CHAPTER THREE
THE
JUDICIAL SYSTEM
Court-Defined
• Governmental body to which the administration of
justice is delegated; tribunal established by
government to hear and decide matters properly
brought before it
 Established by Constitution (usually federal or
state); legislative action can alter what courts
can do
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Two Court Systems In U.S.
• Federal court system enforces federal law rights
granted by U.S. Constitution acts of U.S.
Congress, rights granted by federal courts
• State court system enforces state law rights
granted by state Constitution, acts of state
legislature, rights granted by state courts
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How Courts Established
• Federal courts
Article III of United States Constitution
 Federal Judiciary Act of 1789
• State Courts
 Article IV of Washington State Constitution
 Revised Code of Washington (see Titles 2, 3
and 13-also Titles 4, 5, 6, 7 and 12)

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Settlement
• Defined Compromise between parties which
usually results in termination of lawsuit
 Compromise usually reduced to writing and
signed by judge (agreed judgment)
 Settlement usually has force of a contract
• Length of time required to secure trial and cost of
attorney usual reasons for settlement
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Levels Of Courts
• Limited jurisdiction informal, handle minor
matters concerning relatively small sums of
money; no lawyers, no record
• Trial courts handle most major trials, formal,
record kept, jury available, lawyers present, rules
on procedure, evidence
• Appeals courts review and correct errors in
interpreting law made by lower courts
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Role Of Jury
• Bench trial-judge makes all decisions
• Jury trial, jurors serve as “finder of fact”

Judge makes decisions on matters of law, jury
determines what took place factually
 Basic fact-occurrence or non occurrence of
an event or circumstance
 Ultimate fact-based on evaluation of basic
facts, guilt or innocence of parties
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Role Of Jury
• Washington allows non unanimous verdicts (10
of 12 or 5 of 6 in civil cases, unanimous criminal
cases)
• Verdicts in Washington
 General (guilt or innocence)
 Special (questions to jury re facts, judge
decides case)
 General with interrogatories (questions to jury
re facts, jury decides case)
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Courts In Washington
Small Claims See RCW 12.40
One or more in each county apportioned by
population
 Monetary jurisdiction 0-$4000
 Service allowed by registered mail
 No attorneys, no record
 Limited appeal rights-$250 or less no appealP-may not appeal $1000 or less

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Courts In Washington
Small Claims See RCW 12.40
• Start case by filing claim containing
Name/Address P
 Nature of claim; amount in question and date
claim arose
 Name/Address D if known
• Ten dollar filing fee which can be increased by
county additional fifteen dollars to fund dispute
resolution centers

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Courts In Washington
District Courts See RCW Title 3
Justice of peace courts/district courts are the
same
 One or more in each county apportioned by
population and assigned to geographic district
within county (King County-26, Pierce
County-11, Snohomish County-7)
 Qualifications for judge-registered voter,
attorney

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Courts In Washington
District Courts See RCW Title 3
Monetary jurisdiction 0-$50,000
 Exclusive jurisdiction misdemeanors, gross
misdemeanors
 Cannot hear certain real estate cases, intentional
torts, tax related matters
 Record kept, lawyers present, jury allowed

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Courts In Washington
Municipal Courts See RCW 3.46 and 3.50
• Municipal court is a form of district court
Cities may form such courts solely for
enforcing ordinances
 Judges have same powers as district court
judges
 Appeals go to superior court

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Courts In Washington
Superior Courts See RCW 2.08
• Superior Courts-major trial court in state
One or more in each county apportioned by
population
 Monetary jurisdiction $50,000 or more
(actually may hear cases involving more than
$300.00)
 Exclusive jurisdiction real estate, taxes, wills,
family law juvenile justice
 Formal, lawyers, jury, record kept

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Courts In Washington
Courts of Appeal-See RCW 2.06
• Washington Courts of Appeal-first place appeals
from superior court heard
 Three geographic divisions (Seattle, Tacoma,
Spokane)
 Each division has districts within it
 Three judge panel hears case, majority vote
determines decision
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Courts In Washington
State Supreme Court-See RCW 2.04
• State Supreme Court-final authority on
meaning of state law
 Resolves disputes among Courts of Appeal
(differing results, same facts)
 Can issue writs of habeas corpus, mandamus
and quo warranto
 Handles death penalty appeals
 Can assign cases to and take cases from Courts
of Appeal
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Courts In Washington
State Supreme Court-See RCW 2.04
• Oversees operation of and makes rules for all
Washington state courts
 Civil procedure, appeals, evidence etc..
• Located in Olympia
 Nine justice panel reviews case
 Majority vote wins, ties allow lower court
decision to stand
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Courts In Washington
Family Court, Juvenile Court
• Family Court-see RCW 26.12.010
Division of superior court
 Handle matters falling under Title 26
(dissolution, child custody, child support)
• Juvenile Court-see RCW 13.04.030
 Division of superior court
 Handles dependency, termination of parentchild relationship, juvenile crime

