The Court System (Chapter 2)Chapter 2: The Court SystemI. The State and Federal Court Systemsa. 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 lawi. Trial Courts: trial courts with limited jurisdiction include local municipal courts, and domestic relations courts. At trial, the partiesmay dispute the facts, what law applies, and how that law should be appliedii. 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. Anappellate 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 Courtb. The Federal Courts: also 3 tiered, have authority over mattes of federal lawi. 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 circuitiii. US Supreme Court: The court at the top of the federal system is theUS 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 importantconstitutional questionsII. Basic Judicial Requirementsa. Jurisdiction: the Power to hear and decide a case. Before a court can hear acase, 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 thecasei. Jurisdiction over persons or property: a court has jurisdiction over persons or property located within the state or districtii. Long Arm Statutes: allows for jurisdiction over non-resident defendants provided the non-resident defendant has MINIMUMCONTACTS 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 justiceb. Subject Matter Jurisdiction (SMJ): a court is limited in the types of cases that it can heari. General and Limited Jurisdiction: A court of general jurisdiction can hear virtually any type of case, except a case that is appropriatefor a court of limited jurisdictionii. Original and Appellate Jurisdiction: Courts of original jurisdiction are trial courts; courts of appellate jurisdiction are reviewing courtsc. 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 lawii. 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 defendants2. The amount in controversy must be MORE than $75Kd. 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 existsi. Federal courts have exclusive jurisdiction in cases involving: federal crimes, bankruptcy, patents and copyrights, lawsuits againstthe USii. State courts have exclusive jurisdiction in cases involving: divorce and adoptionse. 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 residef. 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