Two things state and federal courts have

lower courts

appellate courts

lower courts

"courts of original jurisdiction"

-where disputes are initially brought and tried

-generally known as TRIAL COURTS

-look at issues of fact

appellate courts

courts of appellate jurisdiction

-where lower court decisions are reviewed

-look at issues of law

3 federal courts

federal district court

US court of appeals

specialized federal courts

federal district court

-courts of original jurisdiction

-use juries or judge as "trier of fact"

-trial courts deal in issues of fact

US court of appeals

12 courts

-rule: there is the RIGHT to appeal to this court

-3 judge panels deal in issues of law

specialized federal courts

-limited jurisdiction

-i.e.- court of appeals for federal circuit-- takes appeals from:

-us district court in patent, trademark, and copyright cases

-us claims court

-us court of int'l trade; admin. rules of us patent & trademark offices

US supreme court

-highest in the country

-appellate review court

-9 justices hear cases

-term begins: 1st monday in October

-review cases from: us district courts, us court of appeals, highest courts of states

-review is through writ of certiorari

writ of certiorari

an order by an appellate court used when the court has discretion whether to hear an appeal from a lower court

writ accepted: higher court can hear it

writ denied: judgment of lower court is enforced

jurisprudence

jurisdiction

right of a court to hear & decide the case

many courts may have jurisdiction over a case

need jurisdiction over SUBJECT MATTER or PERSONS OR PROPERTY

if jurisdiction is LACKING, judgment is NULL AND VOID

subject matter jurisdiction

a particular court resolves a particular subject matter

if no particular subject matter, case first goes to general trial court

GENERAL RIGHT TO APPEAL TO AT LEAST ONE HIGHER COURT

courts of original jurisdiction

courts of appellate jurisdiction

probate court sees

domestic court sees

municipal court sees

small claims court sees

subject matter jurisdiction federal courts

jurisdiction is derived from the US constitution

fed courts may hear cases involving federal questions

2 types of cases federal courts hear

-cases in which the US is a party

-cases involving citizens of different states

(diversity of citizenship jurisdiction)

amount in controversy >= $75000

no $$ amount for cases involving federal law

in personam jurisdiction

(personal jurisdiction)

-over the person

-out of state defendants

personal jurisdiction over the person through:

-summons through service of process or substituted service

-residency

-doing business in the state

-submission to the jurisdiction

jurisdiction over out-of-state business defendants

long arm statutes:

-aimed at non-resident businesses

-protects states' citizens from business defendants who do business in the state then leave the state

cyberlaw (long arm of the internet)

-Amazon is subject jurisdiction to all states b/c does business there

-engaged in business there

-"only informational" contact has no jurisdiction

-**one small purchase isn't active business if buyer initiates

plantiff

defendant

jurisdiction

the power to speak of the law

a court's jurisdiction defines the limits within which it may declare, administer, or apply the law

plaintiff must select court that has both:

subject matter jurisdiction

personal jurisdiction over the person of the defendant or the property of the defendant

personal service

summons

service of process

long-arm statute

Diversity of citizenship jurisdiction

civil law

common law

do other countries have similar laws and procedures as us?

what sets up the court system?

order of 3 types of courts

certiorari

"review" in latin

denied centiorari: supreme court did not hear it; too many issues

Blimka v. My Web Wholesaler, LLC

MWW did not give all pairs of jeans to Blimka in Idaho

He sued, and had personal jurisdiction because the offense was committed against him in Idaho

He was awarded attorney fees and costs on appeal

two types of power over property jurisdiction

in rem jurisdiction

quasi in rem jurisdiction

in rem jurisdiction

-jurisdiction is where property is located

-real estate, personal property, bank accounts, stocks

-if property is removed to another state, no in rem jurisdiction

quasi in rem jurisdiction

-defendant's property is attached to pay for unrelated matter

-ownership of property within the state is basis for jurisdiction

-estate or personal, tangible or intangible

-CAN ONLY GET AMT UP TO VALUE OF PROPERTY

matters where federal courts have exclusive jurisdiction

matters where state courts have exclusive jurisdiction

supremacy of federal law

concurrent jurisdiction

sometimes both state and federal courts have concurrent jurisdiction, meaning the plaintiff can bring suit in either court system

if plaintiff files in defendant's home state, defendant cannot move it up to federal

applying appropriate law in federal court

-where actual act takes place

-because of Erie RR v. Tompkins, concept of federal common law in diversity of citizenship cases is ended

-PA law applies; Tompkins trespassed, Erie not liable

applying appropriate law in state court

-state with most significant interest in the case would be the state whose law would be applied

-states look at interests of parties, gov't, policies

state laws for contract cases

state laws for tort cases

venue

appropriate GEOGRAPHICAL location of the court that has jurisdiction

-in controversial or well-publicized cases, defendants will ask for change of venue

doctrine of forum non conveniens

-special venue doctrine

-either party may request a change of venue to a court more convenient that could hear the case

