Recording-2025-01-28T04:29:35.410Z

Chapter 2: Dispute Resolution

Marbury vs. Madison

• Case Overview: Marbury, appointed as a federal judge by an outgoing president, was denied his position by the incoming president.

• Key Figures:

  • Marbury: The plaintiff seeking to confirm his judicial appointment.

  • Madison: The Secretary of State refusing to deliver the appointment.

• Legal Implications:

  • Marbury sued Madison to demand his job.

  • The US Supreme Court ruled the law Marbury used to sue was unconstitutional, asserting the power of federal courts to review the constitutionality of government actions.

  • Established the principle of judicial review, confirming that the federal courts would gauge the legality of legislative actions.

• Significance: The case underscores the independence of the judiciary from political pressures unlike Congress or the Presidency.

Court Structures

• State Courts (Iowa):

  • One Supreme Court.

  • One Court of Appeals.

  • Eight Districts: District courts are where trials initially occur.

• Federal Courts:

  • Comprise 94 District Courts including specialized courts like the US Court of Federal Claims and Federal Bankruptcy Courts.

  • Cases typically start in trial courts, then may be appealed to one of the 13 Courts of Appeals.

  • The US Supreme Court has appellate jurisdiction primarily, with limited original jurisdiction (e.g., cases involving foreign diplomats or state defendants).

Writ of Certiorari

• For the Supreme Court to hear a case, at least four of the nine justices must agree to grant a writ of certiorari.

• This tool empowers the Court to determine which appeals to hear from lower courts.

Attorney Consultation

• Initial Consultation:

  • Generally free, where attorneys evaluate the viability of a potential lawsuit.

• Fee Structures:

  • Fixed fees, hourly fees (e.g., $300/hour), or contingency fees (a percentage of any settlement or award).

  • Approximately 90% of civil cases settle before reaching trial.

• Considerations for Settlement: Viability of case, potential recovery, and implications of being "judgment proof" (defendant with no assets).

Jurisdiction in Civil Cases

• Focused on civil litigation, categorically distinct from criminal cases.

• Types of Jurisdiction:

  • Personal Jurisdiction: Authority over the defendant.

  • In Rem Jurisdiction: Authority over property located within the court's jurisdiction.

• Examples:

  • Property Disputes: A lawsuit involving the rightful owner of property located within the jurisdiction.

  • Personal Suits: Involving matters where anatomical personal jurisdiction must be established through residency or a long arm statute.

• Long Arm Statute: Each state has laws allowing for jurisdiction over non-residents based on specific activities conducted in the state (e.g., committing a tort).

• Considerations for Personal Jurisdiction:

  • Residency of the defendant.

  • Routine activities within the state.

  • Consent to jurisdiction.

  • Relevant state statutes allowing jurisdiction over non-residents based on minimal contacts.