CHAPTER 4 THE AMERICAN LEGAL SYSTEM AND COURT JURISDICTION

1. CHAPTER 4 THE AMERICAN LEGAL SYSTEM AND COURT JURISDICTION DAVIDSON, KNOWLES & FORSYTHEBusiness Law: Cases and Principles in the Legal Environment (8th Ed.)

2. AMERICAN LEGAL SYSTEM: COURT JURISDICTION • The Federal Constitution. • The Courts and Jurisdiction. • How to Find the Law.

3. THE FEDERAL CONSTITUTION • The U.S. Constitution is the oldest written national constitution and it was the first to include a government based on the separation of powers. • Allocation of Power: • Legislative Power. • Executive Power. • Administrative Agencies, an additional Executive Power. • Judicial Power.

4. THE FEDERAL CONSTITUTION • Judicial Power: • Federal Courts are generally limited to cases and controversies. • Role of Judges: • Personalities of individual judges and justices affect their rulings.

5. THE FEDERAL CONSTITUTION • Original Constitution: • Habeas Corpus; • Writ; • Ex Post Facto Laws. • Amendments to the Constitution.

6. THE COURTS and JURISDICTION • Subject Matter Jurisdiction: power of a court to hear certain kinds of legal questions. • Jurisdiction over the Persons or Property: court must have authority. • Concurrent versus Exclusive Jurisdiction. • Venue.

7. SUBJECT MATTER JURISDICTION • Deals with the nature and subject matter before the court. • Examples of Subject Matter Jurisdiction: • Juvenile Courts; • Bankruptcy Courts.

8. JURISDICTION OVER PERSONS OR PROPERTY • In personam jurisdiction. • Court has authority to decide rights of specific person or corporation within the control of the court. • In rem jurisdiction. • Occurs when property that is subject to suit is located in state where court is located.

9. JURISDICTION OVER PERSONS OR PROPERTY • Quasi in rem jurisdiction. • Allows court to decide the rights of certain persons to specific property. • Service of Process. • Inform the defendant of the lawsuit.

10. CONCURRENT vs. EXCLUSIVE JURISDICTION • If more than one court has jurisdiction, the courts have concurrent jurisdiction. • Exclusive Jurisdiction occurs when only one court has jurisdiction over a case.

11. VENUE • Refers to the geographical area or district where a lawsuit may be filed.

12. CHOICE OF LAWS • The selection of which jurisdiction’s laws should govern the subject before the court. • If parties from more than one state are involved in a lawsuit, choice of law rules determine which state’s substantive law used to resolve dispute. • Procedural law dictates the process employed when resolving the dispute.

13. FEDERAL COURTS • Federal Courts may hear cases involving: • Federal question or disputes involving federal law. • Diversity of citizenship should parties to the dispute reside in different states and the lawsuit involves more than $75,000. • Complete diversity requires that no plaintiff be a citizen of the same state as any of the defendants and prohibits an alien plaintiff and an alien defendant in the same suit.

14. SPECIALIZED COURTS • Some federal courts hear only certain types of cases. • There are 13 federal circuit courts, each with its own Circuit Court of Appeals. • Appeals from US. District Courts heard by Circuit Court of Appeals • Appeals from circuit courts heard before the US. Supreme Court.

15. STATE COURTS • All State Courts have inferior trial courts. • Trial Courts may have either general or limited jurisdiction. • Appellate Courts may review decisions of the lower courts to determine if errors have occurred relative to substantive or procedural law.

16. HOW TO FIND THE LAW • Federal Court Cases. • State Court Cases. • Computerized Legal Research. Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 87 L.Ed. 2d 444, 105 S.Ct. 3346 (1985).