Chapter 2 The Court System Copyright

Chapter 2 – The Court System Copyright © 2011 by Jeffrey Pittman

Section 1 - The Judiciary’s Role in American Government

Federal and State Governments p Note the difference between federal and state court systems in the U. S. , and the key concept of judicial review Jeffrey Pittman - Legal Environment of Business 3

Judicial Review p For a current example of judicial review, see “Six new states seek to join multi-state health care reform challenge. ” Jeffrey Pittman - Legal Environment of Business 4

Section 2 – Basic Judicial Requirements

What Is Jurisdiction? p p Jurisdiction refers to a court’s power to hear and decide a case – the power to “speak” the law Trial courts have original jurisdiction, that is, trial courts provide a location for lawsuits to begin Jeffrey Pittman - Legal Environment of Business 6

Trial Courts p p p To begin a lawsuit, a trial court must have subject matter jurisdiction, that is, jurisdiction based on the type of case and the amount in dispute The trial court usually must also have in personam jurisdiction—jurisdiction over the defendant Some cases require in rem jurisdiction over properties located within the court’s territory, instead of in personam jurisdiction Jeffrey Pittman - Legal Environment of Business 7

Trial Courts p p p Issues of venue are also important in a court’s decision to hear a case Venue pertains to the particular geographic area where a lawsuit should be filed Venue is often based on issues of convenience and pretrial publicity Jeffrey Pittman - Legal Environment of Business 8

Jurisdiction Over The Person (In Personam Jurisdiction) A court acquires personal jurisdiction over a defendant through the following methods: p p Waiver or consent by defendant regarding the jurisdiction question Legal papers served on a defendant while the defendant is present in the forum state Jeffrey Pittman - Legal Environment of Business 9

Jurisdiction Over The Person (In Personam Jurisdiction) p p p Legal service to a defendant located anywhere, where the defendant is a resident of the forum state Incorporation in the forum state Use of a long-arm statute Jeffrey Pittman - Legal Environment of Business 10

Long-arm Statutes p Long-arm statutes bring an out-of-state defendant into a state where n n p The defendant has sufficient minimum contacts with the forum state, and Jurisdiction will not offend traditional notions of fair play and substantial justice The above limitations are to protect defendants as required by the due process clause of the Fourteenth Amendment Jeffrey Pittman - Legal Environment of Business 11

Mastondrea v. Occidental Hotels Management S. A. p p Mastondrea v. Occidental Hotels presents issues of personal jurisdiction and minimum contacts The court held that sufficient minimum contacts were present Jeffrey Pittman - Legal Environment of Business 12

Minimum Contacts through the Internet p p Regarding a Website being in a state, was there substantial, systemic and continuous activity in the forum state? This usually requires an active Website versus a passive Web presence Jeffrey Pittman - Legal Environment of Business 13

Subject Matter Jurisdiction State Trial Courts p Empowered to hear all disputes except exclusive federal questions (see page 34) Federal Trial Courts (District Courts) p Empowered to hear only: n n Federal question lawsuits, or Diversity of citizenship lawsuits Jeffrey Pittman - Legal Environment of Business 14

Section 3 -The State and Federal Court Systems

Arkansas Court System p p View the Arkansas court structure via the link on the chapter handouts portion of my website The Arkansas system is similar to a typical state system Jeffrey Pittman - Legal Environment of Business 16

Small Claims Court p p p Each District Court in Arkansas has a small claims court division In small claims court, you can sue for damages to personal property, for money owed, or for delivery of personal property that is worth $5, 000 or less If you sue for money damages, the maximum amount you may claim is $5000 Jeffrey Pittman - Legal Environment of Business 17

Small Claims Court p p No attorney or persons other than the plaintiff and the defendant are allowed to take part in the preparation or presentation of a case in small claims court For more information, visit the Arkansas Judiciary Website, http: //courts. state. ar. us/ Jeffrey Pittman - Legal Environment of Business 18

The Appellate Process p p Appellate courts do not “try” cases but generally review only law and procedure - not fact decisions from the trial court The losing party at trial is guaranteed one appeal; after the first appeal, further review is a matter of court discretion In a criminal case only the defendant may appeal Regarding appeals, see the writ of certiorari Jeffrey Pittman - Legal Environment of Business 19

US Supreme Court p p The Supreme Court, created by Article III of the US Constitution, is the highest court in the US The Supreme Court is composed of nine justices who are nominated by the President and confirmed by the Senate Jeffrey Pittman - Legal Environment of Business 20

US Supreme Court p p All federal justices, including those on the Supreme Court, serve for life, absent impeachment The age breakdown for the Supreme Court follows: n n n Four justices in their 70 s (Ginsburg, b. 1933; Scalia, b. 1936; Kennedy, b. 1936; Breyer, b. 1938) Two justices in their 60 s (Thomas, b. 1948; Alito, b. 1950; ) Three justices in their 50 s (Sotomayor, b. 1954; Roberts, b. 1955; Elena Kagan, b. 1960) Jeffrey Pittman - Legal Environment of Business 21

Section 4 – Judicial Procedures: Following a Case through the Court

Judicial Procedures p Be familiar with the textbook materials in this section, especially Exhibit 2 -3 and the related text material, and Concept Summary 2. 3 Jeffrey Pittman - Legal Environment of Business 23