Chapter 2 The Resolution of Private Disputes 1 State Courts and Their Jurisdiction a Courts of Limited Jurisdiction i Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in courts of limited jurisdiction 1 Examples traffic courts probate courts and small claims courts 2 Such courts handle a lot of cases ii Courts of limited jurisdiction often are not courts of record iii Appeals from their decisions therefore require a new trial a trial de novo in a trial court iv Courts of limited jurisdiction find the relevant facts identify the appropriate rule s of law and combine the facts and the law to reach a decision b Trial Courts i Not governed by the subject matter restrictions or the limits on civil damages or criminal penalties that govern courts of limited jurisdiction ii Trial courts are courts of record that keep detailed records of hearings trials and other proceedings 1 These records become important if a trial court decision is iii The trial court s fact finding function may be handled by the judge or appealed by a jury iv Determination of the applicable law however is always the judges v responsibility In cases pending in trial courts the parties nearly always are represented by attorneys c Appellate Courts i State appeals or appellate courts generally decide only legal ii questions Instead of receiving new evidence or otherwise retrying the case appellate courts review the record of the trial court proceedings Jurisdiction and Venue The party who sues in a civil case the plaintiff cannot sue the defendant the party being sued in whatever court the plaintiff happens to prefer Instead the chosen court must have jurisdiction over the case d 1 Jurisdiction is a court s power to hear a case and to issue a decision binding on the parties a Must have both subject matter jurisdiction and also in personam jurisdiction or in rem jurisdiction 2 Even if a court has jurisdiction applicable venue requirements must also be satisfied ii Subject matter jurisdiction 1 A court s power to decide the type of dispute involved in the case iii In personam jurisdiction 1 In personam jurisdiction is based on the residence location or activities of the defendant a A state court has in personam jurisdiction over defendants who are citizens or residents of the state who are within the state s borders when process is served on them or who consent to the court s authority 2 Most states have enacted long arm statutes that give their courts in personam jurisdiction over certain out of state defendants a Even if a long arm statute applies however a state or federal court s assertion of in personam jurisdiction over an out of state defendant is subject to federal due process standards 1 2 In rem jurisdiction is based on the presence of property within the state It empower state courts to determine rights in that property even if the persons whose rights are affected are outside the state s in personam jurisdiction 1 Venue questions arise only after jurisdiction is established or 2 assumed In general a court has venue if it is a territorially fair and convenient forum in which to hear the case 3 Venue requirements applicable to state courts typically are set by state statutes which normally determine the county in which a case must be brought If justice so requires the defendant may be able to obtain a change of venue 4 iv In rem jurisdiction v Venue vi Role of forum selection clauses 1 A forum selection clause may address both jurisdiction and 2 Federal Courts and Their Jurisdiction venue issues a Federal District Courts Federal District Courts determine both the facts and the law The fact finding function may be entrusted to either the judge or a jury but determining the applicable law is the judge s responsibility Each district has at least one district court and each district court has at least one judge i District court jurisdiction 1 Diversity jurisdiction a May help protect out of state defendants from potentially biased courts b Exists when i 1 The case is between citizens of different states AND ii 2 The amount in controversy exceeds 75 000 2 Federal question jurisdiction a Exists when the case arises under the Constitution laws or treaties of the United States i The arises under requirement normally is met when a right created by federal law is a basic part of the plaintiff s case ii There is no amount in controversy requirement for federal question jurisdiction 3 Diversity jurisdiction and federal question jurisdiction are forms of subject matter jurisdiction Even if one of the two forms exists a federal district court must also have in personam jurisdiction in order to render a decision that is binding on the parties ii Concurrent jurisdiction and removal 1 The federal district courts have exclusive jurisdiction over some matters 2 Often however federal district courts have concurrent jurisdiction with state courts meaning that both state and federal courts have jurisdiction over the case 3 Where concurrent jurisdiction exists and the plaintiff opts for a state court the defendant has the option to remove the case to an appropriate federal district court assuming the defendant acts promptly b Specialized Federal Courts i Court of Federal Claims Hears claims against the United States ii Court of International Trade Concerned with tariff customs import and other trade matters iii Bankruptcy Courts Operate as adjuncts of the district courts iv Tax Court Which reviews certain IRS determinations c Federal Courts of Appeals i Do not engage in fact finding ii Review only the legal conclusions reached by lower federal courts iii 13 circuit courts of appeals 11 numbered circuits covering several states each a District of Columbia circuit and a separate federal circuit iv Except for the Court of Appeals for the Federal Circuit the most important function of the U S courts of appeals is to hear appeals from decisions of the federal district courts d The U S Supreme Court i The United States Supreme Court the highest court in the land is mainly an appellate court 1 Considers only questions of law when it decides appeals from the federal courts of appeals and the highest state courts ii Today most appealable decisions from these courts fall within the Supreme Court s certiorari jurisdiction under which the Court has discretion whether to hear the appeal iii Appeals from the highest state courts are within the certiorari jurisdiction when 1 The
View Full Document
Unlocking...