1 the u.s. court system fifty-one court systems: federal, state and territorial

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The U.S. Court SystemThe U.S. Court System

Fifty-One Court Systems: Fifty-One Court Systems:

Federal, State and Federal, State and TerritorialTerritorial

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Federal Judicial SystemFederal Judicial SystemUnited States Supreme CourtNine Supreme Court Justices

U.S. Court of Appeal for the Federal Circuit 1 Circuit in Washington D.C. Judges sit in panels of 3 on cases involving customs,

patents, and many other claims.

U.S. Court of Appeal

12 Circuits throughout U.S. 3 judge panels, not the entire circuit court, hear almost all cases.

U.S. Court of International Trade

Cases from International Trade

Commission

U.S. Claims Courts & some special

agencies (Board of Contract Appeals,

Patent & Trademark Office & Merit System

Protection Board.

U.S. Admin. Agencies (in a few cases, appeals go to a U.S. District

Court, not Circuit Courts)

U.S. District Court. 94 trial courts in 50 states; Wash.

D.C., Puerto Rico, Virgin Islands,

Guam & Northern Mariana Islands.

U.S. Tax Court.

Reviews IRS

decisions

U.S. Bankruptcy

Court

U.S. Magistrates

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State Judicial SystemState Judicial System

Intermediate Appellate Court or Reviewing Courts

Generally 3 judges per panel

Highest Level – Appellate Court

Usually 5-9 Judges

“state supreme court” California has 7 justices (I Chief Justice & 6 associate justices), headquartered in San Francisco

“state court of appeal”California court of appeal comprises 6 districts:San Francisco (1st & HQ)Los Angeles (2nd)Sacramento (3rd)San Diego (4th)Fresno (5th)San Jose (6th)Districts are further divided into divisions.

From Trial Courts

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Lower Trial Courts

Limited Jurisdiction

Housing (Rental) Courts

Traffic

Small Claims Court

($2-15K)

County & Municipal

Courts

Probate Juvenile Courts

Criminal (serious crimes go to Gen. Jur. Ct)

Domestic Relations


Trial Courts - General Jurisdiction

Law Equity

“superior/district/other courts” (varies by state).In California: “superior court, general jurisdiction.” Civil cases must have $25,000+ in dispute to be litigated.

In California: “superior court, limited jurisdiction.” Civil cases must not exceed $25,000 in dispute to be litigated.

varies by state. In California, disputed amount: <$7500 for “natural persons,”<$5000 for businesses

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Interesting FactsInteresting FactsCalifornia has:California has:

1580 authorized judgeships (some 1580 authorized judgeships (some positions are vacant).positions are vacant).

7 justices in the Supreme Court7 justices in the Supreme Court

105 justices in the Courts of Appeal105 justices in the Courts of Appeal

1499 judges1499 judges in the trial courts in the trial courts

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Court SystemsCourt Systems

Federal Court SystemFederal Court System

Federal district courtsFederal district courts U.S. Court of AppealsU.S. Court of Appeals U.S. Supreme CourtU.S. Supreme Court

State Court SystemState Court System

General trial courtsGeneral trial courts Specialty courtsSpecialty courts State appellate courtsState appellate courts State supreme courtsState supreme courts

Very Basic Hierarchies (The Most Simplified Outlines)

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Federal District Courts:Federal District Courts:1.1. Have original and general jurisdiction.Have original and general jurisdiction.

2.2. Most cases originate in district.Most cases originate in district.

3.3. Two types of federal court jurisdiction:Two types of federal court jurisdiction:

a)a) Federal question jurisdictionFederal question jurisdiction – Courts – Courts hear any case that arises under the hear any case that arises under the U.S. Constitution or laws/treaties of U.S. U.S. Constitution or laws/treaties of U.S. No amount in controversy No amount in controversy requirement (although some federal requirement (although some federal statutes do have this requirement).statutes do have this requirement).

b)b) Diversity jurisdictionDiversity jurisdiction

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Federal District Courts:Federal District Courts:4.4. Have exclusive jurisdiction over admiralty Have exclusive jurisdiction over admiralty

(ocean commerce, vessel collision, other (ocean commerce, vessel collision, other sea controversies), bankruptcy.sea controversies), bankruptcy.

5.5. Have diversity jurisdiction. (Any civil case Have diversity jurisdiction. (Any civil case between citizens of different states or between citizens of different states or between American citizen and foreign between American citizen and foreign citizen or government can be started in citizen or government can be started in federal court if at least $75,000 in dispute).federal court if at least $75,000 in dispute).

