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Similar to Chapter 4 four the court system civ lit 2nd
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Chapter 4 four the court system civ lit 2nd
- 2. 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
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- 3. 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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- 4. 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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- 5. 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
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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- 6. 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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- 7. 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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- 8. 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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- 9. 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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- 10. 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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- 11. 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
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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- 12. 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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- 13. 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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- 14. 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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- 15. 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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- 16. 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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- 17. 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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- 18. 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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- 19. 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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- 20. Venue
Where a case will be heard
May be multiple proper venues, all of
which could hear a case
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- 21. 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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- 22. 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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- 23. 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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- 24. 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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Goldman/Hughes 24
- 25. 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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Goldman/Hughes 25
- 26. 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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- 27. Federal Court System
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- 28. Highest Appellate Court
U.S. Supreme Court, and varies in state
systems
The court of last resort
Civil Litigation: Process and Procedures © 2009 Pearson Education, Upper Saddle River, NJ 07458.
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- 29. 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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Goldman/Hughes 29