The Court SystemCourt PersonnelSlide 3Slide 4Slide 5Slide 6Slide 7Slide 8Slide 9PowerPoint PresentationOrganization of the Court SystemSlide 12Diversity of Citizenship JurisdictionDJ Problem #1DJ Problem # 2DJ Problem # 3Slide 17Slide 18Hierarchy of Federal and State CourtsHierarchy of Georgia State CourtsFederal Court SystemGeorgia’s Federal DistrictsU.S. Circuit Courts of AppealsHierarchy of Georgia Federal CourtsSlide 25Slide 26U.S. Supreme Court JusticesGeorgia Supreme CourtPower of Judicial ReviewLitigation Chapter 4LitigationParties to a LitigationSlide 33Slide 34Slide 35Slide 36Slide 37Requirements for Bringing SuitSlide 39Slide 40Slide 41Slide 42Slide 43Slide 44Slide 45Pretrial ProceduresComplaint: CaptionComplaint: Statement of ClaimComplaint: Prayer for ReliefPleadings: Defendant’s OptionsGeneral AnswerSpecific Answer (sans caption and signature)Slide 53Slide 54Slide 55Slide 56Slide 57Slide 58Slide 59Slide 60TrialSample Voir Dire QuestionsSlide 63Slide 64Slide 65Slide 66AppealsOrder of LitigationThe Court SystemThe Court SystemChapter ThreeChapter ThreeCourt PersonnelCourt PersonnelJudges and JusticesJudges and JusticesJurorsJurorsLawyersLawyersCourt PersonnelCourt PersonnelJudges and JusticesJudges 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 courtsappellate 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 courtsCourt PersonnelCourt 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 partiesdisputed 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 lawlawCourt PersonnelCourt PersonnelTrial Court JudgesTrial Court JudgesDecide questions of law and preside Decide questions of law and preside over jury trialsover jury trialsCourt PersonnelCourt PersonnelAppellate Judges and JusticesAppellate Judges and JusticesDetermine whether the trial judge Determine whether the trial judge correctly applied the lawcorrectly applied the lawGenerally do not review determinations of Generally do not review determinations of factfactCourt PersonnelCourt PersonnelJurorsJurorsThe jury is a fact-finding bodyThe 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:66thth Amendment guarantees jury trials in Amendment guarantees jury trials in criminal casescriminal cases77thth Amendment guarantees jury trials in Amendment guarantees jury trials in most civil casesmost civil casesCourt PersonnelCourt PersonnelJurorsJurors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 sidesfrom 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 forward with a criminalcriminal prosecution prosecutionCourt PersonnelCourt PersonnelLawyersLawyersRepresent private parties in court by Represent private parties in court by presenting evidence and legal presenting evidence and legal argumentsarguments Attorney-client privilegeAttorney-client privilege - All - All confidential communications between an confidential communications between an attorney and his/her client are privilegedattorney and his/her client are privilegedOrganization of the Court Organization of the Court SystemSystemOrganization of the Court SystemOrganization of the Court SystemState courts vs. Federal courtsState courts vs. Federal courtsState courts hear cases arising under State courts hear cases arising under state law or state constitutionsstate law or state constitutionsOrganization of the Court SystemOrganization of the Court SystemState courts vs. Federal courtsState 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; orCases 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.1313Diversity of CitizenshipDiversity of CitizenshipJurisdictionJurisdiction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?RequirementsRequirementsAll plaintiffs must be citizens of states different All plaintiffs must be citizens of states different from any defendant (total diversity); ANDfrom 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 moreJurisdictional amount -- $75,000 or more1414DJ Problem #1DJ 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