Chapter 2 The Court System Copyright 2009

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Chapter 2: The Court System Copyright © 2009 South-Western Legal Studies in Business, a part of © 2009 South-Western Legal Studies in Copyright South-Western Cengage Learning. Business, a part of South-Western Cengage Learning.

§ 1: The Judiciary’s Role in American Government • Judicial Review was established in Marbury v. Madison (1803): “It is emphatically the province and duty of the Judicial Department to say what the law is…. ” • Today the judicial power is exercised by both federal and state courts. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 2

§ 2: Basic Judicial Requirements • “Juris” (law) “diction” (to speak) is the power of a court to hear a dispute and to “speak the law” into a controversy and render a verdict that is legally binding on the parties to the dispute. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 3

Types of Jurisdiction-State • • • In Personam Jurisdiction. In Rem Jurisdiction. Quasi In Rem Jurisdiction. Subject Matter Jurisdiction. Amount in Controversy. Concurrent. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 4

Jurisdiction Over Persons • Power of a court to compel the presence of the parties (including corporations) to a dispute to appear before the court and litigate. • Courts use long-arm statutes for non-resident parties (including corporations) based on “minimum contacts” with state. • Case 2. 1 Mastondrea v. Occidental Hotels Management S. A. (2007). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 5

Jurisdiction over Property • In Rem jurisdiction is the power to decide issues relating to property, whether the property is real, personal, tangible, or intangible. • A court generally has in rem jurisdiction over any property situated within its geographical borders. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 6

Other Jurisdiction • Courts can also exercise jurisdiction over: – The Subject Matter of the Case (e. g. , bankruptcy, probate, family, or criminal cases). – The Amount in Controversy (the amount of damages). – Original and Appellate. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 7

Jurisdiction of Federal Courts • “Federal Question” cases involve rights or obligations of a party that are created or defined by some federal law. • “Diversity of Citizenship” cases exist where: – The parties are not from the same state, and – The amount in controversy is greater than $75, 000. • Exclusive vs. Concurrent jurisdiction. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 8

Jurisdiction in Cyberspace • “Sliding Scale” Standard Passive Website No Yes Substantial Business Interaction • International jurisdiction issues (Yahoo v. La Ligue Contre le Racisme el l’Antisemitisme, 2004). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 9

Venue • Venue is concerned with the most appropriate location for the trial. • Generally, proper venue is whether the injury occurred. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 10

Standing to Sue • In order to bring a lawsuit, a party must have “standing” to sue. • Standing is sufficient “stake” in the controversy; party must have suffered a legal injury. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 11

§ 3: State and Federal Court Systems Texas Courts Ct. Criminal Appeals Federal Courts Supreme Court of Appeals District Court County Court Municipal Court Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. Justice Court U. S. Supreme Court Circuit Courts of Appeals U. S. District Court 12

State Court System: Trial Courts “Courts of record”-court reporters. Opening and closing arguments. Juries are selected. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. • Witnesses are examined and cross-examined. • Verdicts and Judgments are rendered. • • Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 14

Appellate Courts • Middle level of the court systems. • Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law. • Generally, appellate courts will consider questions of law, but not questions of fact. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 15

Supreme Courts • Also known as courts of last resort. The two most fundamental ways to have your case heard in a supreme court are: – Appeals of Right. – By Writ of Certiorari. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 16

The Federal Court System • U. S. District Courts are the ‘Trial’ courts of the federal court system. • U. S. Courts of Appeals. • United States Supreme Court. – Writ of Certiorari (Rule of Four). – Typically, involve important constitutional questions. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 17

§ 4: Judicial Procedures: Following a Case through the Courts • American and English court systems follow the adversarial system of justice. • Court systems developed around the common law concept of “due process” which requires adequate notice and a fair and impartial hearing. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 19

Pleadings • Consult an Attorney. • Prepare Pleadings. • File Petition/Complaint. – Court acquires jurisdiction over subject matter and Plaintiff. – Facts: what happened? – Prayer: Court relief. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 23

