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Chapter 2: The Court System Chapter 2: The Court System

Dec 29, 2015

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  • Plaintiff

    Defendant

    Burden of Proof Civil, Criminal

    *

  • Federal 3 Branches*

  • 3 Branches Legislative branch: Created by Article I of the Constitution: Executive branch: Created under Article II of the ConstitutionJudiciary: Created by Article III of the Constitution*

  • State and Federal Courts

  • TENNESEE COURT SYSTEM1. Trial Courts jurisdictions in Tennessee are divided by numbers. 2. Tennessee Court of Appeals3. Tennessee Supreme Court

    General Sessions and Trial Judges are elected for 8 year terms. Appellate judges are appointed and then subject to a retention vote. This is called the Tennessee Plan.

  • The Beginning CourtsEvery Lawsuit begins in the trial court

    CANNOT start a lawsuit in the appellate court.*

  • Trial Court Rutherford CountyChancery Circuit General Sessions Civil General Session Criminal Juvenile Child Support *

  • The Court of AppealsCt of Appeals, Appellate courts only REVIEW judges decision and make sure complies with law.

    In a criminal case only the Defendant/Accused may appeal

    Legal Environment of Business*

  • TN Supreme Court Cornelia A. Clark Middle Division Janice M. Holder Western Division William C. Koch Middle Division Sharon G. Lee Eastern Division Gary R. Wade Eastern Division

    *

  • Federal CourtArticle III Creates the Federal Courts

    Judges - *

  • The Federal Court SystemI. TRIAL - U.S. District Courts are the Trial courts of the federal court system.Eastern, Middle, Western

    II. APPEALS TN in the 6th Circuit

    III. United States Supreme Court.*

  • The Federal Court of Appeals*

  • US Supreme Court judgesAll federal justices, including those on the Supreme Court, serve for life

    US. SUPREME CT How many judges Hear a case

    3 women

    AB GKK RSST

    Legal Environment of Business*

  • Jurisdiction*

  • 1. what state do you sue2. do you sue in federal or state court3. what particular federal or state court do you sue*

  • Basic Judicial Requirements Jurisdiction: is the power of a court to hear a dispute and render a verdict that is legally binding on the parties to the dispute. *

  • Personal. A court must have jurisdiction over the Defendant the party against whom the lawsuit is brought.OR In Rem. Jurisdiction over the property involved in the lawsuit.*JURISDICTION

  • Jurisdiction Over PersonsPersons: power of a court to compel the Defendant (including corporations) to appear in a particular court for litigation

    Minimum Contacts - *

  • What is Minimum ContactsDefendant must have minimum contacts:Examples:1. Committing a tort (injury/civil wrong) within the state car accident2. Advertising/selling/putting a product into the stream of commerce in that state

    *

  • Jurisdiction Over BusinessesDoes the company do business or advertise within the state? Does company deliver its products into the stream of commerce with the expectation that they will be purchased by consumers in the forum State.

    *

  • Reasoning:

    When a business purposefully avails itself of the privilege of conducting activities in a State, it is not unreasonable to subject it to a lawsuit there.

    SOLELY FOCUS DEFENDANT

  • InternetActive v. passive website:

    Sliding Scale Standard.Three Different Types of Contacts: (1) substantial business over the internet, (2) some interactivity through a website, (3) passive advertising.

  • Example-Min ContactI own a computer store in TN and I buy parts from Company B in California. Company B sells me fraudulent parts. Who is the Plaintiff and who is the Defendant

    Where does Plaintiff sue TN or CADoes the Defendant have min contacts

    *

  • Why do you careWhere and how you conduct business could subject you to lawsuit in other states

    Costs: *

  • Pg. 31 SGI v. IPCCASE 2.2 GUCCI AMERICA, INC. V. WANG HUOQING (2011). U.S. District court exercised jurisdiction over Chinese defendant who advertised and sold goods over the internet.*

  • Pg. 34 Case in PointLA buyer bought RV from seller in TX on Ebay after viewing photo. PL - Def- PL picked up RV in TX but while in LA the RV broke down - Pl sued in LALA- Because Def had used eBay to market and sell the RV to a LA buyer and had regularly used eBay to sell cars to remote parties in the past. *

