3 question (Court and Legal Process) Incorporate questions with the answers.

Chapter 3 Courts and the Legal Process

In the United States, law and government are interdependent. The Constitution establishes the basic framework of government and imposes certain limitations on the powers of government. Today, much of the law comes from Congress and the state legislatures.

I. The Relationship Between State and Federal Court Systems in the United States

State and local courts must honor both federal law and the laws of the other states. As state courts are concerned with federal law, so federal courts are often concerned with state law and with what happens in state courts.

Judges in the federal courts are appointed for life by the president, subject to Senate confirmation.

State Court Systems

The vast majority of civil lawsuits in the United States are filed in state courts.

Limited Jurisdiction Courts

In most large urban states and many smaller states, there are four and sometimes five levels of courts. The lowest level is that of the limited jurisdiction courts. The advantage of the small claims court is that its procedures are informal, it is often located in a neighborhood outside the business district, it is usually open after business hours, and it is speedy.

General Jurisdiction Courts

All other civil and criminal cases are heard in the general trial courts, or courts of general jurisdiction. Although courts of general jurisdiction can hear all types of cases, in most states more than half involve family matters (divorce, child custody disputes, and the like).

Appellate Courts

A state’s highest court — generally called the supreme court of the state-which is composed of a single panel of between five and nine judges and is usually located in the state capital. They do not retry the evidence, but rather determine whether the trial was conducted in a procedurally correct manner and whether the appropriate law was applied.

The Federal Court System

District Courts- The federal judicial system is uniform throughout the United States and consists of three levels. There are forty-four district judges and fifteen magistrates in this district. The district judges throughout the United States commonly preside over all federal trials, both criminal and civil.
Courts of Appeal- Cases from the district courts can then be appealed to the circuit courts of appeal, of which there are thirteen. Each circuit oversees the work of the district courts in several states.
United States Supreme Court - Overseeing all federal courts is the US Supreme Court, in Washington, DC. It consists of nine justices—the chief justice and eight associate justices. Federal judges—including Supreme Court justices—are nominated by the president and must be confirmed by the Senate. Unlike state judges, who are usually elected and preside for a fixed term of years, federal judges sit for life unless they voluntarily retire or are impeached.

A. The Problem of Jurisdiction

Jurisdiction is a combination of two Latin words: juris (law) and diction(to speak). Which court has the power “to speak the law” is the basic question of jurisdiction.

The Federal-State Balance: Federalism

Federalism was the system devised by the nation’s founders in which power is shared between states and the federal government. This sharing requires a division of labor between the states and the federal government.

Exclusive Jurisdiction in Federal Courts

Federal courts have exclusive jurisdiction over certain kinds of cases. By excluding diversity cases, we can assemble a list of the kinds of cases that can only be heard in federal courts. The list looks like this: ( to name a few) See Chapter readings for more:

Suits between states. Cases in which two or more states are a party.
Cases involving ambassadors and other high-ranking public figures. Cases arising between foreign ambassadors and other high-ranking public officials.
Patent, copyright, and trademark cases

Concurrent Jurisdiction

The Supreme Court has now made clear that state courts have concurrent jurisdiction of any federal cause of action unless Congress has given exclusive jurisdiction to federal courts.

Summary of Rules on Subject Matter Jurisdiction

Some cases can only be brought in federal court, such as bankruptcy cases, cases involving federal crimes, patent cases, and Internal Revenue Service tax court claims. See Chapter readings on all rules.

Legal Procedure, Including Due Process and Personal Jurisdiction

Here you consider how lawsuits are begun and how the court knows that it has both subject matter jurisdiction and personal jurisdiction over at least one of the named defendants

How a Case Proceeds

Complaint and Summons - Complaint—a document clearly explaining the grounds for suit—with the clerk of the court. Summons - is a court document stating the name of the plaintiff and his attorney and directing the defendant to respond to the complaint within a fixed time period.
Jurisdiction and Venue - The place of filing is equally important, and there are two issues regarding location. The first is subject matter jurisdiction. The second consideration is venue.
Service of Process and Personal Jurisdiction - The defendant must be “served”—that is, must receive notice that he has been sued. Service can be done by physically presenting the defendant with a copy of the summons and complaint.
Summary of Rules on Personal Jurisdiction - See rules in Chapter readings.

Choice of Law and Choice of Forum Clauses

The Supreme Court has made clear that it will honor contractual choices of parties in a lawsuit.

II. Motions and Discovery

The early phases of a civil action are characterized by many different kinds of motions and a complex process of mutual fact-finding between the parties that is known as discovery. Motions in the early stages of a lawsuit usually aim to dismiss the lawsuit, to have it moved to another venue, or to compel the other party to act in certain ways during the discovery process.

