The American Legal System2

The American Legal System2 - The American Legal System The...

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Unformatted text preview: The American Legal System The Legal Environment of Business SDSU Jurisdiction Original Jurisdiction Appellate Jurisdiction The Legal Environment of Business SDSU Types of Jurisdiction In personam In rem [e.g. foreclosure] "Long Arm" Statutes [International Shoe and Worldwide VW] Jurisdiction against a corporation Forum Shopping Submission to jurisdiction Internet jurisdiction [Zippo] [L.L. Bean] and Carefirst] SDSU The Legal Environment of Business Jurisdiction in Cyberspace The Legal Environment of Business SDSU Subject Matter Jurisdiction State Exclusive Federal (e.g. bankruptcy, admiralty) Concurrent (federal question/diversity) The Legal Environment of Business SDSU "Get me outta here!" Motion to Remove to Federal Court [Gafford v. GE] Motion for change of venue Motion to disqualify judge The Legal Environment of Business SDSU "Now rise! This honorable court of San Diego County is now in session" State Judges elected Federal Judges appointed for life The Legal Environment of Business SDSU Power of Judicial Review MARBURY V. MADISON courts have the power to determine whether a law passed by the legislature violates the Constitution Judicial restraint strict construction Judicial activism "Here's what the legislature would have done with this issue." (Florida Supreme Court and 9th Circuit) The Legal Environment of Business SDSU Structure of the Court System Federal District Courts (Original jurisdiction civil and criminal) Courts of Appeal (12 Circuits) Supremes (9 members) State No uniform structure The Legal Environment of Business SDSU Attorneys "Boo! Hiss!" Private practice law firm Public US or State Attorneys InHouse AttorneyClient Privilege (WorkProduct) The Legal Environment of Business SDSU Commencement of Litigation Complaint Service of the summons Motion to Quash Jurisdiction Answer/Motion to Dismiss The Legal Environment of Business SDSU Juries Petit Juries 12 or in some cases as few as 6 In more than the states unanimity not required Grand Juries Indictment The Legal Environment of Business SDSU Steps in Civil Litigation Pretrial Negotiations Complaint Service of Process Answer or Motion (pleading affirmative defense), counterclaim, crossclaims Discovery Interrogatories, Requests to Admit, Depositions Pretrial Conference Pretrial Motions The Legal Environment of Business SDSU Steps in Litigation II Trial Jury selection (if not a "bench" trial) voir dire (peremptory challenges (4 or 5), challenges for cause) Plaintiff's Case Motion for Directed Verdict Defendant's Case Jury instructions Closing Arguments Post Trial Motions "NOV" The Legal Environment of Business SDSU Appellate Procedure Preparing a case for appeal Filing a notice of appeal Appellate brief Points and Authorities Response by the Respondent Reply Oral Argument Possible Results Affirm Modify Reverse Remand The Legal Environment of Business SDSU Appeals to the Supremes Petition for Writ of Certiorari Substantial federal question Conflicting decisions among the circuits State court holds federal law invalid and upholds a state law Federal Court has ruled an act of Congress is unconstitutional Appeals as a matter of right Between states Between state and a foreign country The Legal Environment of Business SDSU ...
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This note was uploaded on 10/15/2008 for the course FIN 240 taught by Professor - during the Spring '08 term at San Diego State.

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