HSP_MGMT 1133 1st Edition Lecture 1Tier Three of the Court System:1st tier= Trial court2nd tier=Appellate court3rd tier=Supreme court- 51 Tier 3 courts in the U.S.o Function: to be the last court to rule over a case- Federal-U.S. Supreme Courto 9 Judges (or justices)- sit as a group to make decisions and write opinions on the cases that are brought to them- State- Missouri Supreme Courto 7 Judges- Current composition of the court- federal judges are selected by appointmento Federal judges have life tenure- they serve for life once they are electedo 5 republican justiceso 4 democratic justices- Types of cases in the U.S. Legal system:o Civil- a private party initiates a dispute, government doesn’t have anything to do with it Usually the party is trying to gain monetary damages (trying to get moneyfrom the party they are suing) Torts- one party violates a legal duty owed to another person- Examples of torts: assault/battery, false imprisonment, false arrest, libel/slander, invasion of privacy, infliction of emotional distress, unsafe products (product liability), negligence, dram shop, trademark infringement Contracts/Breach of contract- someone doesn’t perform a contract they were supposed to and as a result of that, someone was harmedo Criminal- initiated by the government Felony- most serious criminal case Misdemeanor Infractiono Regulatory- government does this to protect the publicThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Ex) Revocation of someone’s license, shutting down a restaurant with improper food violations12 Step Civil Case Model (Plaintiff vs Defendant)1. Incident (tort) Occurs- example: employee forgets to clean up a spill in a restaurant and a guest slips, falls and breaks a lega. Statute of limitations begins to tick- time period that is imposed under the law that states how quickly a case has to be filed; so if the statute of limitations is 2 years, the case has to be filed 2 years after the incident happens or else it will be deemed stale and can be dismissed2. Demand from plaintiff- says that they are pressing charges for whatever reasona. Defendant’s response- can pay the amount requested for the damages or can argue it; these letters are not allowed in court because it could discourage peoplefrom trying to settle their cases because they would be worried their letters could be used against them later on in court3. Filing of lawsuit- where do we file it?a. Former rules allowed for plaintiff to decide what city/state to file it atb. Current rules say file it where the event occurred atc. What is filed? A petition if it is a state court lawsuit, a complaint if it is a federal court lawsuiti. Contents:1. Statement of jurisdiction- says who is involved and why the court has power to decide the case2. Cause of action- explains to the court what happened, the facts and the legal theory that the plaintiff is suing on; this is the longest part of the lawsuit3. Prayer- what you are asking the court for; ex) “plaintiff respectfullyasks this court to award damages in the amount of $500,000…” etc4. Service/Transmission of the suit- the suit must be transmitted or delivered after it is filed, otherwise the defendant will not ever know that he is being sueda. Methods of transportation-i. Personal service- one person hand-delivers the papers to another person (usually a deputy sheriff)ii. Mailiii. Publication- newspapers, for use if you can’t find someone or don’t know where they reside ativ. Internet-
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