matters under the Federal
Bankruptcy Code.
The U.S. Tax Court hears cases involving federal taxes.
The U.S. Court of Appeals for the Federal Circuit reviews decisions of the Court
of Federal Claims, the Patent and Trademark Office, patent cases decided by the
U.S. District Courts, the U.S. Court of International Trade, the Merit Systems
Protection Board and the U.S. Court of Veterans Appeals.
STATE COURTS
Small Claims/City Courts/ JP Courts
District Courts
Appellate Courts
Supreme Court
Small Claims Court and City Courts: only difference is there are no lawyers
involved in small claims courtnot enough money to be made
JP- Justice of the Peace, limited financially and geographically like city court,
work out of their house sometimes
JURISDICTION
To resolve a lawsuit, a court must have jurisdiction: the authority to hear and
decide a given case.
There are two kinds:
jurisdiction over the subject matter of the lawsuit and
jurisdiction over the parties to a lawsuit.
Jurisdiction is typically where the action/accident/etc occurred
Exclusive Federal Jurisdiction over federal criminal prosecutions, maritime
or seagoing law) bankruptcy, antitrust, patent, trademark and copyright cases,
suits against the United States, and cases arising under certain federal statutes
expressly providing for exclusive jurisdiction.
Concurrent Federal Jurisdiction Two types: (1) federal question jurisdiction
over any case (no minimum dollar requirement) arising under the Constitution,
statutes, or treaties of the United States, if there is not exclusive federal
jurisdiction (2) civil suits where there is diversity of citizenship and the amount in
controversy exceeds $75,000.
Diversity of citizenship exists:
o when the plaintiffs are citizens of a state or states different from the state
or states of which the defendants are citizens; or
o when a foreign country brings an action against citizens of the United
States; or
o when the controversy is between US citizens and citizens of a foreign
country.
Exclusive jurisdiction vs. concurrent jurisdiction
STATE JURISDICTION
Exclusive State Jurisdiction The state courts have exclusive jurisdiction over
all matters not involving exclusive Federal jurisdiction or concurrent jurisdiction,
including but not limited to property, torts, contracts, agency, commercial
transaction, domestic matters and most crimes.
o What is exclusive state jurisdiction (according to the textbook)?
***read book for exam!
Choice of Law in State Courts A state may choose to apply the law of
another state to a case that has connections to both states. This conflict of laws
rule may vary from state to state.
JURISDICTION OVER PARTIES
Jurisdiction over the parties is the power of a court to bind the parties involved in
the dispute.
The court must give reasonable notification and a reasonable opportunity to be
heard.
Moreover, jurisdiction is valid only if the defendant has sufficient minimum
contacts with that state.
Domestic courts: can they bind parties from another state?
Trial courts: can they bind parties from another state? Country?
Wrongful termination: what court has jurisdiction?
Proof of amount in controversy: by preponderance of evidence by plaintiff or
party provoking federal jurisdiction. This may be controverted by other party to
defeat federal jurisdiction. Are the claims sufficient such that they are facially
apparent to exceed the threshhold? If not; hearing.
Is it ethical to inflate the amount of damages to get into federal court?
Amount determined at time of filing suit.
If no amount alleged, party invoking federal jurisdiction must prove by
preponderance of evidence the amount exceeds the jurisdictional amount.
If it is not clear to a legal certainty that the damages claimed would not satisfy the
jurisdictional amount requirement, the plaintiff is entitled to have its claim heard
in a federal court.
IN PERSONAM JURISDICTION
Jurisdiction of a court over the parties to a lawsuit in contrast to its jurisdiction
over their property applies to persons domiciled in that state or those who are
temporarily present in the state and are personally served process within the state.
Most states have adopted long-arm statutes to allow courts to obtain jurisdiction
over a nonresident defendant who:
o has committed a tort (civil wrong) within the state,
o owns property in the state, if that property is the subject of the lawsuit,
o has entered into a contract within the state, or
o has transacted business within the state, if that business is the subject
matter of the lawsuit.
IN REM JURISDICTION
Jurisdiction over claims to property situated within the state if the plaintiff gives
those persons who have an interest in the property reasonable notice and an
opportunity to be heard.
ATTACHMENT JURISDICTION
Applies to property, like in rem jurisdiction, but is invoked by seizing the
defendants property within the state to obtain payment of a claim against the
defendant that is unrelated to the property seized.
VENUE
The particular geographical place where a court with jurisdiction may hear a case;
often confused with jurisdiction. Its purpose is to regulate the distribution of
cases within a specific court system and to identify a convenient forum. Is
usually the county of residence of one party or the county where an involved
piece of real estate is located.
Can suit be brought in another state to resolve a claim which occurred in
Louisiana? What about in another parish in Louisiana if accident occurred in
EBR?
o Murder- venue where you committed the act
o Contract- where the contract is last signed (goes into effect)wheres the
work going to be performed
o Gulf of Mexico- maritime and seamen claimstwo districts with
jurisdiction: Western Lake Charles, Eastern new Orleans (more
favorable)
Civil Dispute Resolution (lawsuit)
3 legs:
1. Liability
2. Damages
3. Solvent Defendant: ability to pay/collect (like a student who doesnt
have a lot of money) good for 10 yrs in case you come into the
money
Incident
Files suitpleadings
purpose of pleadings is to give notice and to establish the issues of fact and law
the parties dispute.
