1 Court of Appeals 7 judges highest in MD 2 Court of Special Appeals falls right below court of appeals for MD 3 Class 1 Affirming a decision agreeing with it Reverse they are wrong Remand further review of the case judges 3 Circuit Court 4 Administratitive Concurring Dissenting Case Document Background Holding Headnotes Body of the opinion Parties Name Courts common law Executive action Opinion of the Court Decision Mandate order made by appellate court whether they affirm or not Legislature passes statutes Construction of statutes Reviewing and Presenting cases Issue presented in the case Rule of Law Apply to the case Conclusion of case 1st purpose of Blaw Uniformity with laws 2nd purpose Remedy trying to recover something ex law cases or equitable remedies workman s compensation exclusive remedy for personal injuries that happen on the job TORT civil wrong ex auto accident police brutality Civil cases wrongful death Criminal cases manslaughter Ceriorari petition to appeal TRO temporary restraining order Eminent Domain power of government to take private property for public use Court Structure Jury or Bench State District Ct No jury Circuit Court Jury Court of Special Appeals Court of Appeals get to by certiori Special Courts tax orphans Federal District Ct Jury Circuit Appeals MD in the 4th Circuit Supreme Court get there by certiori Special tax court of claims Diversity referred to state where it occurred Federal Q Federal and State can interact Certify Q of law Supreme to court of appeals Certify or Construct Court of appeals to Supreme The revolution of Private Disputes State Courts and their Jurisdiction US has 52 court systems federal a system for each state Courts of limited jurisdiction Minor criminal cases and civil disputes involving small amounts of Find the relevant facts identify appropriate rules of law combine money or specialized matter facts and law to reach decision Examples traffic courts probate courts small claim courts o Some people argue their own cases without attorney reps o No transcript kept usually appeals from their decisions require new trial in a trial court Trial Courts Not governed by subject matter restrictions or limits on civil damages or criminal penalties Courts of record Nearly always represented by attorneys Could be called circuit superior district county or common places court Appellate Courts state appeals Decide only legal questions Review the record of the trial court Usually accept the fact finding of the trial court US supreme court sometimes hears appeals from decisions of the state s highest court Jurisdiction and Venue any court of choice Party who sues in a civil case plaintiff cannot sue the defendant in o Chosen court must have jurisdiction over the case Jurisdiction court s power to hear a case and to issue a decision binding on the parties Subject Matter Jurisdiction court s power to decide the type of dispute involved in the case In Personam Jurisdiction In Rem Deals with location residence activities of defendant Bombliss v Cornelsen Dog issue of In Personam Jurisdiction Because the defendants were not residents of the state of Illinois they asked for dismissal The court gave them a dismissal and the case was appealed Bomblisses sued the cornelsens for posting false information In Rem Jurisdiction Presence of property in the state Empowers courts to determine rights in that property even if the person whose rights are affected are outside the state s personum jurisdiction Quasi in Rem person and property Venue case Requirements for a fair and convenient form in which to hear the Consider where defendant resides or where witnesses are located Forum Selection Clause Disputes between parties regarding matters connected with contract must be litigated in certain courts of a particular state Federal Courts and Jurisdiction District court o Diversity Jurisdiction 1 case between citizens of different states 2 amount in controversy exceeds 75 000 o Federal case arises under the constitution laws or treaties of the US Internet Solutions corp v Marshall Marshall caused injury to business in Florida where she claimed had no subject matter or in personam qualifications Concurrent Jurisdiction Both state and federal government have jurisdiction Specialized Federal Courts Court of Federal Claims hears claims against the US Court of Internal Trade Tax Court Federal Courts of Appeals 13 circuit court of appeals one D C one federal US Supreme Court Mainly an Appellate Court only questions of law Appealable decisions fall to certiorari court has discretion to hear the appeal or not questioned o Falls in certiorari if validity of any treaty or federal statute is o Any state statute is challenged as repugnant to fed law o any title right privelege or immunity is claimed under fed law Will act as original court in specific cases o between two or more states orig exclusive o foreign embassadors orig o US and a state orig Civil Procedure Set of legal rules establishing how a civil lawsuit proceeds from beginning to end Service of Summons The pleadings o Lets defendant know they are being used o Documents the parties file with the court when they first state their respective claims and defenses complaint answer reply Answer is from defendant to Plaintiff Reply is plaintiff back to defendant Affirmative defense allows defendant to win even if plaintiff complaint is fulfilled Motion to Dismiss Motion for judgement on the pleadings o Demurrer dismiss based on so what Discovery o Interrogations o Deposition attorneys question other parties o Request production of items and evidence o Physical mental exam Allstate Indemnity Co v Ruiz Distinguish between what is discoverable info and what is not Summary Judgement Disposing relatively clear cases without a tril o No genuine issue of material Entitled to judgement as matter of law The Pretrial Conference Trial Procedure o Jury or no Jury Jury gets the facts judge still deals with the law No jury is a bench trial o Striking jury member can happen but only with non discriminatory reasons Procedure o Opening statements o Plaintiff Case in chief witnesses and introduce documentary evidence o Plaintiff Direct examination o Defense cross examination o Redirect and recross examination o Defense case presentation and repeat process o Rebutting evidence o Objections validity determined by judge Jury Trials o Bring a verdict who wins and if it is plaintiff how much money should be presented o Directed Verdict
View Full Document
Unlocking...