civil law chapter 4

Chapter Overview

  • Focus on Chapter 4: Court Systems, Settlement, and Alternative Dispute Resolution (ADR)

  • Today covers the first half of Chapter 4

  • Quiz scheduled for Thursday covering Chapters 1, 2, and 3

Objectives of Chapter 4

  • Identify and describe the sources of American law

  • Understand the need to prove the elements of each cause of action and available remedies

  • Describe the elements necessary to establish jurisdiction and venue

Sources of American Law

  • Constitution

    • Basis of government organization and operation

    • Divides power among three branches: legislative (makes laws), executive (enforces laws), judicial (interprets laws)

    • Limits governmental power and protects citizen rights (e.g., freedom of speech, due process, equal protection)

    • Each state has its own constitution (e.g., Texas Constitution)

    • Allows courts to strike down laws violating citizens' rights

  • Statutes

    • Written laws passed by legislative bodies

    • Organized into codes controlling societal behavior

    • Example: Texas Civil Practice and Remedies Code governs civil litigation statutes, with a statute of limitations set at two years for personal injury lawsuits

    • Statutes are formal laws filed in lawsuits and guiding legal actions

  • Administrative Law

    • Rules created by government agencies rather than directly by legislatures

    • Agencies that create administrative laws include Texas Board of Education, Texas Medical Board, and EPA

    • Disputes often begin here and may be appealed to civil courts if parties are dissatisfied with outcomes

    • Agencies perform duties akin to all three branches of government

  • Case Law

    • Laws created through judges' decisions in written rulings

    • Past decisions serve as precedents for future cases, founded on the doctrine of stare decisis (to stand by things decided)

    • Example: If a Texas appellate court rules on a statute of limitations, lower courts must follow that ruling in future cases

Legal Research and Writing Considerations

  • Essential to match facts of new cases to precedents to support arguments

  • Importance of legal research and writing skills in identifying relevant cases

  • Students are advised to draft case briefs outlining issues, opinions, conclusions to maintain focus in legal arguments

Cause of Action and Remedies

  • Cause of Action

    • Legally recognized wrong necessitating compensation for harm

    • Examples include torts and contracts

    • Each lawsuit has specific elements that must be proved (the "checklist" of facts necessary for winning)

    • Failure to prove any element results in case dismissal

    • Burden of proof lies with the plaintiff, typically by preponderance of evidence (more likely than not)

  • Remedies

    • Legal solution provided by the court for violations of rights

    • Types of remedies:

      • Monetary Remedies: Financial compensation awarded by the court for damages suffered (e.g., medical bills, property damage)

      • Equitable Remedies: Court orders requiring action or cessation of activity when monetary compensation is insufficient (e.g., specific performance in contract disputes)

Jurisdiction and Venue

  • Jurisdiction

    • Legal authority of a court to hear a case and make binding decisions

    • Two primary types of jurisdiction:

      • Personal Jurisdiction (In Personam): Court's authority over the parties involved

      • Subject Matter Jurisdiction: Court's authority to hear a specific type of case

    • Both must be established to avoid case dismissal

  • Standing

    • Requirement that plaintiffs must have a personal stake or interest in the lawsuit's outcome

    • Example: A car accident victim can sue; a family member cannot unless personally affected

  • In Rem Jurisdiction

    • Authority based on the property involved being located within the court's geographical area

    • Example: Filing against a property owner located elsewhere if the property itself is in the state

  • Concurrent Jurisdiction

    • Situations where both state and federal courts can hear the same case

      • Plaintiff can choose where to file (usually based on factors like federal questions or diversity of citizenship)

  • Venue

    • Concerns the proper geographical location for filing a lawsuit

    • Determined mainly by where the parties live or where events occurred

    • Important to distinguish from jurisdiction (court's authority)

Specific Court Examples

  • Limited Jurisdiction Courts: Handle specific types of cases only

    • Examples include bankruptcy courts, family law courts, and small claims (Justice of the Peace courts in Texas for minor disputes)

  • General Jurisdiction Courts: Handle a broad range of civil and criminal cases (e.g., Texas District Courts)

Final Thoughts and Class Procedures

  • Continual emphasis on jurisdiction definitions due to their importance in legal processes

  • Reminder of upcoming quiz on the discussed chapters

  • Focus on final review and questions to clarify after the lecture on jurisdiction and venue decisions