-go to where actions of case took place, where witnesses are located, unfair burdens to parties

basic trial procedures

pleading, discovery,

pretrial, trial,

appellate, enforcement

pleading stage

-formal statements made

-complaint

-response to complaint (motion to dismiss [rare] by defendant); counterclaim where defendant says plaintiff did this and this; reply by plaintiff

discovery stage

(legal tools to obtain evidence)

-purposes: preserve evidence, limit element of surprise, encourage settlement

-depositions, interrogatories, expert witnesses, documents, examinations

deposition

what you said happened that can be used in trial; can go back to deposition during trial if person claims something else in court

-expensive

interrogatories

expert witness

can be pricey

doctor, real estate expert

request for admissions

things you are willing to admit to real quick

settle facts quickly

pretrial stage

involves summary judgment that either party can request or

pretrial conference that either party can request

summary judgment

pretrial conference

usually attorneys and judges attend

-simplify issues

-plan course of trial

-judges get parties to drop certain parts of case

-helps focus on key issues

-out of court settlement encouraged

jury selection

6th and 7th amendments give right to jury in certain cases

-if no jury, judge is trier of fact

-12 jurors

pre-emptory challenges

voir dire

-used for jury selection

-excuse for personal reasons, don't stack jury, take out people that have been affected by the type of trial

trial stage

-opening statements by attorneys

-presentation of direct testimony

-closing arguments

-charges to jury

-verdict by jury

-motions for a verdict

motions for a verdict

-cases have been presented, but before going to jury, either party requests entering judgment in its favor

2 overall types of remedies in civil litigations

monetary damages

equitable remedies

monetary damages

compensation

punitive or exemplary (in addition to compensation for a malicious act)

nominal (to make up for legal wrong, not loss of money or pain)

equitable remedies

specific performance (do as asked, used for property or antiques)

injunction (temporary to make right, permanent to stop doing action; used for copyrights)

appellate stage

(appeal based on error of law)

-arguments before the court

-decisions by the court

-outcomes of decisions

appellate stage decisions by the court

-majority opinion: written by one of the justices

-concurring: written statement agreeing that plaintiff should've won and why; along the lines of majority but has different reasoning

-dissenting: unbelievable, violates rights; disagrees with decision of the majority

enforcement stage

-if no more appeals, judgment is final

-res judicata

-enforcement is through writ of execution

-court orders an official to satisfy judgment through an act

-complexity that causes parties to look for alt. dispute resolutions

res judicata

writ of execution

garnishment

arbitration

-most widely recognized form of alt. dispute resolution

-3rd party (neutral) is arbitrator

-arbitrators decision is final

-RULE: no right to go to trial

arbitration process

-party files a submission

-parties agree on arbitrator

-hearing procedure

-the award (decision)

-appealing the award (but generally final)

voluntary and compulsory arbitration

-required dispute resolution for some

COMPULSORY: LABOR & PUBLIC SECTOR

-labor contracts (unions, insurance, stockbrokers, sports)

-public sector employment (police, firefighters, public school teachers)

negotiation

-least formal form of ADR

-parties settle between themselves

-settlement is usually a contract, which is enforceable

mediation

-3rd party

-mediator makes suggestions

-suggestions NOT BINDING on the parties

-may go to trial after this ADR

-helps maintain relationship between the parties

do arbitrators and mediators have to be licensed in most states? 

summary jury trial

-jury equivalent of minitrial

-advisory jurors used; witnesses rarely used

-judgment not binding

-judge meets with parties to discuss

-nothing learned here can be used in later full court proceedings

most important article of constitution

declaring the constitution to be the supreme law of the land

constitution and supreme court decide law

commerce clause

congress has power: "regulate commerce with foreign nations and among the several states 

-deals with INTERSTATE COMMERCE

necessary and proper clause

-constitution enumerates list of congressional powers AND

-power "to make all Laws which should be necessary and proper for carrying into Execution the forgoing Powers"

-can create anything that is NECESSARY and PROPER to fulfill interstate commerce

federal supremacy

(the supremacy clause)

constitution, and laws of US shall be supreme law of the land; and judges in every state shall be bound thereby

McCulloch v. Maryland

can congress est. national bank?

-yes, it's constitutional under the Necessary and Proper clause, which expands, not restricts, congress's powers

-MD wanted to regulate nat'l bank, but couldn't under Supremacy law

Wickard v. Filburn

**almost all commerce is defined as interstate

-fed. controls on wheat

-appears intrastate, STILL all small farmers together would impact "interstate" commerce and "mkt conditions"

-congress may regulate production

Katzenbach v. McClung

Title II prohibits racial segregation in public accommodations if serving interstate travelers or if food moved in interstate commerce

-activity may "exert a substantial economic effect on interstate commerce", so can't have only white seats

when state law impedes interstate commerce:

interstate commerce takes primary authority over state laws

used to make interstate commerce most important

PUBLIC HEALTH, ENVIRONMENT, AND SCHOOL LEFT UP TO STATES

Hughes v. Oklahoma

-Hughes bought minnow and took it to TX which goes against OK minnow protection

-US supreme court overturned OK supr. ct.

