Chapter Four: The Judicial System

Struck v Struck and Finstuen v Crutcher → Tuesday

• On the Mass of the Holy Spirit day, make sure quizes 1 and 2 are done, and then read a case brief

State v Butler → Thursday

Struck V Struck

Facts:

Tommy needed a kidney transplant. His brother Jerry was confined in a institution with an IQ of 35 and was incapable of making his own decisions. Jerry was a match for the kindey and no one else in the family was. Jerry’s mother was the legal guardian.

Question:

Can the court authorize the removal of Jerry’s Kidney from a person incapable of making their own medical decisions?

Decision:

The court did have the power to authorize the kidney transplant. The court has the power to protect individuals who cannot protect themselves. The court found more evidence that losing Tommy would harm Jerry more than losing a kidney.

Finstuen V Crutcher

Facts:

Multiple homosexual couples adopted children in another state, but the kids were born in Oklahoma. One couple got the Oklahoma State Department of Healthy to get both men on the birth cirtificate as the parents of the kid. The state legislature passed a law one month later voiding any future recognition of out-of-state adoptions of same-sex couples.

Question:

Did oklahoma have the right to void recognition of out-of-state adoption by homosexual couples?

Decision:

No, Oklahoma did not have the right to void recognition of out-of-state adoption by homosexual couples. This violated the “full-faith and credit” clause, equal protection and the due process clause. OK cannot have a public policy of this.

One couple was denied “standing” because they were not harmed.

Intresting because it was 8 years before Obergafeld, which legalized gay marraige

State Vs Butler

Facts

Butler struck the victim in the eye which resulted in her loosing sight in her left eye. Butler was arrested and interrogated by the police. The police did not tell him about his right to a lawyer or constitutional rights. The statements Butler made in the interrogation was used in trial. Butler was found guilty and the court of appeals affirmed this conviction.

Question

Did the prosecution violate Butler’s federal due process rights when it used his voluntary, in-custody statement (which was obtained without prior Miranda warnings) to impeach his trial testimony?

Conclusion

Two components of Miranda (In custody and interrogated). In This case, the court said “he gave these statements that were not under miranda”. Butler decided to testify on his own behalf. does not mean that hte defendantt can get on teh sand and lie.

Courts

Body of goverrnment to resolve disputes

• There must be a case/controversy

Existence is governed by constitution and legislatures

Constitution says that we must have a SCOTUS. Lower courts are established as “congress deems necessary” if we need to change the courts, we can fix that

Reactive institutions

• Judges must wait until the cases/controversy comes to you

• “Judges don’t go out and say, I want to hear a double homicide”, it comes to them

Higherarchial

Courts are arranged in a higherarchal manner at the national and state levels

Federal system:

Federral court system is 3-tiered

Trial Courts

Opposing parties introduce evidence

Deal with the facts of the case and argumetns on law

• judge will decide what evidence is admitted

Right to a trial by jury (sixth amendment)

Bench trial

When a judge hears and decides the case

The judge controls the case

this can happen when the evidence is to complex for the jury to fully understand

Jury Trial

Functions are split

Judge deals with:

• admissibility of evidence

• Questions of law “I will tell you what the law is”

• Instructs the jury

Jury:

• Listens to testimony

• Evaluates evidence and decides

Downsides to Juries

Time

• Voi Dire takes forever

Money

• If you have to sequester a jury

can they effectively evaluate?

• Do they understand the complexity of the cases? especially with white collar crimes

Arbitrary

• We get rulings that comes out

Biases

Appellate Courts

Do not retry the facts of the case

The court does not hear new witnesses or evidence

• The only time they would hear new evidence is when new evidence comes to light

  • DNA evidence

On Appeal

Records of Lower Proceeding

• Preserving your appeal

• “Your honor, for the record….” Do it immedately. For when the appeals comes up, you have it on the record

Written memorial of actions of a court

• pretrial papers, etc

Both parties will file briefs

• This is what happened, blah blah blah, this is why we are right

Oral Arguments

• in SCOTUS, each side gets 30 minutes

• State courts operate differently

Forum State

The state in which the lawsuit is filed

The state’s court system that has legal authority over a case

Look up Darrel Brooks Rap Video!!!