The complaint is the initial pleading by the plaintiff stating his case. The lawsuit
begins when the county sheriff serves a summons and a copy of the complaint.
PLEADINGS
Responses to Complaint: the Answer.
If the defendant fails to respond to the summons and complaint, a default
judgment will be entered against him.
Pre-trial Motions: jurisdiction, venue, parties, statute of limitations, vagueness,
no cause or right of action. Affirmative defenses, counterclaims.
Discovery (more than investigation)
is the pretrial exchange of information between opposing parties to a lawsuit
includes (1) pretrial depositions consisting of sworn testimony taken out of court;
(2) sworn answers to written questions; (3) production of documents and physical
objects; (4) examination by a physician of the physical condition of the opposing
party; and (5) admissions of facts set forth in a request for admissions.
Interrogatories, DISCOVERY
Depositions, Record Production, Inspection, Physical Inspection
of Property, Medical Exams, Admissions of Fact
Expense and time
PRE-TRIAL PROCEDURE
Judgment on the Pleadings
Pretrial conference
Summary judgment
TrialJury or Bench
The U.S. Constitution guarantees the right to a jury trial in federal civil cases
involving more than twenty dollars, and nearly every state constitution provides a
similar right. The parties may choose not to have a trial by jury. The jury
determines questions of fact, and the judge determines issues of law. When there
is no jury, the judge serves both functions.
Voir Dire
Juror Challenges:
Challenges for cause
Peremptory challenges
TRIAL: JURY SELECTION
Jury Selection As the parties attorneys (or in some courts, the judge) examine
the potential jurors, each party can prevent prospective jurors from serving on the
basis of potential bias (challenges for cause). Each party also has a limited
number of peremptory challenges for which no cause is required to disqualify a
prospective juror. (The Supreme Court ruled that the Constitution prohibits juror
discrimi-nation based on race or gender.) The process of examination of jurors is
called voir dire (vwar deer).
TRIAL
Both attorneys make an opening statement about the facts that they expect to
prove.
The plaintiff and his witnesses then testify on direct examination by the
plaintiffs attorney. Each is subject to cross-examination by the defense.
(Directed verdict?)
The defendant and his witnesses then testify on direct examination, subject to
cross examination.
POST-TRIAL ISSUES
Jury Instructions/Verdict The jury receives jury instructions and then
deliberates to reach a general verdict. The judge then applies the law to these
findings and renders a judgment.
Motions Challenging Verdict The unsuccessful party has two options at this
point (before appeal): A motion for a new trial may be granted if (1) the judge
committed prejudicial error during the trial, (2) the verdict is against the weight of
the evidence, (3) the damages are excessive, or (4) the trial was not fair. The
judge has the discretion to grant a motion for a new trial (on ground 1, 3, or 4
above) even if the verdict is supported by substantial evidence.
A motion for judgment notwithstanding the verdict (called a judgment n.o.v.) may
be filed, but must be denied if there is substantial evidence supporting the verdict.
This motion is similar to a motion for a directed verdict, only it is made after the
jurys verdict and is contrary to that verdict.
Appeals: Did the trial court commit prejudicial error. Errors of law only are generally
considered; trial court is trier of fact, and given great discretion to determine the facts.
(vs. harmless error)
The appellate court does not rehear evidence or re-determine facts.
Rehearing
Collection of Judgment
Garnishment
Seize Property
Court Costs
Attorney Fees
Interest
Arbitration
A nonjudicial proceeding where a neutral third party renders a binding decision.
The parties usually select an arbitrator with special expertise.
Types of Arbitration There are two basic types of arbitration: consensual (which
is more common) and compulsory.
o a.
Consensual arbitration occurs when parties to a dispute agree to
submit to arbitration.
o b.
Compulsory arbitration is required by statute for specific types of
disputes such as those involving public employees like police officers or
fire fighters.
Procedure The procedure is usually specified by the parties agreement. The
arbitrator renders an award, is binding on the parties, and is subject to limited
judicial review if: (1) the award was procured by corruption, fraud, or other undue
means; (2) the arbitrators were partial or corrupt; (3) the arbitrators were guilty of
misconduct prejudicing the rights of a party to the arbitration proceeding; and (4)
the arbitrators exceeded their powers.
MEDIATION
A process in which a third party (the mediator) selected by the disputants helps
them to reach a resolution of their disagreement. The mediator, unlike the
conciliator, proposes possible solutions for the parties to consider, but like the
conciliator he does not have the power to render a binding decision.
White v. FCI
Wrongful terminationrefusal to perform illegal act
Defendant remove to federal court
Issue $75,000 jurisdictionalremoval proper.
Wrongful termination: what court has jurisdiction?