Pleadings-Service of Process • Defendant served with Complaint and Summons. • Court acquires Personal Jurisdiction over Defendant (person or corporation). • Corporate Defendants are served via Registered Agent. • Case 2. 2 Cruz v. Fagor America, Inc. (2007). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 24

Pleadings-Answer • The Answer is the Defendant’s response to the allegations stated in the Plaintiff’s Complaint. • In the Answer, the Defendant must specifically admit or deny each allegation in the Complaint. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 25

Pleadings-Answer • Defendant’s Answer: – May state General Denial. – Move for Change of Venue. – Allege Affirmative Defenses. – Counter Claim against Plaintiff. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 26

Dismissal and Judgments Before Trial • Defendant can move the Court to dismiss the Action for various reasons, such as: – The Court lacks jurisdiction. – The Plaintiff has failed to make all of the allegations, in his Complaint, that the law requires (i. e. , the plaintiff has failed to state a cause of action). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 27

Dismissal and Judgments Before Trial • Motion to Dismiss. • Motion for Judgment on Pleadings. • Motion for Summary Judgment. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 28

Discovery • Discovery is the process by which parties obtain information from the opposing party prior to trial. Various tools are used: – Depositions & Interrogatories. – Requests for Admissions. – Requests for Production of Documents, Object and Entry. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 31

Litigation-Pre-Trial • Mediation-Arbitration. • Disposition Without Trial: – Default Judgments. – Dismissals (With/Without Prejudice). – Summary Judgment. – Settlement. • Pre-Trial Orders (ex: TRO, In Limine). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 34

The Trial • Trial is fundamentally an evidence presentation and authentication procedure. • To prevail, Plaintiff must introduce a preponderance of competent, relevant evidence with respect to each disputed allegation in order to prove it. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 37

The Trial [2] • The Defendant will attempt to introduce a preponderance of competent evidence to disprove at least one of the disputed allegations. • Hearsay is inadmissible. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 38

The Trial [3] • Bench Trial (no jury). • Jury Selection process involves: – Voire Dire; – Challenges to biased jurors; – Pick and Impanel the Jury; and – Selection of an Alternate Juror. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 39

The Trial [4] • Opening Statements (Plaintiff first). • Plaintiff’s Case--Evidence: – Witnesses- Direct examination vs. Cross X. – Admissibility of evidence decided by judge. Parties object to admission of evidence and judge decides, as a matter of law, whether evidence may be admitted into the trial. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 40

The Trial [5] • Plaintiff’s Case (cont’d). – Party may impeach the testimony or credibility of opposing witness by showing prior inconsistent statements and/or perjury. • Defendant’s Case is next. • Closing Arguments (Plaintiff first). • Jury Instructions, Deliberations and Verdict. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 41

The Trial [6] • Jury’s Verdict: Criminal case--burden of proof is “beyond a reasonable doubt” and the verdict (for guilty or acquittal) must be unanimous. If not, mistrial/hung jury. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 42

The Trial [6] • Jury’s Verdict: – Civil Cases—generally, burden of proof is by “preponderance” of the evidence and a majority of jurors must agree on verdict. If not, then mistrial/ hung jury. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 43

Post Trial • Judgment: Jury verdict is entered by the Clerk of Court. • A party may move for a New Trial. • A party may file a Motion for Judgment N. O. V. . • Sentencing (criminal). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 46

Post Trial-Appellate Review • A party may appeal not only the jury’s verdict but any legal issue, motion or court ruling during the trial. • Case 2. 3 Evans v. Eaton Corp. Long Term Disability Plans (2008). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 47

Post Trial-Appellate Review • The party filing the appeal (Appellant) files a brief that contains a short statement of the facts, issues, rulings by the trial court, grounds to reverse the judgment, applicable law and arguments on Appellant’s behalf. • Appeals court can affirm (agree with) or reverse (disagree with) the lower court’s decision. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 48

Post Trial-Enforcing the Judgment • Once a judgment becomes final (i. e. , subject to no further judicial review) the defendant is legally required to comply with its terms. • Defendants who will not voluntarily comply with a judgment can be compelled to do so by seizure and sale of the Defendant’s assets. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning. 49