Transcript Chapter 1
Chapter 2
Court Systems & Court
Procedure
The court system in the United States is based
on the “adversarial system”
Disputing parties present their case to a neutral
third party
The judge or jury then determines the truth and
resolves the dispute
Before a court may hear a dispute, it must have
the power and authority to decide the case and
award the decision to the winning party or
JURISDICTION
California has both federal and state courts
operating within its boundaries
The judiciary is the third branch of both our
state and federal governments
I. Types of Courts
Trial Courts
Appellate Courts
Supreme Court
A. Trial Courts
Federal and State
In a trial court, the facts of the case are determined, the
appropriate legal rules are applied to resolve the dispute
Bench Trial
Judgment
Limited Jurisdiction
General Jurisdiction
STANDING means the parties have legally protectable
rights in the dispute and a direct stake in the outcome of
the case
B. Appellate Courts
Federal and State
If a party is not satisfied with the trial court’s
decision, the party may appeal to the
intermediate appellate courts alleging an error
of law was made
The appellate court’s primary function is to
review the trial court’s decision for errors in
law, not issues involving determination of facts
B. Appellate Courts (cont.)
APPELLANT is the party making the appeal, the
APPELLEE is the party opposing the appeal
No new evidence is permitted in the appellate courts,
only what was allowed in the trial court
Appellate courts in California are restricted by 3
general standards of appellate review:
Substantial evidence
Abuse of discretion
Independent appellate review
C. Supreme Court
Federal and State
If a party is not satisfied with the ruling in the
intermediate appellate court, he may file a petition for
review in the highest appellate court, the Supreme Court
The purpose of the Supreme Court is to decide
important legal questions and maintain uniformity of
decisions among the lower courts
There is no constitutional or legislative right to a review
by the highest appellate court, the Supreme court
II. Court System –
Federal Courts
Federal Courts
U.S. District Courts
Specialized Federal Courts
Appellate Courts
Jurisdiction of the Federal Courts
A. Federal Courts
Article III, Section 1 of the U.S. Constitution provides:
The judicial power of the United States shall be vested in
one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish
Types of cases:
Constitutional issues
Federal laws
Treaty provisions
Disputes where U.S. is a party
Disputes among individual states
Citizens of different states disputing more than $75,000 in damages
B. U.S. District Courts
4 in California, 94 total
Northern District:
Eastern District:
Central District:
Southern District:
General trial courts
San Francisco, CA
Sacramento, CA
Los Angeles, CA
San Diego, CA
C. Specialized Federal Courts
Established by Congress and have limited
jurisdiction
Include:
Tax Court
Bankruptcy Courts
Court of International Trade
Court of Federal Claims
Court of Veteran’s Appeals
D. Appellate Courts
13 total national circuits, California in the 9th circuit
Courts of Appeals
Deals with mistakes of law
United States Supreme Court
Has both original and appellate jurisdiction
Primarily serves as the last and final court
An appellant must petition the court for a WRIT OF
CERTIORARI
1 Chief Justice and 8 Associate Justices
E. Jurisdiction of the
Federal Courts
U.S. District Courts must have subject matter jurisdiction over
a case
Under Article III, Section 2 Federal Courts have limited
jurisdiction to hear cases involving:
Federal Questions
Diversity of Citizenship
EXCLUSIVE JURISDICTION
Admiralty
Antitrust
Bankruptcy
Copyright/Trademarks
Federal crimes
Patents
Suits against the U.S.
III. Court System –
California State Courts
Trial Courts
Appellate Courts
Types of Jurisdiction
Venue
Choice of Law and Choice of Forum
A. Trial Courts
In California, the trial court is referred to as the
“superior court.”
SUPERIOR COURT
58 county superior courts in California
2 Different Court Sections
General Jurisdiction
Limited Jurisdiction
General Jurisdiction Division
Handles lawsuits involving:
Felonies
Civil cases over $25,000
Probate
Mental capacity
Family law
Juvenile matters
Guardianships of minors
Equitable remedies such as injunctions
Appeals from the limited jurisdiction courts
Limited Jurisdiction Division
Handles lawsuits involving:
Misdemeanors
Civil cases under $25,000
Preliminary hearings in felony cases
Traffic and vehicle matters
Small claims cases
2. Small Claims Court
Designed as a fast, inexpensive, and fair method of resolving small
disputes
Claims are for $5,000 or less for corporations
Claims up to $7,500 for a natural person
Jurisdictional maximum judgment amount of $2,500 up to twice a year
The court may grant equitable relief in lieu of money damages in the
form of:
Rescission
Restitution
Reformation
Specific performance
a. Small Claims Court Procedure
Plaintiff should have evidence of sending a demand letter for the requested
remedy to the defendant
Plaintiff files a claim, under oath with the clerk of small claims court
The claim and order stating when the hearing will be held must be served
upon the defendant
Proof of service on the defendant must be filed with the court at least 5 days
before hearing
Defendant may counter sue
Actual hearing is informal
Each party has the right to present evidence by witnesses
No party may be represented by an attorney
The court’s decision is final to the plaintiff, the defendant may appeal.
Any appeal to the Superior Court is a new hearing
B. Appellate Courts
1.
Superior Court General Jurisdiction Appellate Division
2.
Intermediate Appellate Court
3.
Handles appeals from small claims court and legal proceedings of the
courts in the limited jurisdiction division
Generally handles appeals from the Superior Court
Decisions are published in a set of books called CALIFORNIA
APPELLATE REPORTS
All lower, or inferior, courts are bound by higher court decisions
Supreme Court of California
The state’s highest court and last resort for questions of state law
Decisions are published in the CALIFORNIA OFFICIAL REPORTS
C. Types of Jurisdiction
1.