  • Mastondrea v. Occidental Hotels Management Libgo Travel advertises in Newark, NJ paper for vacation packages at Royal Hotel in Mexico.Pl booked package. Hurt at hotel

  • What are options where sueWhere does Pl want to sue? Why?What is the standard for PL to sue there? *

  • Patty lives in Florida and sells coins in Florida, parts of Michigan, New York, and Washington, D.C. While on a business trip in New York, Patty is run over by Drew, a citizen of New York. Patty brings suit against Drew in Florida for his injuries. Does the Florida court have jurisdiction over Drew?

    *

  • Jurisdiction over PropertyIn Rem jurisdiction is the power to decide issues relating to property.

    A court generally has in rem jurisdiction over any property situated within its geographical borders*

  • 1. Is it federal or state court1. Does it involve federal law2. Are the parties from different states3. How much are you suing for*

  • Jurisdiction of Federal Courts1. Does case involve purely federal law.

    2. Diversity Jurisdiction - The parties are not from the same state, andinterstate commerceminimum contacts. (The amount in controversy is greater than $75,000.)

    Sometimes both Federal and State.*

  • 1. Purely Federal Law Bankruptcy Congress determined that bankruptcies are best addressed in a standardized manner across US so federal courts.2. Diversity of Citizenship. Parties are not from same state*

  • Why - Diversity Jurisdiction

    The US Constitution gives federal courts the power to hear diversity cases. The framers of the Constitution were concerned that when a case is filed in one state, and it involves parties from that state and another state, the state court might be biased toward the party from that state*

  • Jurisdiction Over PersonsCivil - Parties are from diff states FederalCriminal does act cross state linesSO WHICH STATE?

    MC - Placing goods into stream of commerce with intent to be sold interstate commerce cross state lines*

  • Michael Vick*

  • Venuelocation for the lawsuit/trial

    Generally, proper venue is whether the injury occurred.*

  • Venue In state- what countyWhat county the lawsuit should be brought.

    Jane lives in Wilson County and has car wreck in Rutherford CountyJane lives in Wilson County and has work related injury Rutherford County.*

  • Venue in federal what sectionWhat district - Middle or Eastern or Western US District Court. *

  • Standing to SueMust have:Standing is sufficient party must have suffered a legal harm

    Ex: *

  • DamageMust have damages:

    Ex: *

  • The Lawsuit a ComplaintPlaintiff prepared a lawsuit called a complaintMust prove Service of process:What is that?How long to respond?*

  • LAWSUITComplaintIf Individual - Must serve Defendant with lawsuit personally or leave at home/office

    If Business when you register with state to do business, have to list who gets the lawsuit. Called registered agent they have companies that all they do is accept lawsuit.

    Legal Environment of Business*

  • CriminalIn a Criminal CaseThe State is the PlaintiffThe accused is the Defendant*

  • TRIALBench Trial what is that

    Jury - *

  • The Trial Jury Trial General processVoir DireOpening StatementsPL Direct/Cross ExaminationDef Direct/Cross ExaminationClosing StatementsJury instructionsJury Deliberations*

  • Burden of ProofJury:

    Criminal

    Civil*

  • AppealsIf you do not believe judge or jury made right decision, you can appeal it.

    Appeals court JUST reviews not a new trial

    *

  • Whether to sue: Assuming you do win your lawsuit, you need to ask yourself whether or not you will be able to collect any form of judgment.

    Keep in mind that it will do you little to no good to win a lawsuit against someone that cannot pay the judgment or does not have insurance. *

  • Enforcing a JudgmentCourts only have the power to tell you that you are legally entitled to a monetary judgment; they cannot help you collect it

  • *After waiting 17 years for O.J. Simpson to pay a $9 million wrongful death judgment, Ronald Goldman's mother is selling her right to the cash online.

    Sharon Rufo listed the judgment Tuesday on JudgmentMarketplace.com with a $1 million starting price. Bidding continues for 30 days.

    The judgment is now worth $24.7 million after interest. The winning bidder takes on the risk of collecting from the financially strapped former football star.

    ********************

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