BCOR 3000 1nd Edition Lecture 6 Outline of Last Lecture I Due Process cont d II Equal Protection clause III 3 Levels of Scrutiny A Strict Race B Intermediate Age Gender C Rational basis IV Privacy Rights Outline of Current Lecture I Judicial review II Standing III Jurisdiction IV Venue V State Court System VI Federal Court System VII Pleadings VIII Discovery IX Juries X Arbitration XI Mediation Current Lecture Chapter 3 The Courts and Alternative Dispute Resolution Judicial Review The power of the courts to review and invalidate the actions of the other branches These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Supreme Court took the power to have power of Judicial Review in the Marbury v Madison case Justice Marshall stated that this was the power of the court To File Suit one needs Standing your stake in the matter if you sue you have to have a justifiable reason to do so Must have a stake in the outcome Cannot file another s suit for them Injury must be personalized Standing has been found to exist in environmental cases where plaintiff cannot prove specific particular harm Jurisdiction Who Who can tell you what to do 1 Personal in Personem Does this court have power over the named defendant in the case Can be based on Residency where you live Physical Presence where the accident took place or Minimum Contacts business there doesn t have to be much connection at least 1 insignificant contact will do Always in the view point of the plaintiff person suing either their residency or state of accident Ex Accident in WY Plaintiff from WY Defendant from CO Jurisdiction in WY residence and CO physical presence In Rem based on location of property that is subject of law suit usually involves real estate location of parties is not relevant Typically based on an ownership dispute over property Takes the place of personal jurisdiction over defendant Texas buyer vs Colorado owner of condos fighting over CO ownership CO will win jurisdiction 2 Subject Matter is this the right court to hear this type of case Long Arm Statue to maximize the ability of the state to beat the minimum contacts test or the physical presence test Venue location place within ok jurisdiction s which location can hear case There might be multiple possibilities Cities and Counties Based on convenience Every county in CO has a state court Where does it make sense 3 people involved Plaintiffs defendants and witnesses Ex 2 people from Boulder get in an accident in Boulder County court has to be heard in BOULDER Ex 1 from Boulder and 1 from Mesa county get in an accident in Eagle County CO has jurisdiction Venue Boulder Eagle or Mesa County General Rule If there are many witness to a traffic accident they will argue to have it where the accident took place Or based on a central location of the two people in the case Can be where Plaintiff lives Defendant lives incident occurred or among judicial discretion NEED ALL 3 INCLUDING BOTH A B ASPECTS OF JURISDICTION File in State or Federal State Most cases applies to both civil and criminal Federal exclusive Violations of Federal Statutes trademark and patent admiralty Concurrent can file in either Plaintiff can choose federal if 1 Federal Questions no minimum 2 Diversity Minimum 75 000 Criminal Jurisdiction and Venue Personal Jurisdiction only the courts of the jurisdiction that filed charges can hear case WHO Ex Colorado crime can only be heard and tried in CO Venue State is prosecution For Criminal Case Venue will Normally Where defendants lives or where crime took place Defendant often requests a change Venue Issues Venue rules can be modified in special circumstances Change of Venue often requested for fairness to defendant Must remain w in jurisdiction Examples Colo Small town school principal case principal sleeping with student requested change of venue to Colorado Springs b c no had heard about it Okla City Bombing case Federal case b c it was a federal case jurisdiction could change to anywhere in the country Unusual Circumstances Central City casino bus accident US 6 is a scary road Smoking pot while driving and crashed the bus Criminal case brought on by State of CO Clear Creek County Witness the whole bus did not live in clear creek county Did not live in county so moved to JEFF CO for the convenience of the witnesses Plaintiff initially picks by filing State Court Systems Independent from federal courts Structures differ somewhat Most have 3 levels Supreme Appellate Trial General default and Limited specific kinds of cases Jurisdiction Trial Courts Federal Court system 3 Levels US Supreme Court Appeal to this court is discretionary US Circuit Court of Appeals Trial Courts Federal District Courts Gen Jurisdict Special Jurisdiction Fed Trial Courts Tax U S Claims Pleadings Complaint Filed by Plaintiff starts a lawsuit Answer Defendant files Deny or admit Counterclaim Third party complaint 3rd party is someone outside the lawsuit Example new brakes from shop don t work and get into accident sued by one in accident but not your fault b c brakes were not working someone else is involved in this too Motion to intervene Motion to consolidate Pretrial Motions Judgment on pleadings Based only on pleadings prior slide no facts in dispute Used if pleadings alone determine outcome Example Suing Burger King for gaining weight File complaint on pleadings Plaintiff s words are true but we don t owe File motions on grounds that the reasons are not good enough Summary judgment No facts in dispute based on all evidence only questions of law Can be filed at any time as more evidence comes to light Ex Penicillin not checked off on medical form once document is presented wand proves innocent guilty then summary judgment can be used Discovery What you don t see in the movies Purposes To eliminate surprise at trial Makes movies TV shows boring To promote settlement of case Conducted by the parties Judge involved only if a dispute Attorneys seek info from each other Discovery Techniques Depositions Sworn testimony Effective but expensive Can use later to refute live court testimony Interrogatories Written questions Less effective but less expensive Why less effective Production of Documents Business records Medical records Can tell opposing counsel where to search for them v giving them Medical Examination If medical conditions is an issue in case Each side can examine Inspections of