MGMT: Chapter 4

How many court systems are in the US?

52- federal, each state, and D.C.

Judicial review

Allows the court to determine the constitutionality of laws

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Jurisdiction

Power to speak the law
Plaintiff must show the court they file the case in how they have power over the defendant

State courts focus on the plaintiff or defendent?

Defendant

Residents of state

State courts have jurisdiction over residents, and businesses are considered residents in the state they are created and do MOST of their business.

Long Arm Jurisdiction

The personal jurisdiction that a state acquires over a nonresident defendant because of his or her minimum contact with the state.

Examples of Minimum Contacts

The defendant injures someone in the state
Breach or form a contract in the state
Come to the state regularly for business

examples of minimum contacts if the defendant is a corporation

Do business there
Advertise or sell products there
Place goods in the "stream of commerce" with expectation of purchase by residents

In Rem Jurisdiction (Not preferred)

Used when property is a matter of controversy (ownership of the property)
Property must be within the area in which the court sits
Allows the party to file an action against a nonresident personally in a court that can exercise jurisdiction over the nonresident's property
Used when longarm jurisdiction cannot be established over the nonresident

courts of general jurisdiction

state or federal courts that have jurisdiction over felony offenses and more serious civil cases

courts of limited jurisdiction

courts that handle misdemeanor crimes, violations of criminal traffic laws, and lesser offenses

Courts with limited jurisdiction

State: Probate court
Federal: Bankruptcy court

Subject Matter Jurisdiction can be limited by

Subject of the lawsuit.
The sum in controversy.
Whether the case involves a felony or a misdemeanor.
Whether the proceeding is a trial or an appeal.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate jurisdiction

The authority of a court to review decisions made by lower courts

Federal Question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

Diversity of Citizenship (Diversity Jurisdiction)

1. A basis for federal court jurisdiction over a lawsuit between citizens of different states
2. Dollar amount must be MORE than $75,000

concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

exclusive jurisdiction

Jurisdiction that exists when a case can be heard only in a state or federal

Federal jurisdiction usually prefers what kinds of cases

Bankruptcy
Patents
copyrights

State jurisdiction usually prefers what kinds of cases

Divorce
Adoption

Jurisdiction in Cyberspace - Sliding Scale Standard

1. Substantial business is conducted over the internet
2. Some interactivity though a website
3. Passive advertising

International Jurisdiction

Similar to Long Arm

Venue

The geographic district in which a legal action is tried and from which the jury is selected.

Where is venue proper

(1) Where any defendant resides, if all defendants reside in that same state, OR
(2) where a substantial part of the claim arose.

Court can change venue for:

1. If a party argues they can't get a fair trial
2. Convenience of parties

For venue you can subject matter be waved

NO (Tested)

standing (For Plaintiffs)

a legal rule stating who is authorized to start a lawsuit

What makes someone have standing

Must have a legally protected interest at stake
AND must have been injured or have been threatened with injury by the action

OR

Must have a "Justiciable controversy"

What is unique about Texas courts

Have two high courts and have three level of trial courts

State Highest Appellate Courts

-supreme court (civil) has 9 justices
-court of criminal appeals (criminal) has 9 judges

State Intermediate Appellate Courts

"court of appeals"
(14 courts/appellate districts)
Come from state trial courts or country trial courts

local trial courts of limited jurisdiction

Justice Courts - Goes here if the city doesn't have a municipal court (Have limited
Municipal Courts - located in middle to large size cities

How are civil cases divided

Dollar amount

How are criminal cases divided

Type of crime or severity of crime

Justice court dollar amount

10,000 OR less

Country Trial Courts of Limited Jurisdiction (Based on population)

Statutory Probate Courts (And what is below) (Houston)
County court at law (And what is below) (Brazos County) (Dollar amount from $0 to $200,000)
Constitutional county court (1 in each county) (Caldwell)

Probate case

A civil suit deals with the disposition of the property of a deceased individual.

State Trial courts (District courts)

Trial courts for civil and criminal jurisdiction
county court at law (Brazos County) (Dollar amount from GREATER THAN $200,000 to the sky is the limit)

Circuits

United States has 13 and Texas is \#5

Alternate forms of dispute resolution (ADR)

1. Negotiation - Work towards a solution
2. Mediation - mediator helps to settle, does not decide case
3. Arbitration - arbitrator acts like judge, rules of procedure not the same and rights are not as well protected