Lecture 2 THE COURT SYSTEM Court Personnel o Judges decide questions of law sometimes questions of fact o Lawyers o Juries 12 people decide questions of fact never questions of law Just decide questions of fact makes them more likeable Question of fact Did this person do know something hard to change Question of law Judge decides what law or legal standard applies Example Hairy hand The Jury decides whether or not the doc acted negligently on giving the boy a hairy hand after surgery The Judge decides standard of negligence Lawyers o Adversarial two parties that oppose each other in court Advocates o Present evidence points of law and arguments o Duty to administration of justice and represent client s interests o Counselor legal advice advocate acting on behalf of their client and public servant o Attorney Client privilege protects against disclosure of certain communications between client and attorney lead to honest discussions Exception if info is likely to prevent the harm of others o High ethical duties but broader duty to admin justice that goes beyond their clients interests Lawyers and Specialization o Stratification within bar o Specialization of practices small town practices v big firm o Litigators deal lawyers DA and AG attorneys general prosecute fed state crimes Lawyers and the Business Community current issues o Number of suits and cost of legal services o Resistance to reform making it more business friendly o Pressures on business model Law Firms virtually always partnerships o Gross Revenues Baker and McKenzie 2 1 B Skadden 2 1 B DLA Piper 1 96 B Latham Watkins 1 93 B Hogan Lovells 1 6 B Billed on an hourly rate ORGANIZATION OF THE COURTS Federal and State Levels Trial Courts witnesses juries first hand evidence where action is o 95 98 of cases end at trial level o Decide questions of law and fact Appellate Courts o Only decide questions of law beyond trial level o No jury or eye witnesses Supreme Courts o US Supreme Court 9 justices appointed by President and confirmed by the Senate Supreme court of the land JURISDICTION Power of a court to hear a case Subject Matter Jurisdiction SMJ o Power of the courts over the legal issues involved in the case Limited Jurisdiction o Bankruptcy probate small claims General Jurisdiction o Subject matter amount in controversy geographic area SMJ of Federal Courts o Federal Question Cases when there s a question of federal law assault state law not federal question SMJ case Ex federal tax intellectual property laws bill of rights constitution o Diversity of citizenship All plaintiffs are from different states than the states of the defendants 75 000 most be claimed If there s any common state residency with plaintiff or defendant in the state filed a lawsuit this falls apart o U S as a party U S is being sued or is suing o Controversies among states JUDICIAL REVIEW Review of Leg power to review laws passed by the legislative body and determine constitutionality Review of Exec power to review actions of executive branch and determine constitutionality Judicial Restraint v Judicial Activism o Restraint only is the most extreme circumstances should judicial review be used o Activism judicial review may be used when necessary Lawsuits filed over floating hell cruise Cruise ticket contract similar to consumers businesses takes away all rights of the passengers and limits liabilities of the companies Involves arbitration