Part One- Courts

Courts of limited jurisdiction

Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in..

find the relevant facts, identify the appropriate rule(s) of law, and combine the facts and the law to reach a decision.

Trial courts

First, they are not governed by the subject-matter restrictions or the limits on civil damages or criminal penalties that govern courts of limited jurisdiction.

record that keep detailed records of hearings, trials, and other proceedings.

Appellate Courts

generally decide only legal questions.

Jurisdiction

court’s power to hear a case and to issue a decision binding on the parties. Venue must be sufficient too

Subject-Matter Jurisdiction

court’s power to decide the type of dispute involved in the case. Criminal courts, for example, cannot hear civil matters. Similarly, a $500,000 claim for breach of contract cannot be pursued in a small claims court.

Forum selection clause

contract term where the parties agree in advance which state’s courts must be used if there is a lawsuit—and courts usually enforce it.

Federal district courts

trial courts of the federal system, where cases begin and where judges (and sometimes juries) determine the facts and apply the law.

Summons

formal notice telling the defendant a lawsuit has been filed against them, and how long they have to respond (usually by hiring a lawyer and filing an answer). usually delivered together with the complaint

Pleadings

documents the parties file with the court when they first state their respective claims and defenses. include complaint, answer, reply

Affirmative Defense

enables the defendant to win the case even if all the allegations in the complaint are true and, by themselves, would have entitled the plaintiff to recover

Counterclaim

new claim by the defendant arising from the matters stated in the complaint.

Lay Witness

factual based, ordinary businesses, only testify about facts they personally saw, heard, or experienced, usually no opinions

Motion to Dismiss

The procedural device for ending the case at this early stage is commonly called….the law does not recognize a valid claim

Discovery

legal process that allows each party to obtain information from the other party before trial. clarify the issues for trial, and prevent surprises during the trial

Summary Judgement

way for the court to decide a case without a full trial…allows a court to resolve a case without trial when there are no disputed important facts and the law clearly favors one party.

A civil trial involves…

presenting evidence and witnesses to a judge or jury, with lawyers examining witnesses, objecting to improper evidence, and rebutting the opposing side, until a verdict is reached.

Expert Witnesses

These are people with special knowledge or expertise(education, training) their role is to help the judge or jury understand complex issues ex. doctors

Before an expert can testify, the judge must decide…

this person truly an expert? Experts opinion reliable?

Jury nullification

Reaches a verdict contrary to the law or evidence because they believe the outcome is more “just.”

Special Verdict

The jury answers specific written questions about the facts. The judge, not the jury, applies the law to those facts.

Directed Verdict

is when the judge takes the case away from the jury and decides it before the jury deliberates. It limits jury power when the case is legally one-sided.

Judgment Notwithstanding the Verdict (JNOV)

allows a judge to overturn the jury’s verdict after it has already been issued. Occurs after the jury returns a verdict.

Affirm

appellate court agrees with trial court

Reverse

appellate court disagrees with trial court

Remand

send the case back to the trial court for more action

The Class Action

allows one or more persons to sue on behalf of themselves and all others who have suffered similar harm from substantially the same wrong.

When a Class Action Must Go to Federal Court

• The total amount of money at stake is more than $5 million, and

• At least one plaintiff lives in a different state than at least one defendant

Class Action Fairness Act of 2005 (CAFA)

a federal statute that changed where large class action lawsuits can be filed. promoted more fairness plantiffs

Large class action lawsuits requirements

• The amount in controversy exceeds $5 million, and

• At least one plaintiff and one defendant are from different states.

alternative dispute resolution (ADR)

A general name applied to the many nonjudicial means of settling private disputes. ways to resolve legal disputes without going through a full court trial.

