BU315 - Ch. 3 American Judicial System

wyd when a court casts mage hand and drags you into their court over a parking ticket huh?

Judiciary

The American legal system comprised of federal and legal courts. It’s roles are to:

1. Adjudicate cases

2. Judicial Review

to Adjudicate

The judiciary court’s role to resolves disputes

Judicial Review

The judiciary court’s role to review lower courts as well as the actions of the other government branches and determine if they are complying with existing law and the Constitution

State Courts

Courts that adjudicated matters to do with cases from the state statues, state common law, and state constitutional law.

Federal Court

Courts that are concerned with national law, federal constitutional issues, and other cases outside of state court’s jurisdiction

State Trial Courts

The first courts at state level where facts are decided, they either have general authority (personal injury, employee discrimination, criminal cases) or limited authority (family matters, probate law) to hear a case. Also either hear civil or criminal cases. ex. Shawnee County District Court

Two types of court cases covered by State Trial Courts

Civil Cases - where one party seeks remedy, such as an award of money damages, for a private wrong committed by another party

Criminal Cases - the accused party is charged by the government for committing a crime

State Appellate Courts

Review the decisions of Trial Courts by searching for legal error. They also set a precedent for the lower trial courts (- a past court decision used to determine outcomes of similar cases).

Trial de Novo

A form of appeal in which appellate courts conduct a new trial as if the previous one had never occurred

Remand

To send a case back to the lower court from which it came for further action consistent with the opinions and instructions of the higher court

3 Federal Court types

US District Courts - Trial courts at federal level

US Courts of Appeal - Federal level appellate courts (circuit courts of appeal)

US Supreme Court - The highest federal court that reviews decisions of lower courts

Jurisdiction

The court’s authority to decide a particular case based on Subject Matter (The party’s dispute) and Personal (parties disputing)

Venue

The most appropriate location for a trial

Federal Question

“Federal Subject Matter Jurisdiction” - An issue arising from the Constitution, federal statute/regulation, or federal common law

Diversity of Citizenship

“Out of State Defendants” - federal courts have power over a case when the two parties are from different states or if one party is from outside of the US

Original Jurisdiction

“The court initially authorized to hear a case” - when two courts have this authority it is called Concurrent Jurisdiction (“courts not initially authorized to hear a case”).

In Rem Jurisdiction

Jurisdiction over real estate or personal property. (Quasi In Rem Jurisdiction is over real estate or personal property when the case does not directly have to do with that property.)

State Long-Arm Statutes

“Fairness and Due Process”/”Out of State Defendants” - allows a court reach into another state to exercise jurisdiction over a nonresident defendant (within reason)

Minimum Contacts

“Fairness and Due Process” - when it is appropriate for a court in one state to have personal jurisdiction over an out of state defendant, such as if the defendant has continuous or systematic contact with the offended state

Circuit Split

When two or more federal circuit courts of appeal offer multiple different conflicting rulings on the same issue

Country of Origin Principle

Location of a defendant’s server, the law in US and EU countries

Country of Reception Principle

Law in non-US and EU contract disputes