I. THE JUDICIAL SYSTEMA. The Structure of the Federal and State Court Systems1. Trial Courtsa) Determine the factsb) Apply relevant law2. Appellate courtsa) Only review issues of lawb) Multiple judges, no juryB. Precedent and Stare Decisis1. Precedent is the rule of law created by a court.2. Stare Decisis is the idea that courts will follow precedent, unless there is a very good reason not to follow precedent.3. Precedent in the Courtsa) Courts will follow the precedent of an earlier case if that earlier case presented:(1) the same issue(2) similar factsb) mandatory precedent(1) lower courts must follow the precedent of a court to which the case could be appealed.c) Precedent is only persuasive if the case could not be appealed to a court that has set the precedent.d) Courts may distinguish precedent if the relevant facts are significantly different.II. JURISDICTIONA. Subject Matter Jurisdiction1. Federal Question2. diversitya) different states, andb) controversy exceeds $75,000.3. RemovalB. Personal Jurisdiction1. volunteer2. residenta) individuals are residents of one stateb) corporations are residents of:(1) the state it has incorporated in, and(2) the state of its principal place of business3. physical presence at the time of service of process4. long arm statutes and minimum contactsa) defendant’s alleged wrong occurred in the state, orb) defendant has such sufficient contacts with the state that it would not offend traditional notions of fair play and justice to make the defendant come to that forum.c) Cases:(1) International Shoe(2) Calder v. Jones(3) World Wide Volkswagen(1) Helicol(4) GucciA. In Rem JurisdictionC. VenueD. Conflicts of Law and Choice of LawIII. LITIGATING A CASEA. Prefiling Issues1. settlement or alternative dispute resolution?2. appropriate court?3. statute of limitations4. standingB. Who’s who?1. plaintiff2. defendant3. attorney4. judgeC. Filing the Case (pretrial)1. complainta) sets forth plaintiff’s cause of actionb) tells defendant why he/she/it is being sued2. summonsa) perfects jurisdictionb) tells defendant when and where he/she/it is being suedMGMT 217 1st Edition Lecture 4Outline of Last Lecture I. THE JUDICIAL SYSTEMA. The Structure of the Federal and State Court Systems1. Trial Courtsa) Determine the factsb) Apply relevant law2. Appellate courtsa) Only review issues of lawb) Multiple judges, no juryUnited States Supreme Court(discretionary)Federal Appellate CourtsState Trial CourtsState Appellate CourtsState Supreme Court (discretionary)(discretionary)(right)(removal)(right)Federal District (trial) CourtsB. Precedent and Stare Decisis1. Precedent is the rule of law created by a court.2. Stare Decisis is the idea that courts will follow precedent, unless there is avery good reason not to follow precedent.3. Precedent in the Courtsa) Courts will follow the precedent of an earlier case if that earlier case presented:(1) the same issue(2) similar factsb) mandatory precedent(1) lower courts must follow the precedent of a court to which the case could be appealed.c) Precedent is only persuasive if the case could not be appealed to acourt that has set the precedent.d) Courts may distinguish precedent if the relevant facts are significantly different. II. JURISDICTIONA. Subject Matter Jurisdiction1. Federal Question2. diversitya) different states, andb) controversy exceeds $75,000.3. RemovalB. Personal Jurisdiction1. volunteer2. residenta) individuals are residents of one stateb) corporations are residents of:(1) the state it has incorporated in, and(2) the state of its principal place of business3. physical presence at the time of service of process4. long arm statutes and minimum contactsa) defendant’s alleged wrong occurred in the state, orb) defendant has such sufficient contacts with the state that it would not offend traditional notions of fair play and justice to make the defendant come to that forum.c) Cases:(1) International Shoe (2) Calder v. Jones (3) World Wide Volkswagen Outline of Current Lecture(1) Helicol(4) GucciThe internet “sliding scale”A. In Rem JurisdictionC. VenueD. Conflicts of Law and Choice of LawIII. LITIGATING A CASEA. Prefiling Issues1. settlement or alternative dispute resolution?2. appropriate court?3. statute of limitations4. standingB. Who’s who?1. plaintiff2. defendant3. attorney4. judgeC. Filing the Case (pretrial)1. complainta) sets forth plaintiff’s cause of actionb) tells defendant why he/she/it is being sued2. summonsa) perfects jurisdictionb) tells defendant when and where he/she/it is being suedCurrent LectureHelicol Case Question: Does Helicol have sufficient contacts in Texas for it to have jurisdiction over the Helicol Case? Contacts: 1. There is an impact on Texas residents 2. Helicol made significant purchases in Texas/ pilot traininga. Continuous b. PurposefulLack of Contacts: 1. Alleged wrong, the accident, did not occur in Texas2. Peruvian K Clause: foreseeability 3. No sales in Texas —Sales are a more significant contact than purchasesSupreme Court Decision: Helicol’s Purchases alone are not enough. Rationale: Companies do not have much choice as to where to make purchases. Texas does not have jurisdiction over the case. Internet “sliding scale” : If the customer initiates interaction it is not as much of a contact as if the website deliberately directs advertisement at a locationIn Rem Jurisdiction: If you are suing an inanimate object, a state has jurisdiction if the object is physically located in that state. Venue: A case can be taken to most courts in a state so long as it is not substantially inconvenient. Choice of Law: a state has jurisdiction, but another state’s laws may apply in the case. Conflict of Law: Two state’s laws conflict with each other LitigationProfiling issues1. Settlement: figure out how the case is settled2. Appropriate court: find out which court the case will be settled in.3. Statue of Limitations: time limit as to how soon the plaintiff to file a complaint 4. Standing: having a direct investment in the outcome of the casePeople in a case1. Plaintif: person who is suing or bringing the charges2. Defendant: Person who is being sued or charged3. Attorney: another word for lawyer. Obligated to advocate for their client4. Judge: Person who hears the case and presides over it. Steps for filing the case:1. Complaint: charging the defendanta. States why the plaintiff is charging the defendantb. Tells defendant why he or