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Purpose of Diversity Jurisdiction?Purpose of Diversity Jurisdiction?Provide a neutral forum in cases where one or Provide a neutral forum in cases where one or more of the parties is a citizen of another more of the parties is a citizen of another state/country – protects against local prejudice in state/country – protects against local prejudice in state courts.state courts.

Purpose of Federal Question Jurisdiction?Purpose of Federal Question Jurisdiction?Give plaintiffs a knowledgeable forum for the Give plaintiffs a knowledgeable forum for the vindication of their federal rights.vindication of their federal rights.


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Interesting FactsInteresting Facts1.1. The President nominates supreme court justices, and The President nominates supreme court justices, and

federal appellate (U.S. Court of Appeal) and trial (U.S. federal appellate (U.S. Court of Appeal) and trial (U.S. District Court) judges.District Court) judges.

The U.S. Senate votes on these nominations after hearings The U.S. Senate votes on these nominations after hearings and debate.and debate.

If confirmed by the Senate, the nominees become justices If confirmed by the Senate, the nominees become justices (Supreme Court) or judges (U.S. Court of Appeal/U.S. (Supreme Court) or judges (U.S. Court of Appeal/U.S. District Court).District Court).

2.2. The President receives recommendations for The President receives recommendations for justices/judges, primarily, from members of his own party, justices/judges, primarily, from members of his own party, especially U.S. senators.especially U.S. senators.


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More Interesting FactsMore Interesting Facts3.3. Federal justices/judges have lifetime tenure.Federal justices/judges have lifetime tenure.

4.4. The U.S. Court of Appeal comprises 13 circuits – 12 on the The U.S. Court of Appeal comprises 13 circuits – 12 on the basis of geography (1basis of geography (1stst – 11 – 11thth, + DC)., + DC).

The thirteenth was started in 1982, and was formed by The thirteenth was started in 1982, and was formed by the merger of the U.S. Court of Customs & Patent Appeals the merger of the U.S. Court of Customs & Patent Appeals and the appellate division of the U.S. Court of Claims. and the appellate division of the U.S. Court of Claims. Located in Washington, D.C.Located in Washington, D.C.

Unique because it has Unique because it has nationwide jurisdiction nationwide jurisdiction in:in:

international trade, government contracts, patents, international trade, government contracts, patents, trademarks, trademarks, certain money claims against U.S. certain money claims against U.S. government, federal government, federal personnel, and veterans’ benefits.personnel, and veterans’ benefits.

Hears cases in cities throughout the U.S.Hears cases in cities throughout the U.S. to better serve to better serve the people.the people.

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And Some MoreAnd Some More5.5. U.S. Supreme Court has the power to invalidate U.S. Supreme Court has the power to invalidate

(strike) legislation or executive actions which the (strike) legislation or executive actions which the justices deem in conflict with the U.S. Constitution - justices deem in conflict with the U.S. Constitution - the power of “judicial review.the power of “judicial review.””

6.6. Alexander Hamilton and James Madison (along with Alexander Hamilton and James Madison (along with John Jay) advocated for a strong supreme court with John Jay) advocated for a strong supreme court with the power of judicial review in the the power of judicial review in the Federalist PapersFederalist Papers – just read the U.S. Constitution!– just read the U.S. Constitution!

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Q. Judicial Review – What is the Point?

A. To keep self-serving politicians away from the interpretation of the Constitution – they are primarily concerned with re-elections and pleasing their constituents.

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U.S. Courts of Appeal:U.S. Courts of Appeal:

99thth Circuit = Circuit = AL, AZ, CA, HA, ID, MT, AL, AZ, CA, HA, ID, MT, NV,NV,

OR, WA, Northern Mariana OR, WA, Northern Mariana Islands, Guam.Islands, Guam.

Headquartered in San Francisco, but with Headquartered in San Francisco, but with branch courts in Los Angeles (Pasadena), branch courts in Los Angeles (Pasadena), Portland, and Seattle.Portland, and Seattle.

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Court SystemsCourt Systems

Substantive Law Substantive Law

Creates, defines, and Creates, defines, and regulates rights and regulates rights and dutiesduties

(contracts, torts, wills)(contracts, torts, wills)

Procedural LawProcedural Law

Prescribes methods of Prescribes methods of enforcing rights or enforcing rights or

obtaining redress for obtaining redress for wrongswrongs

(jurisdiction, venue, (jurisdiction, venue, pleading).pleading).

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Nine Major StepsNine Major Steps

1.1. Alleged injury to Plaintiff.Alleged injury to Plaintiff.2.2. Complaint filed by Plaintiff or her Complaint filed by Plaintiff or her

attorney. Followed by service of attorney. Followed by service of process.process.

