Understanding the American Court System: Jurisdiction, Venue, and Procedures - Prof. Josep, Study notes of Finance

Download Understanding the American Court System: Jurisdiction, Venue, and Procedures - Prof. Josep and more Study notes Finance in PDF only on Docsity! Joe Solberg Fil 185 Chapter Four: The American Court System 1. General 2. Court personnel A. judges B. justices C. lawyers D. jurors 3. Judicial review A. defined B. Marbury v. Madison 4. Jurisdiction A. jurisdiction over the parties 1. defined 2. long arm statutes B. jurisdiction over property: you can be sued where your property is located. Ex: if your summer cabin in Wisconsin catches fire and injures a neighbor, you can be sued in Wisconsin. C. jurisdiction over subject matter: the power of a court to hear a particular kind of case. Ex: McLean County Circuit Court has subject matter jurisdiction over traffic and divorce cases D. original and appellate jurisdiction 1. trial courts have original jurisdiction (case starts there) 2. appellate courts review decisions of lower courts E. jurisdiction of the federal courts 1. federal question: constitutional questions (ex: flag burning involves freedom of speech) (ex: some drug cases violate a federal drug statute) 2. diversity jurisdiction: a case can start in federal court if the amount in question exceeds $75,000 and all plaintiffs are from different states than all defendants at the time the lawsuit is filed (ex: Plaintiff from IL sues a defendant from IN for $100,000) F. exclusive versus concurrent jurisdiction (see chart on page 107): some cases (drugs for instance can start in federal or state court) G. jurisdiction in cyberspace (see case on page 108) 5. Venue: the geographic district (county) in which a case is tried and from where the jury will be selected 6. Standing: in order to sue you must have a legally recognized claim. Ex: if my best friend is injured by a negligent driver I cannot sue because I lack legal standing 7. State court systems (see chart on page 113) A. trial courts: called circuit court in IL. this is the only place where witnesses testify and evidence is presented B. courts of appeals: called district court in IL. This is where justices rule on appeals C. state supreme courts: another level of appellate court 8. The federal court system A. U.S. District Courts (trial courts): B. U.S. Court of Appeals: called circuit court C. The United States Supreme Court