Jurisdiction

Power or authority of a court to:

• Determine the merits of a dispute (juvenile court)

• Grant Relief (bankrupcy court)

Subject Matter Jurisdiction

When a court has authority to decide a case due to subject

Based on the type of proceeding

• If you take a physics class, you expect to learn physics

Cannot be waived

• Cannot say “hey, even though we have a contract dispute, lets settle this in Bankrupcy court”

  • Thats bad

Significance

Without proper jurisdiction, decisions are void

• If you take a tresspassing case to a veterans affair court, and the judge issues a ruling, it is not a valid ruling

Timing matters

• You can have multiple options to where to take a case to (state vs federa, multiple states)

• When multiple courts have jurisdiction, the first one to start the case retains jurisdiction.

  • One you start a case in Ohio, you stay in ohio, cannot switch to PA

States vs Federal

States

• Legilsatures and state constitutions give them their power

Federal

• Get their power from the constitution, article 3

• Jurisdiction over federal questions

  • Does this violate the constitution, involve a federal agency

• Diversity cases

  • Citizens from different states and value exceeds $75,000

    • If we are to invovle the federal court system, it must be a serious case.

    • The jury can give a monitary reward for under 75000, but the case must be worth at least $75,000

General Rule

Planitiff chooses where to file

• Plantiff chooses to complain!

  • Ive been injured

It is possible for the defendant to file for removal to federal court

• There are specific rules for how to do this

Factors

Reputation of the court

Jury awards

• Some districts where juries tend to hand out more money and be favorable to the defendants

Rules of the court

• Different filing deadlines, timelines, flexability

Reputation of plaintiff and defendant

• If one of the parties is super well known and famous, it will be hard to find a unbias jury

Personal Jurisdiction

In Personam - The courts power to bring a person into its judication proceedings

• Not about the type of case (civil vs criminal)

• It is about the people in the case

Make a connection between the person and a forum state

Two Types of In Personam Jurisdiction

Serving a party within the boundries of the forum state with a summons originating with the forum state

• a guy living in NJ, divorsing his wife in CA. The wife has the kids there. He is currently in CA visiting the kids. While in CA, the wife serves the husband.

  • The summons came from the state and was served in the state

Consent - agrees to personal jurisdiction

• Why would someone in PA let Ohio have jurisdiction over you

  • STRATEGY - if Ohio has laws that are favorable to you regarding your situation, then it would make sense to let the state have jurisdiction over you

Implicit Consent

File a lawsuit with the clerk of courts

• if you file a case in Albany, then you are saying “you want this court case in New York”

Arguing substantive facts of a case in a forum state

• You are giving them in personum Jurisdiction

• If you don’t think that they have jurisdiction, then do not argue the “who, what, when” of the case becuase it starts the case

Non-resident commits a tortious act within the state

• If you dump trash in someone elses yard

Driving a car in the forum state resulting in collision

• If you are driving to Buffalo, you are giving implied consent to be subject to New York law

  • If you don’t want to, then fly there

Long-Arm Statutes

Just because they can have jurisdiction, doesn’t mean they will

Each state has created these statutes

Enables states to assert personal jurisdiction over non-residents

• some states are very broad when they will use this jurisdiction

• Some states are narrow

Cannot extend beyond the federal constitution limits (14 A Due Process)

• It was not forceable that a person would buy a car in New York, drive to Oklahoma, get in an accident and sue the car dealership in New York

• Violates due process

In Rem Jurisdiction

The Property is in dispute

States have jrusidction over property within its state limits

• Can be real or personal property

  • Real estate, land or buildings

  • Car, computers, cell phones

In Personam jurisdiction need not be established

• A car is registered in New York, but they come into PA, Police can seize the vehicle. It doesn’t matter who the driver was, it was in PA, being used to transport cocaine, so they are allowed to take it

The state is hesitent to seize people’s homes, even when it involves drugs

• One you seize a house, you are responsible for snow removal, water pipes, making sure no one gets hurt

• The state doesn’t want to be seen as a evil monster taking the home of two kids

• You also have to pay off the morgage of the house

Procedural Due Process

Must give proper notice to the defendant

• Must be time to file documents

• Time to respond

• Time to appeal

Venue

We have already established:

• Personal Jurisdiction

• Subject Matter Jurisdiction

Must establish Proper Venue!

Generally, the county/district where the event occured

Which courthouse is appropriate?

Declining

A court may decline to hear a case

• Local Prejudice - concerns that the jury would be bias

• Convenience of the litigants/witnesses

  • All of the witnesses are in boston but you file in Texas

    • Forum non conveniens

• Intrest of justice

  • Public/private factors, the courtroom does not have the technology needed to handle the case

  • “We cannot have a complex murder trial in a crappy, run down court”

Erie Doctrine

Federal Courts deciding state matters

When that happens, the court will apply the law that would be applied in state courts in the district in which it is situated