Chapter 4: Courts and Alternative Dispute Resolution

4-1 The Judiciary’s Role in American Government

• Body of American Law:

  • Federal and state constitutions

  • Statutes passed by legislative bodies

  • Administrative law

  • Case decisions and legal principles that form common law

• Essential Role of the Judiciary:

  • Interpret laws and apply them to specific situations in the American governmental system.

4-2 Basic Judicial Requirements

• Requirements for a Lawsuit:

  • Jurisdiction: Authority of a court to hear a case.

  • Venue: The proper location for a trial.

  • Standing to sue: The legal right to initiate a lawsuit.

4-2a Jurisdiction

Definition of Jurisdiction

• Jurisdiction refers to the authority of a court to hear a case and decide on specific actions.

• Courts must have jurisdiction over:

  • The defendant or property involved in the suit.

  • The subject matter of the dispute.

Types of Jurisdiction

Jurisdiction over Persons or Property

• In personam jurisdiction: Jurisdiction over the person involved in a legal action.

• In rem jurisdiction: Jurisdiction over a defendant’s property.

Long Arm Statute

• A state statute that allows obtaining personal jurisdiction over nonresident defendants if they have “minimum contacts” with the state.

• Corporations are subject to personal jurisdiction in the states where they are incorporated, have a principal office, or conduct business.

Jurisdiction over Subject Matter

• Jurisdiction is limited regarding the types of cases a court can hear, often defined by statute or constitution.

• Types of Jurisdiction:

  • General jurisdiction: Courts can hear any case (e.g., state trial courts, federal district courts).

  • Limited jurisdiction: Courts with specific authority (e.g., probate courts, bankruptcy courts).

Limitations on Subject-Matter Jurisdiction

• Subject-matter jurisdiction can be restricted by:

  • Subject of the lawsuit

  • Monetary amount in controversy

  • Type of crime (felony vs. misdemeanor)

  • Nature of the proceeding (trial vs. appeal).

Original vs. Appellate Jurisdiction

• Original jurisdiction: Courts that hear cases for the first time (trial courts).

• Appellate jurisdiction: Reviewing courts that handle appeals from trial courts.

4-2a Jurisdiction of the Federal Courts

• Two Situations for Federal Jurisdiction:

  • When a federal question is involved (related to U.S. Constitution, congressional acts, or treaties).

  • Diversity of Citizenship:

    • Involves parties from different states or a foreign country and requires over $75,000 in controversy.

4-3b The Federal Court System

U.S. District Courts

• Federal courts equivalent to state trial courts of general jurisdiction.

• Each state has at least one federal district court.

U.S. Courts of Appeals

• Thirteen U.S. courts of appeals exist, with twelve hearing appeals from district courts within their circuits.

• The Federal Circuit has national jurisdiction over specific types of cases, including those relating to patent law.

4-4 Alternative Dispute Resolution

• Litigation: The traditional method of resolving disputes through courts.

• Alternative Dispute Resolution (ADR): Non-traditional methods for dispute resolution, including negotiation, mediation, and arbitration.

• Advantages of ADR:

  • Procedural flexibility

  • Increased privacy compared to court

  • Quicker resolutions.