The Court System The Court System Chapter Three Chapter Three Court Personnel Court Personnel Judges and Justices Judges and Justices Jurors Jurors Lawyers Lawyers Court Personnel Court Personnel Judges and Justices Judges and Justices Judge is the title assigned to those who Judge is the title assigned to those who preside over trial courts and most preside over trial courts and most appellate courts appellate courts Justice is the title granted to those on Justice is the title granted to those on the U S Supreme Court along with the U S Supreme Court along with some other state appellate courts some other state appellate courts Court Personnel Court Personnel Questions of Fact vs Questions of Questions of Fact vs Questions of LawLaw Question of Fact A factual issue Question of Fact A factual issue disputed by the parties disputed by the parties Question of Law An issue concerning Question of Law An issue concerning the application or interpretation of the the application or interpretation of the lawlaw Court Personnel Court Personnel Trial Court Judges Trial Court Judges Decide questions of law and preside Decide questions of law and preside over jury trials over jury trials Court Personnel Court Personnel Appellate Judges and Justices Appellate Judges and Justices Determine whether the trial judge Determine whether the trial judge correctly applied the law correctly applied the law Generally do not review determinations of Generally do not review determinations of fact fact Court Personnel Court Personnel Jurors Jurors The jury is a fact finding body The jury is a fact finding body The right to a trial by jury is protected The right to a trial by jury is protected by the Bill of Rights by the Bill of Rights Amendment guarantees jury trials in 66thth Amendment guarantees jury trials in Amendment guarantees jury trials in 77thth Amendment guarantees jury trials in criminal cases criminal cases most civil cases most civil cases Court Personnel Court Personnel Jurors Jurors Petit Jury Issues a verdict in criminal Petit Jury Issues a verdict in criminal and civil trials after hearing evidence and civil trials after hearing evidence from both sides from both sides Grand Jury Determines whether the Grand Jury Determines whether the government has enough evidence to go government has enough evidence to go forward with a criminal forward with a prosecution criminal prosecution Court Personnel Court Personnel Lawyers Lawyers Represent private parties in court by Represent private parties in court by presenting evidence and legal presenting evidence and legal arguments arguments Attorney client privilege All Attorney client privilege All confidential communications between an confidential communications between an attorney and his her client are privileged attorney and his her client are privileged Organization of the Court Organization of the Court System System Organization of the Court System Organization of the Court System State courts vs Federal courts State courts vs Federal courts State courts hear cases arising under State courts hear cases arising under state law or state constitutions state law or state constitutions Organization of the Court System Organization of the Court System State courts vs Federal courts State courts vs Federal courts Federal Courts hear four types of cases Federal Courts hear four types of cases Federal question cases violation of federal Federal question cases violation of federal law or U S Constitution law or U S Constitution Cases involving the United States as a party Cases involving the United States as a party Cases between two or more states or Cases between two or more states or Diversity of citizenship cases Diversity of citizenship cases Suits between citizens of 2 different states Suits between citizens of 2 different states ANDAND 75 000 or more at issue 75 000 or more at issue The way state law issues go before a federal court The way state law issues go before a federal court Diversity of Citizenship Diversity of Citizenship Jurisdiction Jurisdiction Although a case lacks a federal question Although a case lacks a federal question the Constitution grants federal courts the Constitution grants federal courts jurisdiction if there is diversity of citizenship jurisdiction if there is diversity of citizenship Why Why Requirements Requirements All plaintiffs must be citizens of states different All plaintiffs must be citizens of states different from any defendant total diversity AND from any defendant total diversity AND Corporations have dual citizenship Corporations have dual citizenship State of incorporation and State of incorporation and State where principal place of business is located State where principal place of business is located Jurisdictional amount 75 000 or more Jurisdictional amount 75 000 or more 1313 DJ Problem 1 DJ Problem 1 Assume Plaintiff P is a Georgia resident Assume Plaintiff P is a Georgia resident While driving through Birmingham While driving through Birmingham Alabama P is involved in an accident Alabama P is involved in an accident with D an Alabama resident with D an Alabama resident P alleges more than 75 000 in personal P alleges more than 75 000 in personal and property injuries and property injuries Can P sue in federal court Can P sue in federal court Is there federal question jurisdiction Is there federal question jurisdiction Is there diversity of citizenship Is there diversity of citizenship 1414 DJ Problem 2 DJ Problem 2 Assume the same parties from 1 Assume the same parties from 1 When P was struck by D D was When P was struck by D D was driving a delivery truck for Coca Cola driving a delivery truck for Coca Cola a Georgia corporation a Georgia corporation Can P sue both D the Alabama driver Can P sue both D the Alabama driver and Coke the GA corporation in and Coke the GA corporation in federal court based on diversity federal court based on diversity jurisdiction Why or why not jurisdiction Why or why not 1515 DJ Problem 3 DJ Problem 3 P is an Ohio resident who owns an office P is an Ohio resident who owns an office supply store in Cincinnati Sixteen supply store in Cincinnati Sixteen months ago P sold 104 000 in office months ago P sold 104 000 in office furniture to D a Kentucky corporation furniture to D a Kentucky corporation D made regular payments for several D made regular payments for several months dropping the balance due to months dropping the balance due to 64 000 but has not paid