Types of ADR…

settlement, Arbitration, Arbitration + class actions, Court-annexed arbitration, Mediation, Summary jury trial, Minitrial,

Settlement

parties agree to end the lawsuit voluntarily—contract

Usually:

• The defendant pays money

• The plaintiff agrees to drop the case

• The defendant does not admit fault

Arbitration

• The dispute is decided by a neutral third party

• The arbitrator’s decision is binding

• It replaces a court trial

• The parties agreed ahead of time in a contract

Court-annexed arbitration

• Court automatically sends certain cases to arbitration

• Usually for small-dollar disputes

Important:

• It may be mandatory

• But the losing party can still demand a real trial

Mediation

• A mediator helps the parties talk

• The mediator does not decide

• The goal is a mutual agreement

Summary jury trial

• A mock trial

• Short and private

• Jury verdict is non-binding

Purpose:

• Show the parties how a real jury might react

• Push them toward settlement

Minitrial

• A private, informal trial

• Lawyers present arguments to:

  • Senior managers from both sides

• Sometimes a neutral advisor gives an opinion

Goal:

• Help business decision-makers settle the case

AT&T Mobility LLC v. Concepcion (2011)

Federal Arbitration Act preempts state laws that deem class-action waivers in arbitration agreements unconscionable, requiring courts to enforce arbitration agreements as written, even when they bar class proceedings. Many companies started mandatory arbitration waivers

There are two primary levels of Indiana state courts:

trial courts and appellate courts

In Indiana, there are three different kinds of trial courts:

circuit courts, superior courts, and local city or town courts.

Bombliss vs. Cornelson

A defendant is not liable for injuries caused after a plaintiff voluntarily leaves a relationship that would otherwise create a duty, even if the harm was foreseeable. Was there a special relationship at the time of injury? Had that relationship ended before the harm occurred?

Benton vs. Cameco

A defendant owes no duty for injuries arising from hazards they do not control, even if the injury was foreseeable.

What circuit is the state of Indiana in?

seventh

Plantiff

person suing

Defendant

Person being sued

Appelent

Person who appeals

Appellee

party in a legal case who responds to an appeal filed by another party (the appellant)

Preponderance of the evidence

standard of proof used in many legal cases—especially civil cases. it means that something is more likely true than not true.

Beyond a reasonable doubt

highest standard of proof in law, used in criminal cases. It means the evidence must show the defendant is so likely guilty that there is no reasonable doubt in the mind of a reasonable person.

Federal, Trial Court

United States District Courts (federal questions, diversity, copyright, bankruptcy)

State, Trial Court

District, circuit, superior, or county courts, in most states

(civil or criminal matters)

Federal, Appellate Court

United States Courts of Appeals (12 geographic) –“Circuit Courts” & United States Supreme Court

State, Appellate Court

State Court of Appeals (appeals from trial courts)

State Supreme Court (appeals from trial courts or courts of appeals; some mandatory, some discretionary)

Common Law

is law made and applied by judges as they decide cases not governed by statutes or other types of law.

Price v. High Pointe Oil Company, Inc.

In Michigan, a plaintiff may not recover noneconomic damages for emotional distress arising solely from the negligent destruction of property; damages are limited to the cost of repair or replacement.

courts of limited jurisdiction

Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in

Abdouch v. Lopez

A nonresident defendant does not become subject to personal jurisdiction merely by operating an interactive website or posting allegedly tortious content online; the defendant must purposefully direct the conduct at the forum state, and the claim must arise out of those forum-related contacts.

Daimler AG v. Bauman

A corporation is subject to general personal jurisdiction only where it is “essentially at home”—typically its place of incorporation or principal place of business—and substantial in-state business by a subsidiary does not alone establish jurisdiction over the parent.

forum selection clause

Instead of arguing later about where a lawsuit should be filed, the parties decide up front which court will hear any disputes

Diversity jurisdiction

he case is between citizens of different states and the amount in controversy exceeds $75,000.

Hertz Corp. v. Friend

Hertz holds that a corporation’s principal place of business is its “nerve center,” usually its headquarters, where officers direct and control corporate operations, not where the company does the most business.

Summons

notifies the defendant that a lawsuit has been initiated

Pleadings

documents the parties file with the court when they first state their respective claims and defenses. They include the complaint, the answer, and, in some jurisdictions, the reply

Motion to Dismiss

request asking the court to throw out a case before trial because there is a legal defect in the plaintiff’s claim

Summary Judgement

is a device for disposing of relatively clear cases without a trial. It differs from a demurrer because it involves factual determinations

Class Action

llows one or more persons to sue on behalf of themselves and all others who have suffered similar harm from substantially the same wrong

Tyson Foods, Inc. v. Bouaphakeo

holds that representative evidence may satisfy Rule 23(b)(3)’s predominance requirement when it would be admissible in individual actions and is used to prove a common issue of liability, particularly where the employer failed to keep required records

alternative dispute resolution (ADR)

A general name applied to the many nonjudicial means of settling private disputes.

