The Court System Chapter 2 Chapter 2 The Court System I The State and Federal Court Systems a The State Court System many state courts have a level of trial courts and two levels of appellate courts have authority over matters of state law i Trial Courts trial courts with limited jurisdiction include local municipal courts and domestic relations courts At trial the parties may dispute the facts what law applies and how that law should be applied ii Appellate Courts In most states after a case is tried there is a right to at least one appeal Few cases are reviewed on appeal An appellate court examines the record of a case looking at questions of law and procedure for errors by the court below iii Highest State Courts In all states there is a higher court usually called the state supreme court The decisions of this highest court on all questions of STATE law are final If a federal constitutional issue is involved in the state supreme court s decision the decision may be appealed to the US Supreme Court b The Federal Courts also 3 tiered have authority over mattes of federal law i US District Courts US District Courts are federal trial courts of general jurisdiction ii US Courts of Appeals US courts of appeal hear appeals from the decisions of the district courts located within their respective circuits The decision of each court of appeals is binding on federal courts only in that circuit iii US Supreme Court The court at the top of the federal system is the US Supreme Court 1 Appeals a party may ask the Court to issue a writ of certiorari but the Court may deny the petition Denying a petition is NOT a decision on the merits of the case Most petitions are denied 2 Petitions typically the Court grants petitions only in cases that at least four of the justices view as involving important constitutional questions II Basic Judicial Requirements a Jurisdiction the Power to hear and decide a case Before a court can hear a case it must have jurisdiction over both the person against whom the suit is brought or the property involved in the suit and the subject matter of the case i Jurisdiction over persons or property a court has jurisdiction over persons or property located within the state or district ii Long Arm Statutes allows for jurisdiction over non resident defendants provided the non resident defendant has MINIMUM CONTACTS with the forum state Did the Defendant PURPOSEFULY AVAIL himself of the RIGHTS AND PROTECTIONS of the forum state such that he can REASONABLY EXPECT to be brought into court iii Corporate Contacts there must be sufficient contacts with the forum state such that the maintenance of a suit does not offend traditional notions of fair play and substantial justice b Subject Matter Jurisdiction SMJ a court is limited in the types of cases that it can hear i General and Limited Jurisdiction A court of general jurisdiction can hear virtually any type of case except a case that is appropriate for a court of limited jurisdiction ii Original and Appellate Jurisdiction Courts of original jurisdiction are trial courts courts of appellate jurisdiction are reviewing courts c Jurisdiction of the Federal Courts Federal courts have SMJ in two situations i Federal Question A suit can be brought in federal court whenever it involves a question arising under the Constitution a treaty or a federal law ii Diversity of Citizenship A suit can be brought in a federal court whenever it involves citizens of different states a foreign country and an American citizen or a foreign citizen and an American citizen 1 All plaintiffs must be diverse from all defendants 2 The amount in controversy must be MORE than 75K d Exclusive v Concurrent Jurisdiction When both state and federal courts have the power to hear a case concurrent jurisdiction exists When a case can be heard only in federal courts or only in state courts exclusive jurisdiction exists i Federal courts have exclusive jurisdiction in cases involving federal crimes bankruptcy patents and copyrights lawsuits against the US ii State courts have exclusive jurisdiction in cases involving divorce and adoptions e Venue refers to the most appropriate location for a trial The court that tries the case should be in the geographic area in which the incident occurred or the parties reside f Standing to Sue Before a person can bring a lawsuit before a court the party must have standing The party must have suffered a harm or been threatened a harm by the action about which he or she is complaining The controversy at issue must be justifiable real and substantial as opposed to academic or hypothetical