3.3. Answer and/or preliminary motions Answer and/or preliminary motions (motion to dismiss, demurrer) by (motion to dismiss, demurrer) by Defendant or her attorney.Defendant or her attorney.

4.4. Discovery (including informal Discovery (including informal discovery) and pre-trial motions.discovery) and pre-trial motions.

5.5. Trial preparation (including expert Trial preparation (including expert witness designations).witness designations).

6.6. Pre-trial conference and/or Pre-trial conference and/or settlement conferences and ADR settlement conferences and ADR efforts.efforts.

7.7. Trial.Trial.8.8. Post-trial motions.Post-trial motions.9.9. Appeal.Appeal.

Scenario for a LawsuitScenario for a Lawsuit

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Service of Process:Service of Process:Delivery of copies of legal documents, such as:Delivery of copies of legal documents, such as:

SummonsSummons ComplaintComplaint

What It All MeansWhat It All Means

Usually by personal delivery to person to whom documents are directed. Substituted service is possible if personal services is not possible. After parties have been served a lawsuit, there is

usually no need to personally serve.

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Defendants response & pleadings:Defendants response & pleadings:

Answer or DemurrerAnswer or Demurrer

(in federal district court, (in federal district court, “motion to “motion to dismiss for failure to state a claim”dismiss for failure to state a claim”) )

““demurrer” and “motion to dismiss for demurrer” and “motion to dismiss for failure to state a claim are legalese for:failure to state a claim are legalese for:

““So what ???”So what ???”

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Formal Discovery:Formal Discovery:The efforts of a party to a lawsuit and his/her The efforts of a party to a lawsuit and his/her attorneys to obtain information before trial through:attorneys to obtain information before trial through:

Demands for productions of documents.Demands for productions of documents. Depositions of parties and other potential Depositions of parties and other potential

witnesses.witnesses. Written interrogatories (questions and Written interrogatories (questions and

answers written under oath).answers written under oath). Written Requests for Admissions (RFAs).Written Requests for Admissions (RFAs). Examination of the scene.Examination of the scene. Certain motions to enforce discovery rights.Certain motions to enforce discovery rights.

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A.A. DepositionsDepositions

B.B. InterrogatoriesInterrogatories

C.C. Requests for Requests for AdmissionAdmission

D.D. Document ProductionDocument Production

Four Major Types of DiscoveryFour Major Types of Discovery

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Never forget/ignore:Never forget/ignore:

The importance of The importance of

informal discoveryinformal discovery

(aka pre-trial investigation)(aka pre-trial investigation)


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Discovery is:Discovery is:

Very expensive with many disputes.Very expensive with many disputes.


Goal:

All parties will go to trial with as much knowledge as possible and that neither party should be able to

keep secrets from the other.

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Motion for summary judgment:Motion for summary judgment:

A written request for a judgment in the A written request for a judgment in the moving party’s favor before a lawsuit goes moving party’s favor before a lawsuit goes to trial and based on testimony recorded to trial and based on testimony recorded outside of courtoutside of court

(depositions, admissions, answers to (depositions, admissions, answers to interrogatories)interrogatories)

claiming that all facts and legal issues can claiming that all facts and legal issues can be decided in the party’s favor without trial.be decided in the party’s favor without trial.

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The TrialThe Trial

Selecting a jurySelecting a jury Opening statementsOpening statements Presentation of evidencePresentation of evidence Motion for a directed verdictMotion for a directed verdict SummationSummation Motion for mistrialMotion for mistrial Jury instructionsJury instructions Motion for new trial Motion for new trial Motion for judgment N.O.V.Motion for judgment N.O.V.

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Jury:Jury:1.1. A group of citizens called to hear a trial of criminal A group of citizens called to hear a trial of criminal

prosecution or a civil lawsuit, decide the factual prosecution or a civil lawsuit, decide the factual questions of guilt or innocence or determine the questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser.amount to be paid, if any, by the loser.

2.2. Once selected, the jury is sworn to give an honest Once selected, the jury is sworn to give an honest and fair decision.and fair decision.

3.3. The legal questions are decided by the judge The legal questions are decided by the judge presiding at trial, who explains to the members of presiding at trial, who explains to the members of the jury (jurors) in “jury instructions.”the jury (jurors) in “jury instructions.”

Selecting a JurySelecting a Jury

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Interesting jury facts:Interesting jury facts:

The twelve jury members dates back about 1000 years – some states allow fewer (6 or 8 members) if

the parties agree.

