Chapter 03
The U.S. Legal System
McGraw-Hill/Irwin
Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
Types of Jurisdiction

Original Jurisdiction:
The power to hear and
decide cases when they
first enter the legal
system

Appellate Jurisdiction:
The power to review
previous judicial
decisions to determine
whether trial courts erred
in their decisions
3-2
Types of Jurisdiction

In personam jurisdiction:
The power to render a
decision affecting the
rights of the specific
persons before the court

Subject-matter
jurisdiction: The power
to hear certain kinds of
cases
3-3
Subject-Matter Jurisdiction:
Exclusive Federal Jurisdiction

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
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Admiralty cases
Bankruptcy cases
Federal criminal prosecutions
Cases in which one state sues another state
Claims against the United States
Federal patent, trademark, and copyright claims
Other claims involving federal statutes that specify
exclusive federal jurisdiction
3-4
Subject-Matter Jurisdiction: Concurrent
Federal and State Jurisdiction


Federal question cases
Diversity of citizenship cases
3-5
Subject-Matter Jurisdiction: State
Jurisdiction

All cases not falling under Exclusive Federal
Jurisdiction
3-6
The Federal Court System

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The United States Supreme Court
Intermediate Courts of Appeal
Federal Trial Courts (U.S. District Courts)
3-7
State Court Systems

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State Supreme Courts
Intermediate Courts of Appeal
State Trial Courts
3-8
Threshold Requirements for
Litigation

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Standing (to sue)
Case or Controversy (Justiciable Controversy)
Ripeness
3-9
Steps in Civil Litigation:
The Pretrial Stage

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Informal Negotiations
Pleadings
Service of Process
Defendant’s Response
Pretrial Motions
Discovery
Pretrial Conference
3-10
Steps in Civil Litigation:
The Trial

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Jury Selection
Opening Statements
Examination of Witnesses and Presentation of
Evidence
Closing Arguments
Jury Instructions
3-11
Steps in Civil Litigation:
Post-Trial Motions

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Motion For Judgment In Accordance With
Verdict
Motion For Judgment Notwithstanding Verdict
Motion For New Trial
3-12
Steps in Civil
Litigation:
Appellate Procedure
3-13
Appellate Court Decision-Making
Powers

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Affirmation
Modification
Reversal
Remand
3-14