BUSA2106 Lecture 6 Outline of Last Lecture I Understand basic legal terminology II Understand the structure of the court system Outline of Current Lecture III Pretrial process IV Trial V Appeal Current Lecture In which court Jurisdiction is the answer Jurisdiction refers to a court s authority to hear a case Not every court can hear every type of case Side note Distinguish between type of law legal claim and type of court Two sets of jurisdictional requirements Personal jurisdiction 1 Court s authority over the defendant in the case 2 Has to exist in every case state or federal Subject matter jurisdiction 1 Additional requirements for federal court 2 Choosing a court Federal and state courts have concurrent jurisdiction over certain cases state courts have exclusive jurisdiction over other cases If there is concurrent jurisdiction why choose one court over another Personal jurisdiction Authority over the defendant Rules 1 Focuses on the defendant s relationship to a state 2 Personal jurisdiction always exists over residents of the state where the court sits with proper service of process summons Personal jurisdiction cont Rules cont 1 Personal jurisdiction exists over non residents of the state where the court sits with proper service of process IF a The defendant had enough connection to the state as a whole such that it is fair for the defendant to expect to be hauled into court in that state b Called the minimum contacts test comes from each state s long arm statute Subject matter jurisdiction Additional set of requirements for filing case in federal court Two options 1 Federal question jurisdiction lawsuits brought under the U S Constitution or a federal statute OR 2 Diversity jurisdiction lawsuits between Plaintiffs and defendants who are citizens of different states OR A foreign country and U S citizens OR U S citizens and foreign citizens AND The amount in controversy must be over 75 000 Corporate citizenship For purposes of diversity jurisdiction corporation is a citizen of 1 The state where it is incorporated AND 2 The state where its principal place of business is located Complete diversity Different rules for individual parties and corporate parties Jurisdiction Where can I file my case Federal courts Personal jurisdiction Defendants Resident service of process OR Non resident service of process long arm statute minimum contacts AND Subject matter jurisdiction Federal question Constitution OR Federal statute OR Diversity Citizens of different states OR Foreign country and U S citizen OR Foreign citizen and U S citizen OR AND 75 000 amount in controversy What if there is jurisdiction in more than one federal or state court Venue is the answer Convenience practicality Case is heard in court in the geographical area where the defendant resides OR where the act at issue occurred Sometimes venue is transferred in cases of high publicity Following a state court case Pleadings 1 Complaint 2 Answer Pre trial motions 1 Motion to dismiss Discovery 1 Depositions 2 Interrogatories 3 Requests for documents Pretrial conference Jury selection Trial Post trial motions Appeal Final judgment Enforcing the judgment 1 2 3 4 Litigation is Expensive Slow Stressful Public Settlement is always an option Next alternative dispute resolution Pleadings Purpose define the factual and legal issues in the suit Plaintiff s Complaint 1 Initiates the lawsuit and gives defendant notice 2 Must include Facts establishing the court s jurisdiction Facts showing plaintiff s claim and legal theory The remedy the plaintiff is seeking BUSA 2106 Professor Charlotte Alexander 4 Pleadings Defendant s options Defendant s Answer 1 Denials 2 Counterclaims 3 Affirmative defenses Example statute of limitations OR Defendant s motion to dismiss 1 No response a Default judgment for plaintiff BUSA 2106 Professor Charlotte Alexander 50 Pre trial motions Motion to dismiss 1 Failure to state a cause of action upon which relief can be granted 2 No subject matter or personal jurisdiction Discovery Purpose Ensure that case is tried on the merits 1 2 3 4 Preserves evidence Allows evidence obtained to be used to impeach the testimony of witnesses Allows parties to discover what opponent knows Facilitates settlement Scope Anything that might lead to relevant information can be discovered Cost Forms of discovery Depositions formal on the record interview of parties or witnesses Interrogatories written questions directed to the parties only Requests for production of documents directed to parties or witnesses Mental and or physical examinations parties only Jury selection Sample voir dire questions 1 Do you know any of the parties lawyers in this case 2 What is your occupation Educational background 3 Are you married 4 Have you or a member of your family ever been convicted Had a bad experience with a police officer Witnessed a crime 5 Have you read about this case or heard TV or radio reports about it 6 Have you formed an opinion about the case More voir dire questions Do these questions give you any insights into a prospective juror 1 2 3 4 What is your favorite book What is your favorite TV program Who is your favorite radio personality Do you have any bumper stickers on your car What do they say Strikes Peremptory strikes 1 Limited number 2 Don t have to explain reasoning 3 No approval required For cause 1 Unlimited 2 Have to explain reasoning 3 Judge has to approve Purpose of a jury trial 7th Amendment to the U S Constitution 1 Guarantees jury trial in federal courts when amount in controversy is greater than 20 2 Rules differ in state courts Juries decide FACTS Judges decide the LAW Except sometimes there is no jury bench trial Anatomy of a jury trial Opening statements Plaintiff s case 1 Witnesses exhibits 2 Cross examination Defendant s case 1 Witnesses exhibits 2 Cross examination Plaintiff s rebuttal 1 Witnesses exhibits 2 Cross examination Closing arguments Motion for a directed verdict Jury instructions Jury deliberations Verdict Post trial motions Appeal Final judgment Enforcing the judgment Question to ponder Why would the plaintiff have two bites at the apple Initial case and rebuttal Plaintiff always has the of proof 1 Civil preponderance of the evidence 2 Criminal beyond a reasonable doubt Funky motions Motion for a directed verdict May be requested by either party May be requested at multiple points during the trial Judge takes decision out of the hands of the jury and directs a verdict for the party who filed the