chapter 4 four the court system civ lit 2nd

Civil Litigation:Process and Procedures

Chapter Four

The Court System

2Civil Litigation: Process and ProceduresGoldman/Hughes

© 2009 Pearson Education, Upper Saddle River, NJ 07458.

All Rights Reserved.

Introduction to the Court System

Federal courts

Given jurisdiction by the U.S. Constitution

Handle cases involving federal questions & diversity of citizenship

State courts

Involves most private suits & state laws




Sources of Law Constitutions

Document that establishes the conception, character & organizations of a government

Statutes

Laws passed by the legislative body

Administrative rules & regs.

Laws promulgated by administrative agencies (executive branch)

Case Law

Judicial opinions from past cases




United States Constitution

Divides governmental power into Federal

Executive (President)

Legislative (Congress)

Judicial (Federal Courts, headed by the Supreme Court)

All the power not specifically designated to the federal government is reserved for the states

Certain basic rights are guaranteed to individuals




Statutes

Laws enacted by the legislative branch

Designed to

Regulate the conduct of citizens

Regulate the operation of businesses or professions

Interpretation of statutes by court decisions




Administrative Law

Consists of rules, regulations & adjudications

Agencies (usually the administrative branch of the government) promulgate rules & regulations to carry out the statutes passed by the legislature.

Hearings concerning individual parties’ rights result in administrative decisions.




Case Law

Written decisions from a court, usually on appeal.

Previous case opinions serve as precedent to help resolve current cases.

Case law can be challenged by a unique situation, or substantial change in society’s norms.




Stare decisis

Principle that gives great deference to earlier decisions

Earlier precedent serves as guide to interpret current issues

Precedents are a signal for the future as to how cases should be decided




Cause of Action

Civil actions Torts (compensable harm, not contractual)

Contracts (breach of a contractual obligation)

The plaintiff must prove all the required elements by a preponderance of the evidence.




Torts

The plaintiff must prove these elements to win a negligent tort case:

Duty of care

Breach of that duty

Causation

Injury resulting in damages




Breach of Contract

Governed by common law, statutory law, and local case law.

The plaintiff must prove these elements:

A contract existed

Offer, acceptance, a meeting of the minds, consideration, lawful purpose, competent parties

One of the parties failed to meet contractual obligations

The suing party suffered damages




Monetary Remedies

Compensatory damages

Calculated to replace actual losses

May be special damages (can be calculated with some specificity)

May be general damages (more speculative, such as pain & suffering)

Punitive damages punish the defendant and serve as a deterrent

Statutory damages are set by the legislature




Equitable Remedies

Monetary damages cannot “right the wrong” (e.g., unique, irreproducible property makes purchasing a replacement impossible)

Specific performance (the court orders someone to do something)

Injunction (the court orders someone to refrain from doing something)




Court Authority

Courts cannot accept a law suit unless basic requirements of authority are met

Standing (the party’s stake or interest in the suit)

Case or controversy (not advisory: a real dispute)

Jurisdiction




Jurisdiction

Subject matter jurisdiction Limited

Limited by amount of damages (maximum or minimum)

Limited by type of case (e.g., juvenile, bankruptcy)

General All types of cases

May be divided into divisions, such as civil or criminal




Jurisdiction Over the Person

In personam means the court has exerted control over an entity, giving it the authority to enforce the law against that individual or business

In rem means the court has control over property that is the subject of a controversy (geographic location)




Personal jurisdiction and “minimal contact”

Fundamental fairness requires a person has had some “minimal contact” in a court’s geographical boundary in order to exert personal jurisdiction over someone

The internet is stretching the boundaries of personal jurisdiction




Obtaining Personal Jurisdiction

Consent

Most businesses must consent to the court’s control in order to do business in a jurisdiction

The plaintiff consents by filing the complaint

Use of a state’s resources or facilities can result in consent via a long-arm statute




Personal Jurisdiction, cont.

Obtain jurisdiction by serving pleadings on a defendant found within the geographical boundaries of the jurisdiction

Businesses with minimum contacts within a state (conducting business with its citizens, for instance)




Venue

Where a case will be heard

May be multiple proper venues, all of which could hear a case




Venue

Which of several courts of proper jurisdiction should hear the case?

Federal or state

Geographical convenience

Speed it takes to get to trial in a specific court

Damage award history & jury pool

Reputation of the judges, and the attorney’s relationship to the court

Local pre-trial publicity




Removal

With concurrent jurisdiction (more than one appropriate court), a state trial can be removed to federal court

If the federal matter is resolved, there will be no residual jurisdiction over the state matter.




Trial Courts

Have the ability to hear evidence & serve as finders of fact

If they are courts of record, their judgment is appealable

Can be limited (specific subject matter, such as a federal question) or general (all civil & criminal actions)




Federal Court …or not?

Federal courts cannot hear all disputes

Some cases may be heard only in federal court

Some cases may be heard only in state court

Some cases could be brought in either




Federal Jurisdiction

Federal question

Arises under the U.S. Constitution, federal law (statutes, administrative regulations & rules of court), or international treaties

Diversity jurisdiction

Private dispute between citizens of different states

The amount in controversy must exceed $75,000




Intermediate Appellate Courts

Reconsiders lower court decisions

Reviews the trial record for procedures followed, decisions made on objections

Determines if the lower court judge made an error in procedure or in applying substantive law

Can affirm (uphold), reverse and/or remand the decision back to trial court for a proper remedy




Federal Court System




Highest Appellate Court

U.S. Supreme Court, and varies in state systems

The court of last resort




Certiorari

Can review (grant certiorari) to a small number of intermediate appellate court decisions

Determine whether laws are constitutional

Ensure individual constitutional rights have been preserved

chapter 4 four the court system civ lit 2nd

Documents

pearson education

upper saddle river

individualscivil litigation

damagescivil litigation

decidedcivil litigation

procedures chapter

administrative branch

past casescivil litigation