Chapter 3

Judiciary

Federal and state courts; primary roles are to adjudicate cases (solve disputes) and conduct judicial review (review decisions of lower courts)

Adjudicate

To solve or resolve a dispute — this is what happens at trial

State Courts vs Federal Courts

State courts handle state statutes, common law, and state constitutional law. Federal courts handle national laws, federal constitutional issues, and cases outside state court authority

Jurisdiction

The legal authority a court must have to hear a case — requires BOTH subject matter jurisdiction AND personal jurisdiction

State Trial Court

Where parties present their cases and evidence; creates a permanent written transcript

State Appellate Court

Reviews decisions of lower courts using briefs, oral arguments, and transcripts

Plaintiff

The aggrieved party — the person who is suing

Defendant

The alleged wrongdoer

General Authority Courts

Courts organized into geographic districts that can hear broad cases: breach of contract, employment discrimination, personal injury, criminal cases, property disputes

Limited Authority Courts

Specialized courts confined to specific matters like family law (divorce, custody, adoption) or probate (wills and estates)

Chancery Courts

Courts in Delaware devoted solely to commercial law matters

Municipal/Small-Claims Courts

Handle cases with smaller dollar values (under $10,000); often do NOT maintain permanent records

Trial de Novo

A form of appeal where the appeals court conducts a BRAND NEW trial as if the original never happened — ordered when the initial outcome was unsatisfactory

Civil Case Courts

One party seeks a remedy (like money damages) for a private wrong committed by another party

Criminal Case Courts

The government charges the accused party with committing a crime

Appellant / Petitioning Party

The losing party who requests an appeal after a trial court decision

Briefs

Written documents by attorneys articulating legal reasons why their side should win — reviewed by appellate courts

Oral Argument

Live question-and-answer session between attorneys and appellate judges on the legal issues in a case

Remand

To send a case back to the lower court for further action consistent with the higher court's instructions

State Supreme Court

The highest appellate court at the state level — its decisions are final and binding

Federal Judge Selection

All federal judges are appointed: president nominates, Senate reviews. Once in office, they can only be removed by impeachment

Impeachment

A formal constitutional process where a legislative body initiates charges against a public official for misconduct — requires a trial

U.S. District Courts

Federal trial courts — same function as state trial courts but handle federal matters (statutes, regulations, constitutional issues); 94 districts nationwide

Diversity of Citizenship (Federal)

Federal courts can hear state law cases if parties are from different states AND the amount in controversy exceeds $75,000

U.S. Courts of Appeal

13 federal appellate courts (circuit courts) that review decisions of federal district courts

Federal Circuit Court of Appeals

Handles exclusively federal issues like patent, copyright, trademark cases, and cases where the U.S. is named as a defendant

U.S. Supreme Court Structure

One chief justice + up to 8 associate justices = 9 total (unchanged since 1869); has both original and appellate jurisdiction

Original Jurisdiction (Supreme Court)

Cases involving ambassadors, high public officials, or disputes between two states — the Supreme Court acts as a trial court

Writ of Certiorari

A discretionary order from the Supreme Court agreeing to hear an appeal — requires 4 of 9 justices to vote yes

Circuit Split

When different appellate courts issue conflicting opinions on the same legal issue — this is a key reason the Supreme Court takes a case

Common Law System

The American legal system where courts interpret and develop the law through written decisions — a court ruling can become law

Venue

Determines the most appropriate LOCATION for a dispute to be heard — even if multiple courts have jurisdiction, one location may be fairer

Due Process Clause

Found in the 5th and 14th Amendments — prohibits depriving someone of a property interest (usually money damages) without a fair process; basis for jurisdiction rules

Subject Matter Jurisdiction

The court's authority over the TYPE of dispute — federal courts need a federal question or diversity of citizenship

Personal Jurisdiction (Personam)

The court's authority over the PARTIES involved in a dispute

Federal Question

An issue arising from the U.S. Constitution, a federal statute or regulation, or federal common law — required for federal subject matter jurisdiction

Original vs Concurrent Jurisdiction

Original = first court to hear a case. Concurrent = more than one court has jurisdiction over the same case

Choice of Forum Factors

Costs, judge expertise, jury composition, appeal options, and time to trial — all considered when choosing where to file a lawsuit

Litigant

The generic term for any party to a lawsuit

In Rem Jurisdiction

Court authority to determine title to an object or real estate — the PROPERTY is the subject of the lawsuit

Quasi In Rem Jurisdiction

Court uses its property jurisdiction to compel a party to appear in court by attaching their property — even without normal personal jurisdiction over that person

State Long-Arm Statute

A law granting a state court jurisdiction over out-of-state defendants based on their conduct in or affecting the state (e.g., doing business there, causing harm there)

Two-Prong Test for Out-of-State Personal Jurisdiction

Prong 1: State long-arm statute must authorize it. Prong 2: Must meet constitutional fairness/due process (minimum contacts + purposeful availment)

Minimum Contacts

The defendant must have some meaningful connection to the state, like regularly shipping products there — key part of the due process analysis

Purposeful Availment

The defendant took some affirmative action directed at the forum state, like conducting business there — invokes that state's laws and protections

Injurious Effect / Effects Test

Personal jurisdiction is proper if it was reasonably foreseeable that the defendant's actions would harm someone in that state — used mainly in intentional tort/defamation cases

Defamation

An intentional act of making an untrue public statement about someone that causes them to suffer a loss

Calder v. Jones

Key case: California court had jurisdiction over a Florida tabloid because it was foreseeable the defamatory article would harm the actress in California — established the Effects Test

Goodyear v. Brown (2011)

Key case: General jurisdiction over a corporation in a state requires contacts so continuous and systematic that the company is essentially "at home" there — sporadic tire sales weren't enough

Voluntary Personal Jurisdiction

A non-resident party agrees to the jurisdiction of a particular court in a certain state

Forum Selection Clause

A contract clause where both parties agree in advance on the location (forum) for any legal disputes — enforceable even in ticket purchases or sign-ups

Zippo Test (Internet Jurisdiction)

Scale-based test: Active commercial websites = likely jurisdiction. Interactive sites = case-by-case. Passive info-only websites = no jurisdiction alone

Effects Test (Internet)

For online defamation/intentional harm: jurisdiction is proper if the defendant's online actions were intentionally targeting someone in that state

Country of Origin Principle

In international internet disputes, the law of the country where the defendant's servers are located applies — agreed to by the U.S., Canada, and EU

Country of Reception

Some countries apply the law of the country where the content is received/accessed — increases compliance risk for businesses