Arbitration

submission of a dispute to a neutral, nonjudicial third party (the arbitrator) who issues a binding decision resolving the dispute.

AT&T Mobility LLC v. Concepcion

The Supreme Court ruled that AT&T’s arbitration clause is enforceable, and California cannot invalidate it just because it bans class actions. The case was sent back so the Concepcions’ claims would proceed in individual arbitration, not as a class action.

Supreme Court used if…

conflicts between circuits, conflict from highest state, states sue president, controversy between states, life sentence, unconstiutional, abortion

Daimler AG vs. Bauman

suing a german company for human rights issues that happened in argentina, daimler was not home so CA courts didn’t have jurisdiction, no events happened in CA, specific jurisdiction is impossible

REM Jusisdiction

property is here, so our court decides who owns it, no matter where owner is

Federal district courts

trial courts of federal system, casues begin and judges/juries determine facts and apply law, only civil

Cooperation is considered citizen in

state incorporated+headquarters

Federal Question Jusisdiction

aries under constitution, or federal state or treaty

Specialized federal courts

federal claims(lawsuits against gov), international trade, bankrupcy, tax

Civil Procedure

rules explain how civil lawsuit works start to finish

Long-Arm Statue

aw that allows a state’s courts to exercise jurisdiction over a person or business that is not physically present in that state, as long as the person or business has certain connections (or “contacts”) with the state.

Due Process

are there minimum contacts between state and defendent (1. resonablity anticipate a lawsuit from that state, 2. defendent purposfully avails itself-benefits from state, general vs specific

General Jurisdiction

Apple is headquartered in California. Someone could sue Apple in California for anything, even if the problem happened in another country, because California is where Apple is “at home.”

Specific Jurisdiction

A company in Texas sells a product online to someone in Florida. If the product breaks in Florida and causes injury, Florida courts can hear only that claim, because it happened because of the company’s Florida sale.

Instrumentalists attitude

willingsness to adapt the law to further the social good

legal resoning

case law reasoning + statutory interpretation

stare decisis

like cases should be decided alike

Coomer v. Kansas City Royals Baseball Corp.

Fans assume the normal risks of baseball (like foul balls), but they do NOT automatically assume the risk of being injured by promotional mascot hotdog throws—so the Royals can be liable if the toss was negligent.

Statues

____ aren’t automatically easy to apply because words and grammar can be unclear—sometimes on purpose—and courts must use interpretation methods to resolve the ambiguity, which the O’Connor case illustrates.

O’Connor v. Oakhurst Dairy

Because Exemption F was ambiguous (mainly due to a missing comma and grammatical structure), Maine law required the exemption to be narrowly interpreted in favor of the drivers, allowing them to claim overtime pay.

Express Preemption

Congress literally says in the statute that federal law overrides state law. “No state may impose additional labeling requirements on this product.” That’s express preemption because Congress explicitly wrote it.

Field Preemption

Even if Congress doesn’t say “we preempt state law,” federal regulation is so comprehensive that courts assume Congress meant to take over the whole area. Even if Congress doesn’t say “we preempt state law,” federal regulation is so comprehensive that courts assume Congress meant to take over the whole area. EX. mmigration law.
Even if a federal statute doesn’t say “states can’t regulate immigration,” the federal government regulates immigration so fully that states generally can’t create their own immigration system

Conflict Preemption

State law is invalid because it conflicts with federal law. A. impossibility conflict - It is impossible to comply with both federal and state law at the same time. B. Even if you technically could comply with both laws, the state law still gets knocked out because it gets in the way of Congress’s goal/purpose.

Statutory Meaning

Plain meaning, legislative history (interpret specific language, determine policy), prior interpretation, agency deference, maxims