SUBJECT MATTER JURISDICTION – jurisdiction is referred to
as power to hear a case
2.
IN PERSONAM JURISDICTION – is obtained by serving a
summons and complaint upon the defendant
3.
LONG-ARM STATUTES – permits the plaintiff to bring and outof-state defendant back to the state
4.
IN REM JURISDICTION – the property itself must be within the
court’s jurisdiction, not necessarily the owner
5.
QUASI IN REM JURISDICTION – is a means to settle a
personal claim against a property by seizing the property
D. Venue
VENUE – is a neighborhood; the neighborhood,
place, or a county in which an injury is declared to
have been done, or fact declared to have happened
PROPER VENUE - means that the lawsuit will be
heard by the court with jurisdiction in the geographic
location closest to where the injury or event
occurred
E. Choice of Law and
Choice of Forum
CHOICE OF LAW – parties to a contract specify in
the contract that the law of a particular state or
nation is the law that will apply in the event of a
dispute regarding the contract
CHOICE OF FORUM – the contract may also
provide that in the event of litigation concerning the
contract, such litigation must be filed in a particular
court
IV. Court Procedures
Pretrial Stage
Pretrial Motions
Discovery
A. Pretrial Stage
1.
PLEADINGS (Complaint and Answer)
a.
THE COMPLAINT – is filed by the plaintiff who believes he
has a legal cause of action against another person
(defendant) and with it’s filing, a lawsuit is started
b.
SERVICE OF PROCESS – complaint and summons
c.
THE ANSWER (to the complaint) – contains denials or
affirmative defenses to the causes of action alleged in the
complaint
d.
FAILURE TO ANSWER (default) – if the defendant fails to
answer the complaint, the plaintiff may ask that a default
judgment be entered against the defendant
A. Pretrial Stage (cont.)
2.
CROSS-COMPLAINT
the defendant may cross-complain against the plaintiff to
seek affirmative relief against the plaintiff for damages
suffered by the defendant
the cross-complaint operates much like the original
complaint and forces the plaintiff to file an answer
B. Pretrial Motions
1.
DEMURRER – the defendant may file a demurrer to
the plaintiff’s complaint instead of filing an answer
2.
The defendant is then objecting to the complaint because
there are legal problems with the complaint that appear on the
fact of the pleading
OTHER PRETIAL MOTIONS:
Motion to quash service of summons
Motion challenging the venue
Motion to dismiss for inconvenient forum
Motion to strike
Motion for judgment on the pleadings
Motion for summary judgment
C. Discovery
After the pleadings have been completed, the
parties start the discovery process
The 6 basic methods of discovery are:
Interrogatories
Depositions
Inspection of documents, tangible things, and places
Physical and mental examinations
Requests for admissions
Exchanges of expert trial witness information
V. Trial
Jury or Non-Jury Trial
Order of Trial
Trial Motions
Post-Trial Motions
Appeals
Enforcing the Judgment
A. Jury or Non-Jury Trial
Not all trials need to be in front of a jury, if the parties agree,
a court trial may be held without a jury
Juror requirements in California:
18 years or older
Be domiciled in California
Resident of jurisdiction where court is located
No felony convictions where civil rights were not restored
Not serving on a grand jury or other trial jury
Not be subject to a conservatorship
Have sufficient knowledge of the English language
VOIR DIRE – is a process where the court and attorneys ask
questions of a potential juror to determine whether the person
can be a fair and impartial juror
B. Order of Trial
1.
2.
Opening Statements
Presentation of Plaintiff’s and Defendant’s
Cases
3.
Rebuttal Evidence
4.
Closing Arguments
5.
Jury Instructions
6.
Case Goes to the Jury
7.
Verdict
C. Trial Motions
(Made During Trial)
1.
Motion for a Nonsuit – attacks the sufficiency
of the plaintiff’s evidence and argues that no
evidence was presented to support the
pleadings
2.
Motion for a Directed Verdict – is granted
when no evidence was offered during the trial to
support the claims or defenses made by the
party opposing the motion
D. Post-Trial Motions
1.
Motion for a New Trial – should only be granted
when the error complained of is prejudicial and
results in a miscarriage of justice
2.
Motion for a Judgment Notwithstanding the
Verdict – should be granted only if a motion for
a directed verdict should have been granted has
the motion been previously made
E. Appeals
The purpose of an appeal is to review trial
court error
The process begins by filing a NOTICE OF
APPEAL with the clerk of the court from which
the appeal is being made
Process:
Trial court’s record get transferred to appellate court
Attorney’s will present BRIEFS
Appellate court will review the case and either AFFIRM,
REVERSE, or REMAND the lower court’s ruling
F. Enforcing the Judgment
A judgment is NOT self-enforcing
Judgments are good for 10years
Judgments can earn interest at 10% a year until paid
Reasonable court costs are added to the judgment
Primary mechanism for collecting a monetary judgment is a
WRIT OF EXECUTION, or order, issued by the court clerk
directing the levying officer to seize and sell certain property of
the losing party
No physical force or harassment of the losing party is allowed in
order to get payment
Chapter Summary
Types of Courts
Trial Courts
Appellate Courts
Supreme Court
Federal Courts
U.S. District Courts
Specialized Federal Courts
Appellate Courts
Jurisdiction of the Federal Courts
Types of Jurisdiction
Venue
Choice of Law & Choice of Forum
Trial Courts
Appellate Courts
Court Procedures
Court System – Federal Courts
Court System –
California State Courts
Pretrial Stage
Pretrial Motions
Discovery
Trial
Jury or Non-Jury Trial
Order of Trial
Trial Motions
Post-Trial Motions
Appeals
Enforcing the Judgment