Chapter 2 Court Systems & Court Procedure. The court system in the United States is based on the “adversarial system” Disputing parties present their.

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 Disputing parties present their case to a neutral third partythird party

The judge or jury then determines the truth and The judge or jury then determines the truth and resolves the disputeresolves 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 California has both federal and state courts operating within its boundariesoperating within its boundaries

The judiciary is the third branch of both our The judiciary is the third branch of both our state and federal governmentsstate and federal governments

I. Types of Courts

Trial Courts Appellate Courts Supreme CourtSupreme 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 JurisdictionGeneral 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: San Francisco, CA Eastern District: Sacramento, CA Central District: Los Angeles, CA Southern District: San Diego, CA

General trial courts

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 In California, the trial court is referred to as the

“superior court.”“superior court.”

SUPERIOR COURTSUPERIOR 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 personClaims 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 Plaintiff should have evidence of sending a demand letter for the requested

remedy to the defendantremedy 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 Courts1. Superior Court General Jurisdiction Appellate Division

Handles appeals from small claims court and legal proceedings of the courts in the limited jurisdiction division

2. Intermediate Appellate Court

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

3. 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

1.1. SUBJECT MATTER JURISDICTIONSUBJECT MATTER JURISDICTION – jurisdiction is referred to – jurisdiction is referred to as power to hear a caseas 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 out-of-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

VENUEVENUE – is a neighborhood; the neighborhood, – is a neighborhood; the neighborhood, place, or a county in which an injury is declared to place, or a county in which an injury is declared to have been done, or fact declared to have happenedhave 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 Stage1. 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

The defendant is then objecting to the complaint because there are legal problems with the complaint that appear on the fact of the pleading

2. 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, f the parties agree,

a court trial may be held without a jurya court trial may be held without a jury

Juror requirements in California:Juror requirements in California: 18 years or older18 years or older Be domiciled in CaliforniaBe domiciled in California Resident of jurisdiction where court is locatedResident of jurisdiction where court is located No felony convictions where civil rights were not restoredNo felony convictions where civil rights were not restored Not serving on a grand jury or other trial juryNot serving on a grand jury or other trial jury Not be subject to a conservatorshipNot be subject to a conservatorship Have sufficient knowledge of the English languageHave 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 Trial1. Opening Statements

2. 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-enforcingA 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

Court System – Federal Courts 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

Court System – California State Courts Trial Courts Appellate Courts

Court Procedures Pretrial Stage Pretrial Motions Discovery

Trial Jury or Non-Jury Trial Order of Trial Trial Motions Post-Trial Motions Appeals Enforcing the Judgment