In California state court, for a civil plaintiff to win a lawsuit, three-quarters of the jury must favor the claim.

The “jury box” is an enclosed area in which the jury sits in assigned seats.

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In a criminal trial, guilt or innocence requires a unanimous decision

EXCEPT

Louisiana and Oregon allow a felony conviction with 10 out of 12 jurors

Civil cases: In federal court, federal statutes provide for a 6-person (minimum) unanimous verdict in most cases.

(the Sixth Amendment to the U.S. Constitution does not require either a 12-person jury, or a unanimous verdict.)

Criminal cases: All federal courts use a 12-person jury, and require a unanimous verdict.

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Opening StatementsOpening Statements

Opening statements:Opening statements:

1.1. The explanation by attorneys for both sides The explanation by attorneys for both sides at the beginning of trial of what will be at the beginning of trial of what will be proved during the trial.proved during the trial.

2.2. Defendant’s attorney may delay (reserve) Defendant’s attorney may delay (reserve) opening statements for defense until opening statements for defense until Plaintiff’s evidence has been completely Plaintiff’s evidence has been completely introduced.introduced.

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Presentation of EvidencePresentation of Evidence

1.1. Every type of proof legally presented at trial Every type of proof legally presented at trial (permitted by judge).(permitted by judge).

2.2. Intended to convince/persuade the judge and/or jury Intended to convince/persuade the judge and/or jury of alleged facts material (important) to the case.of alleged facts material (important) to the case.

Examples:

Oral testimony of witnesses Photos

Expert testimony Deposition

Documents Discovery

Public records Responses

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Motion for a Directed VerdictMotion for a Directed Verdict

Motion for a directed verdict:Motion for a directed verdict:

Jury’s verdict directed on trial judge’s specific Jury’s verdict directed on trial judge’s specific direction that they must bring in that verdict because direction that they must bring in that verdict because one of the parties has not proved its case as a matter one of the parties has not proved its case as a matter of lawof law

or or failed to present believable evidence on some key failed to present believable evidence on some key element of the claim or defense.element of the claim or defense.

In a criminal case, the judge may direct a verdict of acquittal, but not a guilty verdict.

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SummationSummation

Summation aka “closing argument”:Summation aka “closing argument”: Final argument of attorneys at end of evidence.Final argument of attorneys at end of evidence. He/she tries to convince the judge and/or jury He/she tries to convince the judge and/or jury

of the virtues of their client’s case.of the virtues of their client’s case.

Please wait your turn:

1. Plaintiff

2. Defendant

3. Plaintiff again

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A person who specializes in a subject, often A person who specializes in a subject, often technical, who presents his/her expert technical, who presents his/her expert opinion without having been a witness to opinion without having been a witness to any occurrence relating to the lawsuit or any occurrence relating to the lawsuit or criminal case. It is an exception to the rule criminal case. It is an exception to the rule against giving an opinion in trial – against giving an opinion in trial – providedprovided that the expert is qualified by experience, that the expert is qualified by experience, expertise, training, or special knowledge. expertise, training, or special knowledge. Experts are paid big bucks for their Experts are paid big bucks for their services.services.

Expert WitnessExpert Witness

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The judge:

1. Declares a mistrial either on his own initiative or on motion (request) of one of the parties.

2. Dismisses the jury, if there is one.

3. Orders that the lawsuit/criminal proceedings be set for trial again, starting from the beginning.

MistrialMistrial

Termination of a trial before its normal Termination of a trial before its normal conclusion because of:conclusion because of: a procedural error, statements by a witness, judge or

attorney which prejudices a jury, or a deadlock by a jury without reaching a verdict after a long

deliberation (“hung” jury).

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Motion for New TrialMotion for New Trial

The loser’s request for the case to be tried again on The loser’s request for the case to be tried again on the grounds that:the grounds that:

1. There were important legal mistakes in the way the trial was conducted and/or the jury came to an incorrect result.

2. Must be filed within a few days after judgment is formally entered.

3. Heard by the same judge who presided at the trial.

Seldom granted – only when there is a very clear error which any judge would recognize.

Some attorneys bring motions for new trials as they think it adds to their record on appeal.

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Motion for Judgment N.O.V.Motion for Judgment N.O.V.

Request for trial judge to reverse (set aside) a jury’s Request for trial judge to reverse (set aside) a jury’s decision in favor of one party in a lawsuit or a guilty decision in favor of one party in a lawsuit or a guilty verdict when the judge is convinced the judgment is not verdict when the judge is convinced the judgment is not reasonably supported by the facts and/or the law.reasonably supported by the facts and/or the law.

