Chapter Four: The Judicial System

What are courts?

A body of government used to resolve disputes. its existence is governed by the consitution and legislatures

Courts are what type of insitution?

A reactive Insitution. They must wait until a case/constroversy comes to them

How are the courts arranged?

In a higherarchal manner

How do you go to the Supreme Court in a court case?

1. try your case in a trial court (deals with facts)

2. Appeal your case (Through apellate courts/state supreme courts, or the federal court of appeals)

3. Now your are at the supreme court

What are Trial Courts?

Hears and decides controversies by determining facts and applying appropriate rules.

Deal with facts of the case and application of the law

Right to a trial by jury

Bench Trial?

When a judge hears and determines the outcome of a case. This can happen when the evidence is to complex for a regular jury to undestand

How are the functions split in a jury trial?

The judge deals with: Admissability of evidence, what the law is, and instructs the jury

The jury deals with: Listening to testimony, evaluating evidence, and deciding

What are the downsides of jury trials?

Time, money, their ability to effectivly evaluate, arbituary rulings, and biases

Appellate Courts?

They do not retry the facts of the case, do not hear witnesses or evidence. They only review the decisions of trial courts to make sure it followed the law

What to do on Appeal?

records of the lower court (always put stuff on the record), Written actions of the court (pretrial papers etc), both parties will file briefs stating what happened, and then oral arguemnts (in SCOTUS)

Forum State

The state in which the lawsuit is filed. That state court system as legal authority over that case

Jurisdiction

The power of a court to determine the merrits of a dispute, and to grant relief

Subject Matter Jurisdiction

Where a court has jurisdiction to decide the merits of a case because it has power over the subject. This cannot be waived.

What happens to court decisions in wrong jursidiction?

They are void!

What happens when multiple courts have jurisdiction?

The first one to start the case retains jurisdiction (once you start a case in Ohio, you cannot switch it to PA)

Diversity Cases?

Citizens from different states and value exceeds $75,000. These are under federal jurisdiction.

What are some factors to consider when deciding where to file?

Reputation of the court, how the jury has awarded people in the past, rules of the court, the reputation of the plantiff and the defendnat. As a general rule, the plantiff decides where to file

In Personam

The courts power to bring a person into its judication proceedings. Two Types: General and specific

General In Personam

Any and All Claims, People (primary legal resident), and corporations (place of incorporation)

Sufficient Minimum Contact Doctrine

What Specific In Personam jurisdiction is about. A person must have sufficient contact with a state. Allows a court in one state to have jurisdiction over a non-resident.

1. The Defendant intentionally targeted or conducted business in forum state

2. Relatedness - injury arises out of psecific contacts

3. Reasonable - it must be fair to the parties

When does Implicit Consent happen?

1. When you file a lawsuit with the clerk of courts

2. Arguing substantive facts of a case in a forum state

3. Non-resident commits a tortious act within the state

4. Driving a car in the forum state resulting in collision

What are Long Arm Statutes?

Enables states to have personal jurisdiction over non-residents. It cannot extend beyond federal constitutional limits

In Rem Jurisdiction

State has jurisdiction over property within its state limits. Can be real (houses, buildings) or personal (car, computers). This does not need to be established

Procedural Due Process

requires the government to follow fair and established procedures before it deprives anyone of life, liberty, or property

Venue

The place where judicial authority should be exercised. Generally, the county/district where the event occured

When may a court decline to hear a case

Local Prejudice, When it is not convenient for the witnesses/litigants, and when it is in the best intrest of justice (the courthouse does not have the tech needed)

Erie Doctrine

When federal courts hear non-federal cases. The federal court will use the state laws

Forum non-Conveniens

legal doctrine that allows a court to dismiss a civil case—even if it has proper jurisdiction and venue—because another court or forum is significantly more appropriate and convenient