MGMT 211 1nd Edition Lecture 6 Outline of Last Lecture I 5th Amendment Due Process II 5th Amendment Eminent Domain III 14th Amendment IV Right of Privacy V Types of Judicial Systems VI Texas Court System Outline of Current Lecture I Texas Court System Part 2 II Federal Court System III Selection of Judges IV Jurisdiction V Venue Current Lecture Chapter 3 Litigation and Alternate Dispute Resolution I Texas Court System Part 2 a Third Tier i Court of Appeals Criminal and Civil Matters 1 Put in metropolitan areas except the one located in Eastland 2 Elect 1 3rd of the court every 2 years for a 6 year term 3 Partisan Election 4 based on population so some areas are put in multiple Courts of Appeals to allow them to serve the same number of people a Not all courts have the same case load 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 b So not all courts have the same number of judges 5 This is a true court of appeal II b Fourth Tier i Supreme Court Civil Matter 1 9 judges 1 3rd elected every 2 years to serve for a 6 year term ii Court of Criminal Appeals 1 9 judges 1 3rd elected every 2 years to serve for a 6 year term 2 A Capital Murder death penalty case skips the Court of Appeals a You are also forced to appeal in a Death Penalty Case because of due process Federal Court System a First Tier i US District Court 1 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 judge 2 Texas has 4 district courts north South East and West ii Second Tier 1 US Court of Appeals a 13 different courts one is for specialized matter and another is for the District of Columbia b These courts are called Circuits i Texas is in the 5th Circuit with Louisiana and Mississippi ii 9th Circuit covers a lot of the Western states including California so it has one regular court and then one satellite court 1 All other courts only have one location where they sit iii 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 citizenship i 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 Tier 1 Supreme Court of the United States a Cases that Shall must be taken by the Supreme Court i Border disputes between states ii Cases that involve people with diplomatic immunity b 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 decision ii Rule of Fours if four justices want to take a case then the Writ is granted and the appeals process begins c 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 cases III IV V Selection of Judges a All the states vary on how judges are selected i Elected Texas selects judges this way ii Elected and made to go before a review board iii Appointed iv Appointed and made to go before a review board b All Federal judges are appointed by the President confirmed by the Senate and serve for life Jurisdiction a 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 required i Territorial Jurisdiction 1 In Personam Jurisdiction once a person has recognized themselves you can serve them in person a In Texas you can send by certified mail but only the person whose name is on the envelope can sign it i Substituted service must be ordered by the court and can occur the person to be served cannot be found ii Long Arm Jurisdictional Statutes a state reaches into another state to serve a person 1 EX Divorce and Child Support 2 In Rem Jurisdiction Over the Thing if the subject matter of the lawsuit is located in that state they can serve you in that state 3 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 state Venue Determines which court of all the courts with jurisdiction will hear the case a Geographic TX has very liberal venue rules b Determined by statute i Usually determined by residence of the defendant ii Can always be sued where you live c Numerous Exceptions i Forum Shopping if you think a county is more likely to give you the ruling you want you try to get the case moved there ii Forum non Conveniens Rule the judge is supposed to send cases to the most convenient location for both parties d Businesses can be sued i Where they are headquartered or in any county where they operate e Criminal cases are prosecuted where the crime occurred i Unless both parties agree to move the case but it is typically hard to do this