Proof of amount in controversy: by preponderance of evidence by plaintiff or
party provoking federal jurisdiction. This may be controverted by other party to
defeat federal jurisdiction. Are the claims sufficient such that they are facially
apparent to exceed the threshhold? If not; hearing.
Is it ethical to inflate the amount of damages to get into federal court?
Amount determined at time of filing suit.
If no amount alleged, party invoking federal jurisdiction must prove by
preponderance of evidence the amount exceeds the jurisdictional amount.
If it is not clear to a legal certainty that the damages claimed would not satisfy the
jurisdictional amount requirement, the plaintiff is entitled to have its claim heard
in a federal court.
World Wide Volkswagon v. Woodson
Oklahoma does not have jurisdiction over NY defendant
Parker v. 20th Century
Summary judgement
Shirley MacLaine Parker, a well-known actress, contracted with Twentieth
Century-Fox Film Corporation in August 1965 to play the female lead in Foxs
upcoming production of Bloomer Girl, a motion picture musical that was to be
filmed in California. Fox agreed to pay Parker $750,000 for fourteen weeks of
her services. Fox decided to cancel its plans for Bloomer Girl before
production had begun and, instead, offered Parker the female lead in another film,
Big Country, Big Man, a dramatic western to be filmed in Australia. The
compensation offered was identical, but Parkers right to approve the director and
screenplay would have been eliminated or altered by the Big Country proposal.
She refused to accept and brought suit to recover the $750,000 for Foxs breach of
the Bloomer Girl contract. Foxs sole defense was that it owed no money to
Parker because she had deliberately failed to mitigate or reduce her damages by
unreasonably refusing to accept the Big Country lead. Parker filed a motion for
summary judgment. Fox claimed only that the Big Country offer was not
employment different or inferior to that under the Bloomer Girl contract.
Decision: Summary judgment granted to Parker.
Opinion: The matter to be determined by the trial court on a motion for summary
judgment is whether facts have been presented which give rise to a triable factual
issue. The court may not pass upon the issue itself. Summary judgment is proper
only if the affidavits or declarations in support of Parker, the moving party, would
be sufficient to sustain a judgment in her favor and her opponent does not by
affidavit show facts sufficient to present a triable issue of fact. The affidavits of
the moving party are strictly construed, and doubts as to the propriety of summary
judgment should be resolved against granting the motion. Such summary
procedure is drastic and should be used with caution so that it does not become a
substitute for the open trial method of determining facts.
Here, it is clear that the trial court correctly ruled that Parkers failure to accept
Foxs tendered substitute employment could not be applied in mitigation of
damages because the offer of the Big Country lead was of employment both
different from and inferior to the lead in Bloomer Girl, and that no factual
dispute was presented on that issue. Therefore, summary judgment in favor of
Parker is granted for $750,000.
Interpretation: A court will grant summary judgment when no issues of fact need
to be determined by trial.
Circuit City v. Saint Clair
Does Federal Arbitration Act apply to non transportation employment contracts
Court of Appeal held all employment contracts were exempt from Act
Supreme Court reversesay exemptions from Act limited to transportation
employment
Facts: In October 1995, Saint Clair Adams applied for a job at Circuit City Stores, Inc.
Adams signed an employment application, which included the following:
"I agree that I will settle any and all previously unasserted claims, disputes or
controversies arising out of or relating to my application or candidacy for employment,
employment and/or cessation of employment with Circuit City, exclusively by final and
binding arbitration before a neutral Arbitrator. By way of example only, such claims
include claims under federal, state, and local statutory or common law, such as the Age
Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as
amended, including the amendments of the Civil Rights Act of 1991, the Americans with
Disabilities Act, the law of contract and the law of tort."
Adams was hired as a sales counselor in Circuit City's store in Santa Rosa, California.
Two years later, Adams filed an employment discrimination lawsuit against Circuit City
in state court, asserting claims under California's Fair Employment and Housing Act, and
other claims based on general tort theories under California law. Circuit City filed suit in
the United States District Court, seeking to enjoin the state-court action and to compel
arbitration of respondent's claims pursuant to the Federal Arbitration Act (FAA). The
District Court entered the requested order, concluding that Adams was obligated by the
arbitration agreement to submit his claims against the employer to binding arbitration.
Adams appealed.
While the appeal was pending in the Court of Appeals for the Ninth Circuit, that court
ruled on the key issue in an unrelated case, holding that the FAA does not apply to
contracts of employment and so was not subject to the FAA. Circuit City petitioned the
United States Supreme Court, noting that the Ninth Circuit's conclusion that all
employment contracts are excluded from the FAA conflicts with every other Court of
Appeals to have addressed the question. The United States Supreme Court granted
certiorari to resolve the issue.
Decision: The judgment of the Court of Appeals for the Ninth Circuit is reversed, and the
case is remanded for further proceedings consistent with this opinion.
Opinion: Congress enacted the FAA in 1925 as a response to hostility of American
courts to the enforcement of arbitration agreements. The FAA compels judicial
enforcement of a wide range of written arbitration agreements.