MGMT 211 1nd Edition Lecture 6Outline of Last Lecture I. 5th Amendment – Due ProcessII. 5th Amendment – Eminent DomainIII. 14th AmendmentIV. Right of PrivacyV. Types of Judicial SystemsVI. Texas Court SystemOutline of Current Lecture I. Texas Court System Part 2II. Federal Court SystemIII. Selection of JudgesIV. JurisdictionV. VenueCurrent LectureChapter 3: Litigation and Alternate Dispute ResolutionI. Texas Court System Part 2a. Third Tieri. Court of Appeals (Criminal and Civil Matters1. Put in metropolitan areas except the one located in Eastland2. Elect 1/3rd of the court every 2 years for a 6 year term3. Partisan Election4. based on population so some areas are put in multiple Courts of Appealsto allow them to serve the same number of peoplea. Not all courts have the same case loadThese 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.b. So not all courts have the same number of judges5. This is a true court of appealb. Fourth Tieri. Supreme Court (Civil Matter)1. 9 judges; 1/3rd elected every 2 years to serve for a 6 year termii. Court of Criminal Appeals1. 9 judges; 1/3rd elected every 2 years to serve for a 6 year term2. A Capital Murder death penalty case skips the Court of Appealsa. You are also forced to appeal in a Death Penalty Case because ofdue processII. Federal Court Systema. First Tieri. US District Court1. Senatorial Curtesy – traditionaly the President is required to contact the Senator from that state from his own party or the most senior senator on who he or she wants appointed as judge2. Texas has 4 district courts (north, South, East, and West)ii. Second Tier1. US Court of Appealsa. 13 different courts – one is for specialized matter and another is for the District of Columbiab. These courts are called Circuitsi. Texas is in the 5th Circuit with Louisiana and Mississippiii. 9th Circuit covers a lot of the Western states, including California, so it has one regular court and then one satellite court1. All other courts only have one location where they sitiii. Not all circuits agree with each other on law (precedent in one circuit is not the same as in another circuit)c. If you’d rather have your trial in federal court you must have diversity of citizenshipi. Must have people from two different states and have a case worth more than $75,000 ii. The Substantive law used is determined by the court which decides between the laws of the states involved (5th Circuit has Texas (Spanish) Law, Louisiana (French) law, and Mississippi (English) law to decide between)iii. Third Tier1. Supreme Court of the United Statesa. Cases that Shall (must be taken by) the Supreme Courti. Border disputes between statesii. Cases that involve people with diplomatic immunityb. Otherwise the Supreme Court decides what cases they want to hear (Supreme Court Selections Act)i. Writ of Certiorari (Writ of Cert) Must be filled out to apply for a Supreme Court decisionii. Rule of Fours – if four justices want to take a case then the “Writ is granted” and the appeals process beginsc. Some cases are granted appeal but are only issued an opinion and are not given the opportunity to present their case (Pro curium)d. You can transfer from the highest state court to the Supreme court on death penalty casesIII. Selection of Judgesa. All the states vary on how judges are selectedi. Elected (Texas selects judges this way)ii. Elected and made to go before a review boardiii. Appointediv. Appointed and made to go before a review boardb. All Federal judges are appointed by the President, confirmed by the Senate and serve forlifeIV. Jurisdictiona. Power of the court to decide certain types of cases (what types of cases a particular court can rule on)b. Two types of jurisdiction requiredi. Territorial Jurisdiction1. In Personam Jurisdiction – once a person has recognized themselves, you can serve them in persona. In Texas you can send by certified mail but only the person whose name is on the envelope can sign iti. Substituted service must be ordered by the court and can occur the person to be served cannot be foundii. Long Arm Jurisdictional Statutes – a state reaches into another state to serve a person1. EX: Divorce and Child Support2. In Rem Jurisdiction (Over the Thing) – if the subject matter of the lawsuit is located in that state they can serve you in that state3. Quasi In Rem – must have “minimal contacts”, which means that you must have maximum interrelation with the “thing” in question to be sued in a different stateV. Venue - Determines which court of all the courts with jurisdiction will hear the casea. Geographic (TX has very liberal venue rules)b. Determined by statutei. Usually determined by residence of the defendantii. Can always be sued where you livec. Numerous Exceptionsi. Forum Shopping – if you think a county is more likely to give you the ruling you want you try to get the case moved thereii. Forum non Conveniens Rule – the judge is supposed to send cases to the most convenient location for both partiesd. Businesses can be suedi. Where they are headquartered or in any county where they operatee. Criminal cases are prosecuted where the crime occurredi. Unless both parties agree to move the case but it is typically hard to do