A. Initial Pleadings, and Motions to Dismiss

Pleadings

Are the first papers filed in a lawsuit. Cases can be decided on the pleadings alone in the following situations: (1) If the defendant fails to answer the complaint, the court can enter a default judgment, awarding the plaintiff what he seeks. (2) The defendant can move to dismiss the complaint on the grounds that the plaintiff failed to “state a claim on which relief can be granted,” or on the basis that there is no subject matter jurisdiction for the court chosen by the plaintiff, or on the basis that there is no personal jurisdiction over the defendant.

Discovery

Discovery can proceed by several methods. (1) Party-may serve an interrogatory on his adversary—a written request for answers to specific questions. Or a party may depose the other party or a witness. (2) Deposition is a live question-and-answer session at which the witness answers questions put to him by one of the parties’ lawyers.

B. The Pretrial and Trial Phase

After considerable discovery, one of the parties may believe that there is no triable issue of law or fact for the court to consider and may file a motion with the court for summary judgment.

Pretrial Conference

Once discovery is complete, the case moves on to trial if it has not been settled. Most cases are settled before this stage; perhaps 85 percent of all civil cases end before trial, and more than 90 percent of criminal prosecutions end with a guilty plea.

Trial

At trial, the first order of business is to select a jury. The judge and sometimes the lawyers are permitted to question the jurors to be sure that they are unbiased. This questioning is known as the voir dire (pronounced vwahr-DEER). A jury panel can be as few as six persons, or as many as twelve, with alternates selected and sitting in court in case one of the jurors is unable to continue.

Posttrial Motions

The losing party is allowed to ask the judge for a new trial or for a judgment notwithstanding the verdict (often called a judgment n.o.v., from the Latinnon obstante veredicto).

III. Judgment, Appeal, and Execution

A. Judgment or Order

At the end of a trial, the judge will enter an order that makes findings of fact (often with the help of a jury) and conclusions of law. Once the trial judge denies any such request, the judgment—in the form of the court’s order—is final.

Appeal

In an appeal, the appellant aims to show that there was some prejudicial error committed by the trial judge. If the loser’s motion for a new trial or a judgment n.o.v. is denied, the losing party may appeal but must ordinarily post a bond sufficient to ensure that there are funds to pay the amount awarded to the winning party.

Judgment and Order

When a party has no more possible appeals, it usually pays up voluntarily. If the final judgment is an injunction, failure to follow its dictates can lead to a contempt citation, with a fine or jail time imposed.

IV. When Can Someone Bring a Lawsuit?

Almost anyone can bring a lawsuit, assuming they have the filing fee and the help of an attorney.

Case or Controversy: Standing to Sue

Article III of the US Constitution provides limits to federal judicial power. For some cases, the Supreme Court has decided that it has no power to adjudicate because there is no “case or controversy.

Class Actions

Most lawsuits concern a dispute between two people or between a person and a company or other organization. The class action is provided for in the Federal Rules of Civil Procedure (Rule 23) and in the separate codes of civil procedure in the states.

V. Relations with Lawyers

A. Legal Fees

Lawyers charge for their services in one of three different ways: flat rate, hourly rate, and contingent fee.

A flat - rate is used usually when the work is relatively routine and the lawyer knows in advance approximately how long it will take her to do the job.
Hourly rate - Lawyers generally charge by the hour for courtroom time and for ongoing representation in commercial matters. Virtually every sizable law firm bills its clients by hourly rates, which in large cities can range from $300 for an associate’s time to $500 and more for a senior partner’s time.
Contingent fee - is one that is paid only if the lawyer wins—that is, it is contingent or depends upon, the success of the case. This type of fee arrangement is used most often in personal injury cases (e.g., automobile accidents, products liability, and professional malpractice).

B. Costs

Each party must pay most of its own costs, including (and especially) the fees of lawyers. This type of fee structure is known as the American rule.

There are two types of exceptions to the American rule: (1) By statute, Congress and the state legislatures have provided that the winning party in particular classes of cases may recover its full legal costs from the loser—for example, the federal antitrust laws so provide and so does the federal Equal Access to Justice Act. (2) The other exception applies to litigants who either initiate lawsuits in bad faith, with no expectation of winning, or who defend them in bad faith, in order to cause the plaintiff great expense.

VI. Alternative Means of Resolving Disputes

Disputes do not have to be settled in court. No law requires parties who have a legal dispute to seek judicial resolution if they can resolve their disagreement privately or through some other public forum.

Arbitration

Arbitration is a type of adjudication. Arbitrators might be retired judges, lawyers, or anyone with the kind of specialized knowledge and training that would be useful in making a final, binding decision on the dispute. Arbitration has two advantages over litigation. (1) it is usually much quicker, because the arbitrator does not have a backlog of cases and because the procedures are simpler. (2) in complex cases, the quality of the decision may be higher, because the parties can select an arbitrator with specialized knowledge.

Mediation

Mediation gives the neutral party no power to impose a decision. The mediator will communicate the parties’ positions to each other, will facilitate the finding of common ground, and will suggest outcomes.