Result = Judgment N.O.V.

and means

the judge realizes he/she should have directed the jury to reach an opposite verdict in the first place.

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Motion for NonsuitMotion for Nonsuit

Application (request) by Defendant in a lawsuit or Application (request) by Defendant in a lawsuit or criminal proceeding asking the judge to rule that criminal proceeding asking the judge to rule that Plaintiff/prosecution has not/cannot prove its case.Plaintiff/prosecution has not/cannot prove its case.

Most often made after Plaintiff or prosecutor has presented all the evidence they have.

Often an oral motion.

Arguments are made in judge’s chambers or in court with the jury excused.

aka “motion for dismissal”

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Motion in LiminieMotion in Liminie

Liminie – Latin for “threshold.”Liminie – Latin for “threshold.”

Motion made at the start of a trial requesting that the Motion made at the start of a trial requesting that the judge rule that certain evidence may not be judge rule that certain evidence may not be introduced in trial.introduced in trial.

Example:Example:Criminal trials where evidence is Criminal trials where evidence is subject to constitutional limitations, subject to constitutional limitations, e.g. statements of suit made without e.g. statements of suit made without Miranda warning (reading the suspect Miranda warning (reading the suspect his/her rights).his/her rights).

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Why the need for ADR?Why the need for ADR?

1.1. Anxiety about going to court.Anxiety about going to court.2.2. Time and expense of lawsuits.Time and expense of lawsuits.3.3. Concern about bad publicity.Concern about bad publicity.4.4. Need for a speedier resolution.Need for a speedier resolution.5.5. Uncertainty about outcome.Uncertainty about outcome.6.6. Desire to maintain good Desire to maintain good

business/personal relationships with business/personal relationships with the other party.the other party.

Alternative Dispute Resolution (“ADRAlternative Dispute Resolution (“ADR”)”)

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Alternative Dispute Resolution (“ADRAlternative Dispute Resolution (“ADR”)”)

ArbitrationArbitration Uniform Arbitration Uniform Arbitration

ActAct Federal Arbitration Federal Arbitration

ActAct Mandatory Mandatory

arbitrationarbitration Judicial arbitrationJudicial arbitration Scope of arbitrationScope of arbitration Finality of arbitrationFinality of arbitration

MediationMediation Reference to a Reference to a

third personthird person Association Association

tribunalstribunals Summary jury trialSummary jury trial Rent-a-judge mini-Rent-a-judge mini-

trialtrial Resolution of Resolution of

complaints and complaints and ombudsmenombudsmen

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A mini-trial, perhaps for a lawsuit ready to A mini-trial, perhaps for a lawsuit ready to go to trial.go to trial.

An attempt to avoid a court trial and An attempt to avoid a court trial and conducted by a person or panel of people conducted by a person or panel of people who are not judges.who are not judges.

May be chosen by parties, contractually May be chosen by parties, contractually mandated, or provided by statute.mandated, or provided by statute.

Avoids crowded court dockets (calendar).Avoids crowded court dockets (calendar).

Grounds for appeal are extremely limited.Grounds for appeal are extremely limited.

What is Arbitration?What is Arbitration?

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What is Mediation?What is Mediation?

Helps the disputing parties to settle the case.Helps the disputing parties to settle the case.

Mediators cannot impose a settlement on the Mediators cannot impose a settlement on the parties, but often can effect a compromise.parties, but often can effect a compromise.

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Post-Trial ProceduresPost-Trial Procedures

Recovery of costs/attorneys fees:Recovery of costs/attorneys fees:

Payment of lawyer’s fee (hourly charge, Payment of lawyer’s fee (hourly charge, contingency fee, flat fee, combination, contingency fee, flat fee, combination, statutory fees). statutory fees).

Also known as the “British rule.”Also known as the “British rule.”

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Execution of judgment:

The act of setting up an offer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor).

Property is sold and the proceeds used to pay the judgment.


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The court judgment is taken

to the Clerk of the Court

who issues

a writ of execution

which is taken to

the sheriff/marshal to be executed

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Garnishment:

The process of requesting and obtaining a court order directing a person or entity (garnishee) to hold funds they own to someone who allegedly is in debt to another person, often after a judgment has been rendered.

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How is the money paid?

Usually by installments, directly or through the sheriff.

Garnishee:

A person/entity e.g. employer or bank which receives a court order (garnishment order) not to release funds held for, or owed to, a customer (bank) or employee (employer), pending further courts order.

1 the u.s. court system fifty-one court systems: federal, state and territorial

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