Comprehensive Guide to U.S. Court Jurisdiction and Litigation Process

What is jurisdiction?

A court's legal power or authority to hear a case and make a binding decision

What is original jurisdiction?

The power to hear and decide a case when it first enters the legal system.

Which courts generally have original jurisdiction?

Trial courts.

What is appellate jurisdiction?

The power to review a lower court's decision to determine whether legal errors occurred.

Which courts have appellate jurisdiction?

Courts of appeals.

What is in personam jurisdiction?

A court's power to make a decision affecting the rights of the specific people involved in a case.

In personam = Power over the person

What is subject-matter jurisdiction?

A court's authority to hear certain types or categories of cases.

Subject matter = Type of case

What is exclusive federal jurisdiction?

Cases that may be heard only by federal courts.

What cases fall under exclusive federal jurisdiction?

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Admiralty cases

Bankruptcy cases

Federal criminal cases

One state suing another state

Claims against the United States

Certain cases involving federal statutes

What is an admiralty case?

A legal case involving oceans, ships, or maritime activity.

What types of cases do state courts hear?

Most legal cases and cases that do not fall under exclusive federal jurisdiction.

Where do most court cases occur?

State courts.

What is concurrent jurisdiction?

When both federal and state courts have authority to hear a case

Concurrent = Shared

What two types of cases may have concurrent federal and state jurisdiction?

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Federal-question cases

Diversity-of-citizenship cases

What is a federal-question case?

A case involving the U.S. Constitution, federal law, or a federal statute.

What is diversity of citizenship?

A case involving parties who are citizens of different states.

What does tripartite mean?

Divided into three parts or levels.

What are the three levels of the federal court system?

U.S. District Courts

U.S. Courts of Appeals

U.S. Supreme Court

What are federal trial courts called?

U.S. District Courts.

What are the intermediate federal appellate courts called?

U.S. Circuit Courts of Appeals.

What is the highest federal court?

The U.S. Supreme Court.

What are the three levels of a typical state court system?

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State trial courts

Intermediate state courts of appeal

State supreme court

What are the three threshold requirements for litigation?

Standing

An actual case or controversy

Ripeness

What is standing to sue?

The legal right of a person to bring a lawsuit because they have suffered or are about to suffer an injury.

What three things are needed to establish standing?

An actual or imminent injury

The injury can be connected to the defendant's actions

A favorable court decision can remedy the injury

What is a case or controversy?

A real legal dispute between opposing parties that a court can resolve

What is ripeness?

The dispute has developed enough that a court decision can affect the parties immediately.

Ripe = Ready for court

What is venue?

The most appropriate geographic location for a case to be heard.

Where is the proper venue usually located?

Where the parties live or where the dispute occurred.

Jurisdiction = Does the court have the power?

Venue = Is this the correct location?

What are the seven major pretrial steps?

Informal negotiations

Pleadings

Service of process

Defendant's response

Pretrial motions

Discovery

Pretrial conference

What are pleadings?

Formal documents explaining each party's claims and defenses.

What is service of process?

Formally notifying the defendant that a lawsuit has been filed against them.

What is discovery?

The process in which both parties exchange relevant information, evidence, and documents before trial.

When does discovery occur?

After the pleadings have been filed.

What are the major discovery methods?

Interrogatories

Requests for documents

Depositions

Requests for admission

What are interrogatories?

Written questions that the opposing party must answer.

What is a deposition?

Sworn testimony given outside of court before a trial.

What is a request for admission?

A request asking the other party to admit that certain facts are true.

What are the major stages of a civil trial?

Jury selection

Opening statements

Witness examinations and presentation of evidence

Closing arguments

Jury instructions

What happens during opening statements?

Each side introduces its case and explains what it expects the evidence to show.

What happens during closing arguments?

Each side summarizes its case and argues why it should win.

What are jury instructions?

The judge explains the laws and legal rules the jury must use when deciding the case.

What is an appeal?

A request for a higher court to review a lower court's decision.

What is generally required for an appeal to succeed?

A prejudicial error of law that affected the case's outcome.

Can new evidence generally be introduced during an appeal?

No. Appeals are based on the existing trial record.

What four decisions can an appellate court make?

Affirm

Modify

Reverse

Remand

What does affirm mean?

The appellate court agrees with and keeps the lower court's decision.

What does modify mean?

The appellate court changes part of the lower court's decision.

What does reverse mean?

The appellate court overturns the lower court's decision.

What does remand mean?

The appellate court sends the case back to the trial court for additional proceedings or a new hearing.

Memory trick:

A-M-R-R

Affirm → Modify → Reverse → Remand

Does the U.S. Supreme Court hear every case appealed to it?

No. It hears very few cases each year.

What is a writ of certiorari?

An order showing that the U.S. Supreme Court has agreed to review a lower court's case.

What is the Rule of Four?

At least four of the nine Supreme Court justices must agree to hear a case.

What does ADR stand for?

Alternative Dispute Resolution.

What is ADR?

Resolving legal disputes through methods other than court litigation.

What are the three primary forms of ADR?

Negotiation

Mediation

Arbitration

Why might businesses prefer ADR over litigation?

Usually faster

Usually less expensive

Avoids unpredictable jury decisions

Keeps disputes private

Avoids creating legal precedent

May preserve business relationships

What is mediation?

A neutral mediator helps the parties communicate and create their own agreement.

Does a mediator make the final decision?

No.

What are the advantages of mediation?

May preserve professional relationships

Allows creative solutions

Gives the parties more control and autonomy

What are the disadvantages of mediation?

Power differences may create an unfair agreement.

A party may use mediation only to delay the dispute.

What is arbitration?

A neutral arbitrator hears a dispute and makes a decision.

What are the advantages of arbitration?

May be faster and less expensive

Parties can select the arbitrator

Parties have more control over the process

An expert in the subject may be selected

Arbitrators may have more flexibility

What is a binding arbitration clause?

A contract provision requiring disputes related to the contract to be resolved through arbitration.

If parties agreed to a binding arbitration clause, can they normally choose to go directly to court instead?

Generally, no. They must resolve the dispute through arbitration.