-alright to protect wildlife, but could be done in less discriminatory way by the state

imitation not allowed (interstate commerce)

-states may not copy federal regulations if imitations inhibits interstate commerce

crime

-positive or negative action that violates a penal law

**not civil law**

-act against the government

-seen more and more in businesses

-computers and technology have created new versions of old criminal laws

felonies

serious class of crime

rape, murder, robbery

may be punishable by imprisonment in excess of one year or death

misdemeanor

violent crimes

murder

manslaughter

victim crimes

vehicle theft

burglaries

victimless crimes

white collar crime examples

punishment depends on ...

2 requirements for prosecution

actus reus- the guilty act

mens rea- criminal intent

people v. Salas

-depending on the crime, either guilty knowledge or criminal negligence may create criminal conduct

-FINAL DECISION: this knowledge or lack of knowledge is "peculiarly" within the defendant's personal knowledge

statute of limitations

entrapment

miranda rights

exclusionary rule

warrants

-issued by judge or magistrate

-"hot pursuit" exception

-law enforcement must show probable cause to a judge to obtain a warrant

United States v. Young, airway bill

prosecution

occurs when prosecuting attorney has enough evidence to make criminal charges

-either be misdemeanor or felony

-grand jury sometimes used; if determine probable cause, will usually issues indictment against accused

indictment

arraignment

accused is placed under arrest based on a warrant, then are arraigned (court appearance of accused)

-may plead guilty, no contest, or innocent

-may wait until later

nolo contendere

double jeopardy

if jury can't agree on verdict...

white collar crime

antitrust

federal and state statutes to protect commerce from certain restraints of trade, such as price fixing and monopolization

-prison terms may be imposed on those involved in price fixing and certain other anti competitive practices and such terms can be as long as 10 years

bankruptcy fraud

bribery

counterfeiting

copying of genuine items without authorization 

-money, designer clothing, other products

credit card fraud

computer and internet fraud

-usually 2 fraud charges

-credit card fraud

-unauthorized access to financial accounts

-unauthorized use of computers and computer files

-sabotage of computers

economic espionage

embezzlement

environmental law violations

-federal (EPA) and state laws 

-data fraud cases

-hazardous waste dumping

-ocean dumping by cruises, oil spills

-int'l smuggling of CFCs, illegal handling of hazardous substances

financial fraud

regulation of banks and financial institutions 

-firms and employees subject to criminal liability

-fraud in loans, financial documents, mortgages, etc

government fraud

governs contracts with public agencies

-billing for goods not delivered

-double billing

-inferior goods

-gov't payout programs (farm subsidies, public housing, ed. programs, disaster relief)

healthcare fraud

insider trading

insurance fraud

insurance companies commit fraud, charging higher rates than allowed by state regulators

-policy holders lie about condition of property to get lower rates

-policy holders paid their claims to get more money

mail fraud

money laundering

hiding the truth about the origins of money, especially illegal activities

-obligation to report income even from illegal income for tax purposes

-used for hiding drugs, etc

-now you have to write down where all money comes from

Interpol

-largest int'l policy org. with 184 nations

-encourages cross-border police cooperation

-combats drug trade, prostitution, funds for terrorism, intellectual property crime, credit card fraud, viruses, child porn

racketeer influenced and corrupt orgs (RICO) act

-orig. extra weapon against org. crime (Mafia)

-successful RICO claim receives triple actual damages + attorney's fees through civil claims

-now include mail and wire fraud

-now used against persons, businesses, political protest groups & terrorist orgs

securities fraud

different kinds

-insider trading gets a lot of press

-market rigging

-theft from accounts of clients of securities firms

tax evasion

-failure to file tax returns

-failure to report income

-overstatement of expenses

-not reporting illegal income

internet crimes

-crimes involving children or child porn

-restricted access to the net by those involved in child related criminal activity already present

-courts exploring constitutionality of restricting internet use by person convicted of financial crimes

telephone and telemarketing fraud

-defrauding: solicit people to buy goods, services, investments, donations to charities

-false and misleading statements, representations and promises

-similar fraud done on the internet is also subject to criminal prosecution (chat, email, message boards, websites)

white collar crime in other nations

-US tougher than other places

-bad behavior at top of US chains (CEOs)

-slap on the wrist is sometimes punishment abroad

-all countries have laws against white crime

wire fraud

any electronic communication involved in illegal activities 

-now basis for federal prosecution

-Pasquantino vs. US

Pasquantino v. US

-american bought liquor in US and smuggled to Canada for resale

-since electronic communications were used that originated in US, 2 people sent to prison

sentencing guidelines and compliance

-clear rules about sentences for criminal law violations

-use of audits

-mandates to prevent fault from happening again

-Supreme court held: guidelines are advisory, not mandatory for judges to use