25-1
Chapter 2
Courts and Jurisdiction
Court Systems in U.S.
Federal court system State court systems
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-2
State Court Systems
Limited-jurisdiction trial courts Hear matters of specialized or limited nature Decision can be appealed to appealed to a general
jurisdiction court or an appellate court Small claims courts hear civil cases involving
small dollar amounts
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-3
State Court Systems
General-jurisdiction trial courts Hear cases that are not within the jurisdiction of
limited-jurisdiction trial courts Record and store testimony and evidence Decisions are appealable to an intermediate
appellate court or the state supreme court
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-4
State Court Systems
Intermediate Appellate Courts Hear appeals from trial courts Review trial court record to determine if there have
been any errors at trial that would require reversal or modification
No new testimony or evidence permitted
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-5
State Court Systems
Highest State Court Called “supreme court” in most states Hears appeals from intermediate state courts and
certain trial courts No new testimony or evidence permitted Decisions of state supreme courts are final, unless
a question of law is involved
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-6
Federal Court System
Special Federal Courts Limited jurisdiction
Tax Court Court of Federal Claims Court of International Trade Bankruptcy Court Court of Appeals for the Armed Forces Court of Appeals for Veterans Claims
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-7
Federal Court System
U.S. District Courts Trial courts of general jurisdiction
Impanel juries Receive evidence Hear testimony Decide cases
At least one district court in each state Judges have lifetime appointments
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-8
Federal Court System
U.S. Courts of Appeals Intermediate appellate courts Hear appeals from the district courts located in
their circuit 13 Circuits Lifetime appointments 3-judge panel
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-9
Federal Court System
U.S. Courts of Appeals Review the record of lower courts or
administrative agency proceedings Determine if there has been any error of law that
would warrant reversal or modification of the lower court decision
No new evidence or testimony is heard Petitioner can request an en banc review
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-10
Supreme Court of the United States
Located in Washington, DC Hears appeals from:
Federal Circuit Courts of Appeals Federal District Courts Special federal courts Highest state courts
No new evidence or testimony heard
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-11
Supreme Court of the United States
The Supreme Court is an appellate court Lower court record is reviewed to determine whether
there has been an error that warrants a reversal or modification of the decision
The Supreme Court’s decision is final
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-12
Supreme Court of the United States
Decisions of the U.S. Supreme Court Unanimous Majority Plurality Tie
Petition for certiorari: A petition asking the Supreme Court to hear a case
Decisions of the U.S. Supreme Court Unanimous Majority Plurality Tie
Petition for certiorari: A petition asking the Supreme Court to hear a case
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-13
Supreme Court of the United States
Writ of certiorari: An official notice that the Supreme Court will review a case
A justice who agrees with a case’s outcome but differs in reason for decision issues a concurring opinion
A justice who does not agree with a decision can file a dissenting opinion
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-14
Jurisdiction of Federal Courts
Federal question cases Arise from:
U.S. Constitution Treaties Federal statutes and regulations
No dollar-amount limit on cases Diversity of citizenship
Citizens of different states At least $75,000 in controversy
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-15
Jurisdiction of Federal Courts
Federal courts have exclusive jurisdiction to hear cases involving: Federal crimes Antitrust Bankruptcy Patent and copyright issues Suits against the United States
These courts also hear most admiralty cases
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-16
Case 2.1: U.S. Supreme Court Diversity of Citizenship
Case Hertz Corporation v. Friend 130 S.Ct. 43, 174 L.Ed.2d 627, Web 2009 U.S.
Lexis 5114 (2009) Supreme Court of the United States
Issue Is Hertz Corporation a citizen of California?
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-17
Jurisdiction of State Courts
Hear cases that federal courts do not have jurisdiction to hear
Concurrent jurisdiction with federal courts to hear cases involving: Diversity of citizenship Federal questions over which federal courts do not
have exclusive jurisdiction The defendant decides which court hears a concurrent
jurisdiction case
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-18
Standing to Sue, Jurisdiction, and Venue
Standing to Sue: Plaintiff must have a stake in the outcome of case
In Personam Jurisdiction: A court’s jurisdiction over a person A plaintiff, by filing a lawsuit with a court, gives
the court in personam jurisdiction over himself or herself
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-19
Standing to Sue, Jurisdiction, and Venue
In Personam jurisdiction Personal jurisdiction exists over a defendant who
is within the boundaries of the state A corporation is subject to personal jurisdiction in
the state where it is incorporated, has principal office, or does business
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-20
Standing to Sue, Jurisdiction, and Venue
Long-arm statute Allows state courts to obtain personal jurisdiction
over persons or businesses located in another state or country
Allows summons to be served in other states Defendant must have some minimum contact with
the state
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-21
Standing to Sue, Jurisdiction, and Venue
Long-arm jurisdiction Exercised over non-residents who have:
Committed torts within the state Entered into a contract either in the state or that
affects the state Transacted other business in the state that
allegedly caused injury to another person
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-22
Standing to Sue, Jurisdiction, and Venue
In rem jurisdiction: Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit
Quasi in rem jurisdiction: Jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-23
Standing to Sue, Jurisdiction, and Venue
Venue Lawsuits must be heard by the court with
jurisdiction that is nearest the location in which the incident occurred or where the parties reside
Change of venue - to avoid pretrial publicity Forum-Selection and Choice-of-Law Clauses
Parties’ contract specifies which court will hear a legal dispute
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-24
Case 2.2: Jurisdiction over an Internet Seller
Case Chanel, Inc. v. Banks Web 2010 U.S. Dist. Lexis 135374 (2010) United States District Court for Maryland
Issue
Does the court have personal jurisdiction over the
defendant?
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-25
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 2-26