Chapter 4 four the court system civ lit 2nd

Civil Litigation:
Process and Procedures

Chapter Four
The Court System

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

Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Goldman/Hughes 2

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
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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

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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
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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.

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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.

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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

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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.

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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

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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

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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
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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)

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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

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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
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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)

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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

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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

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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)

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Venue
 Where a case will be heard
 May be multiple proper venues, all of
which could hear a case

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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

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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.

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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)

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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

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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
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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
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Federal Court System

Goldman/Hughes 27

Highest Appellate Court
 U.S. Supreme Court, and varies in state
systems
 The court of last resort

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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

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Chapter 4 four the court system civ lit 2nd

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