The courts and Jurisdiction

Federal courts

involving federal law cases, United state constitution, disputes between states and certain disputes between citizens of different states called (diversity jurisdiction)

Federal court three main levels

1. District courts (trial level)

2. U.S. Court of Appeals (appellate level)

3. U.S. Supreme court (highest level)

State Court system

Handles a vast majority of civil disputes (contracts, personal injury claims, family law matters, probate, and property disputes)

Sate court structure

Each state has its own structure, but generally they have

1. trial courts (hear evidence and facts)

2. intermediate appellate courts (review illegal errors)

3. State supreme court

Trial Court

Parties file pleadings and present evidence (lower court)

Court of Appeals (appellate courts)

1. A court above the trial court that usually handles legal appeals involving errors from the trial court.

2. Affirm (agree), reverse (disagree), or remand (send back to trial court) the case presented

3. Must review all appeals brought before the courts

U.S. Supreme Court ( court of last resort)

1. Highest court of the U.S. courts

2. Federal systems, not state systems

3. Discretionary right to review cases

4. Decisions to review cases based on the individual circumstance and the impact of the decision on society as a whole

Jurisdiction

1. Authority of the court to hear a dispute and decide the issues presented

2. Type of case and residence of defendant considered

3. must have both subject matter jurisdiction and personal jurisdiction

Subject matter jurisdiction

The authority a court has to hear a particular kind of case

General jurisdiction- power to hear any case except those that must be brought in federal court

Limited jurisdiction- power to hear limited types of cases

Personal jurisdiction

The power of a court to bring a party before it and to make a decision binding on such a person

No court has unlimited rights to exercise personal jurisdictions

If a state has personal jurisdiction, a federal court does also

Nonresident defendants must meet certain requirements

When to apply diversity jurisdiction

1. Between citizens of different states

2. Between citizens of a state and citizens or subjects of a foreign state

3. Between citizens of different states and in which citizens or subjects of a foreign state are additional parties

4. Between a foreign state as plaintiff and citizens of a state or a different state.

Requirements for diversity jurisdiction

Citizenship: parties must reside in different states; rules are different for individuals and corporations

Complete diversity- must exist for a federal court to hear a case; not required for a class action lawsuit

Jurisdictional amount- monetary damages sought must exceed 75,000

Diversity jurisdiction

The power of the federal court to hear controversies between citizens of different states

In Rem Jurisdiction

The power of a court to bring a party before it and to make a decision binding on personal or real property

Property has to be the subject of the suit

Substitute in some cases for personal jurisdiction

Venue

The geographic district where a lawsuit may properly be heard

federal court venue

state court venue

change of venue

Long -Arm statute

State laws describing the circumstances under which the state may exercise jurisdiction over the nonresident defendant

International shoe co. v. Washington