Chapter 2 The Resolution of Private Disputes State Courts and Their Jurisdiction Courts of limited jurisdiction minor criminal cases civil disputes involving small amounts of money or specialized matters traffic courts can be informal parties can argue their own cases Trial courts not governed by the subject matter restrictions or the limits on civil damages or criminal penalties like courts of limited jurisdiction focus on cases involving significant dollar amounts or major criminal penalties keep detailed records of hearings states usually have at least one trial court for each county Appellate courts decide only legal questions review the record of the trial court proceedings no new evidence Jurisdiction is a court s power to hear a case and to issue a decision binding on the parties Even if a court has jurisdiction applicable venue requirements must also be satisfied in order for the case to proceed in that court o Subject matter jurisdiction is a court s power to decide the type of dispute involved in the case o In personam in rem jurisdiction is based on the residence location or activities of the defendant long arm statutes can give courts in personam jurisdiction over certain out of state defendants o In rem jurisdiction is based on the presence of property within the state empowers state courts to determine rights in that property even if the persons whose rights are affected are outside the state s jurisdiction o Venue venue questions arise after jurisdiction is established a court has venue if it is a territorially fair and convenient forum in which to hear the case a case concerning land must be filed in the county where the land is located o Forum selection clause disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state can address both jurisdiction and venue issues Federal Courts and Their Jurisdiction Most cases start in the federal district courts and these courts determine the facts and the law Diversity jurisdiction exists when the case is between citizens of different states and the amount in controversy exceeds 75 000 it may help protect out of state defendants from potentially biased state courts a corporation is a citizen of the state where it has been incorporated and the state where it has its principal place of business Federal question jurisdiction exists when the case arises under the Constitution laws or treaties of the US when a right created by the federal law is a basic part of the plaintiff s case Even if there is diversity jurisdiction or federal question jurisdiction a federal court district must also have in personam jurisdiction in order to render a decision that is binding on the parties Exclusive jurisdiction federal districts courts have this over some matters Concurrent jurisdiction both the federal district courts and the state courts like patent cases have jurisdiction over the case o If there is concurrent jurisdiction and the plaintiff chooses state courts the defendant has the option to remove the case to an appropriate federal court Specialized federal courts Court of Federal Claims hears claims against the US Court of International Trade tariff customs import ect Federal Court of Appeals no fact finding review the legal conclusions reached by lower federal courts US Supreme Court appellate court considers questions of law when it decides appeals from the federal courts of appeals and the highest state courts o Appeals from the federal court of appeals are almost always within the Court s certiorari jurisdiction o Appeals from the highest state courts are within the certiorari jurisdiction when the validity of any treaty or federal statute has been questioned any state statute is challenged as repugnant to federal law any title right privilege or immunity is claimed under federal law o Original jurisdiction it acts as a trial court o Has original and exclusive jurisdiction over all controversies between 2 o more states Civil Procedure Civil procedure is the set of legal rules establishing how a civil lawsuit Adversary system is at work during civil cases litigants take contrary proceeds from beginning to end positions through their attorney s Plaintiff must prove each element of his claim by a preponderance of the evidence Summons notifies the defendant that he is being sued Pleadings are the documents the parties file with the court when they first ate their respective claims and defenses define and limit the issues to be dictated by the court o Complaint states the plaintiff s claim and the remedy requested o Answer responds to the complaint paragraph by paragraph with admission or denial of each allegation Affirmative defense enables the defendant to win the case even if the allegations in the complaint are true attack on the plaintiff s clam use fraud as an affirmative defense to contract claims Counterclaim is a new claim by the defendant arising from the matters stated in the complaint defendant s attempt to obtain legal relief counterclaim for damages caused by that fraud o Reply plaintiff s response to a counterclaim or affirmative defense Motion to dismiss made after the plaintiff has filed his complaint procedural motion to end a case inadequate service of process lack of jurisdiction failure to state a claim upon which relief can be granted demurrer Motion for judgment on the pleadings occurs after the pleadings have Discovery parties can request information from the other party by utilizing been completed the forms of discovery o Deposition one party s attorney conducts an oral examination of the o Interrogatories written questions directed by the plaintiff to the other party or of a witness defendant or vice versa o Requests for admissions one party s written demand that the other party admit or deny in writing certain statements of supposed fact or of the application of law to fact o Requests for production of documents or other physical items o When the issues in a case making the opposing litigant s physical mental condition relevant a party may seek discovery by filling a motion for a court order requiring that the opponent undergo a physical mental examination Summary judgment is a device for disposing of relatively clear cases without a trial must show that there is no genuine issue of material fact she is entitled to judgment as a matter of law Pretrial conference the judge meets informally with the attorney s for both litigants tries to
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