Litigation & Procedure Introduction To Litigation

1. Litigation & Procedure Introduction To Litigation

2. The Court System

3. Key Terms • Jurisdiction – The power or authority of a court to hear and decide the questions of law or fact (or both) presented by a lawsuit. • Subject Matter Jurisdiction is the authority to hear cases based on the nature or subject matter of those cases (e.g., diversity of citizenship cases exceeding the amount of $75,000) • Personal Jurisdiction is jurisdiction over the person; authority to impose a binding judgment on a party; achieved with service of process.

4. Key Terms(cont’d) • Venue – “Neighborhood”; the geographical area in which a court with jurisdiction can hear a case; distinct from jurisdiction.

5. Federal Courts • Federal Question Cases • A claim based on the United States Constitution, a federal statute, or a federal treaty • Diversity Cases • When the plaintiff and defendant are citizens of two different states, AND • the amount in dispute is greater than $75,000 Two kinds of civil lawsuits permitted in Federal Courts -

6. Federal Court System • Trial Courts • United States District Courts are the primary trial courts in the federal system. • The nation is divided into about 94 districts (based on population), each with its own District Court. • There are also specialized trial courts, such as Bankruptcy Court and Tax Court. • Appellate Courts • United States Courts of Appeals are the intermediate courts of appeals. The nation is divided into circuits. • The highest appeals court is the United States Supreme Court.

7. Lower Appeals Courts U.S. Court Of Appeals (12 Circuits) U.S. Court of Appeals for the Federal Circuit U.S. District Courts (94 Districts) U.S. Bankruptcy Courts U.S. Tax Courts U.S. Court of International Trade U.S. Court of Claims U.S. Patent & Trademark Office Primary Trial Court Trial Courts of Limited (Specific) Jurisdiction Trial Courts of Limited (Specific) Jurisdiction Various Federal Agencies The Federal Court System United States Supreme Court (Highest Appeals Court) Nine Justices; appointed for life; may refuse to hear a case; final authority Three judges hear each case, brought up from the District Courts. Hears appeals from specialized trial courts.

8. DC Fed Geographic Boundariesof United States Courts of Appeals and United States District Courts

9. Federal Forums of Limited(Specific) Jurisdiction • Bankruptcy Court, Tax Court, Court of International Trade, Patent and Trademark Court -These trial courts in the federal system hear cases appropriate to their names (tax cases in the Tax Court, etc.) Appeals from the Bankruptcy and Tax Courts are heard by the Court of Appeals in the appropriate circuit. Appeals from the Court of International Trade and the Patent & Trademark Court are heard by the Court of Appeals in the Federal Circuit. • U.S. Court of Claims -Hears cases brought against the United States, typically on contract disputes. • Various Federal Agencies - Though not actually a part of the Judicial Branch of the Federal government, many Federal agencies have the power to create and enforce appropriate regulations.

10. State Court System • Trial Courts • Almost all cases begin in trial courts, with a judge and usually a jury. • Trial courts determine the facts of a particular dispute and apply the law to those facts. • Courts can only hear cases under their jurisdiction. • Appellate Courts • Appeal courts generally accept the facts given to them by trial courts and just review the trial record to see if the court made any errors of law. • The highest appeals court in a state is the state Supreme Court.

11. Massachusetts Court System • Trial Courts • District Courts and the Boston Municipal Courts are the primary trial courts that handle civil cases <$25,000 and criminal cases where the penalty is <5 years. • Superior Courts are the primary trial courts that handle civil cases >$25,000 and criminal cases where the penalty is >5 years. There are 14 Superior Courts whose jurisdictions are divided by county. • There are also specialized trial courts, such as Small Claims Courts and Traffic Courts. • Appellate Courts • The Massachusetts Appeals Court is the intermediate courts of appeals. • The highest appeals court is the Massachusetts Supreme Judicial Court.

12. Supreme Judicial Court (Highest Appeals Court) Five Justices sit en banc; may refuse to hear a case; final authority Massachusetts Appeals Court (Lower Appeals Court) Three Justices sit en banc; never a jury Superior Courts District Courts Boston Municipal Court Juvenile Courts Land Courts Probate & Family Courts Housing Courts Small Claims Courts Traffic Courts The Massachusetts Court System Trial Courts of General Jurisdiction One judge; may have jury Trial Courts of Limited (Specific) Jurisdiction

13. Massachusetts Courts of Limited (Specific) Jurisdiction • Small Claims Courts – Hear only civil suits under $2,000 • Traffic Courts – Hear only traffic cases • Juvenile Courts – Hear only cases involving minors • Land Courts – Hear land and real property disputes • Probate Courts – Settle estates of deceased persons • Family Courts – Handle marital and child custody issues • Housing Courts – Handle landlord/tenant disputes

14. Litigation Roadmap

15. Accident, Breach of Contract, or Other Event Hiring of Attorney or Firm, Signing the Retainer Initial Client Interview Informal Investigation Draft and File Complaint Serve on Opponent Opponent Attacks Complaint, Request for Dismissal Opponent Drafts Answer Formal Investigation (Discovery) Request to End Case on Available Information (Motion for Summary Judgment) Further Discovery and Preparation for Trial Attempts to Settle Case (Including ADR) May End Case Pretrial Hearing Trial Requests for New Trial and Other Post-Trial Matters Appeal Steps to Enforce and Collect Judgment

16. Documents and Filings

19. End ofIntroduction to Litigation