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Jurisdiction
• Defined-power or authority of a court to hear a
case and render a decision-see RCW 4.12.010,
.020 and .025
• Two things necessary for jurisdiction
 Jurisdiction over case (geographic, monetary,
subject matter)
 Jurisdiction over person also called “in
personam jurisdiction” ( this is a notification
requirement, must inform D they are being
sued)
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Jurisdiction
• Jurisdiction over the case requires
Original or appellate jurisdiction (initial case or
request to review earlier case)
 Monetary jurisdiction (is legislatively required
amount in controversy)
 Subject matter jurisdiction (can court hear this
sort of case)
 Geographic jurisdiction (D’s residence or where
cause of action arose)

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Jurisdiction
• Obtaining “in personam jurisdiction”-see
RCW 4.28 or Washington Superior Court
Rules ( Civil Rule 4)
 Normally accomplished by service of process
which is delivery of summons (court order
defend suit or automatic loss) and complaint
(why this is proper court to hear case, what
took place, relief sought)
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Jurisdiction
• Methods of obtaining jurisdiction
Personal service-delivery of process to D at
home or elsewhere by neutral third party; D
must identify self, hand process to them, can be
left at feet if acceptance refused
 Substituted service-delivery of process to
residence of D and leaving it with person of
suitable age and discretion

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Jurisdiction
• Methods of obtaining jurisdiction
Service by publication-used when D concealed
self, fled, has property in state or dissolution
case
 Operation-1) file affidavit describing
unsuccessful attempts to serve; 2) mail process
to D’s last known address; 3) publish prescribed
notice in paper of general circulation for six
consecutive weeks
 D has sixty days to respond

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Jurisdiction
• Voluntary submission (can be intentional or
unintentional)
 Formal waiver (done in writing)
 General appearance (defense on merits waives
challenge to jurisdiction-at start of trial must
use special appearance to make challenge to
jurisdiction or on other matters)
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Jurisdiction
• Voluntary submission

Long arm statute see RCW 4.28.180 and .185
 If nonresident D has certain minimum
contacts with state of Washington can be
required to defend case here
 Grounds include: owning property, doing
business, using roads, criminal or tortious
behavior, conceiving child
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Jurisdiction
• Jurisdiction over property (courts ability to
determine ownership even if D not available)
 In rem court can decide ownership rights in
property within county but nothing else
 Quasi in rem used in collection of judgment
cases, court can transfer rights in property to
discharge obligation judgment debtor has to
judgment creditor
 Property can be sold and rights transferred to
another
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Venue
• Proper place for a trial to be heard (to render
decision court must have jurisdiction and venue)
See RCW 4.12.030
• Burden of proof is on challenging party
 Courts assume P’s choice of court is proper
 D must show by clear and significant evidence
that injustice would result if P’s choice of court
honored
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Venue
• Grounds for change of venue
Forum non conviens-substantial burden for D
and witnesses to appear at court chosen by P
 Local prejudice-public feeling against D so
high that fair trial is impossible
 Also Washington state allows change if there is
judicial prejudice or case filed in wrong county

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Federal Courts
• Enforce federal law (rights granted by U.S.
Constitution Acts of U.S. Congress, decisions of
fed. courts)
• Source of Power (Art. III, Sec. 1, US
Constitution; 1789 Judiciary Act)
• Federal judges appointed for life (by President
with advice and consent Senate)
• Three courts (Federal district courts, U.S. Circuit
courts of Appeal, U.S. Supreme Court)
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Federal Courts
• Federal District Courts
At least one in every state, apportioned by
population
 Ninety four nationally with two in Washington
(Western District-Seattle; Eastern DistrictSpokane)
 Trial level court, most cases start here

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Federal Courts
• United States Circuit courts Of Appeal
13 circuits (11 geographic, one for Washington
D.C. one to handle special matters such as
copyrights, patents)
 Hear appeals from district courts
 Three judge panel
 Washington in 9th Circuit, headquartered in
San Francisco

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Federal Courts
• United States Supreme Court
Located in Washington D.C.
 Nine judge panel
 Handles most important matters of federal law,
resolves conflicts between circuits, vital issues
of constitutional law

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Federal Courts
• United States Supreme Court
Will receive 14,000 plus requests per year,
usually will only accept 200 cases
 Most requests come from writ of certiorari
(important federal right violated and immediate
relief needed)

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Federal Court Jurisdiction
• Diversity jurisdiction see 28 USCA 1332-parties
from different states and over $75K in controversy
(diversity must be complete)
• Federal question jurisdiction concerns rights
granted which are federal constitutional, statutory
or common law
• Federal courts can exercise in rem and quasi in
rem jurisdiction
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Venue In Federal Cases
• Diversity cases
Where P resides; where D resides or where
cause of action took place
• Federal question cases
 Where D resides or where cause of action took
place

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Removal Doctrine
• D has power to remove case from state to
federal ct., if federal ct. has jurisdiction
 Allowed to prevent unfairness
 Allowed to prevent duplicative legislation
(federal and state laws similar e.g. free speech)
 Not allowed if D resident of state where suit
brought
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Erie Doctrine
• Defined In federal diversity cases court will
follow law of state where issue arose
• Keys to understanding Erie doctrine
 Will only arise if there are no federal issues
(otherwise it is federal question jurisdiction)
 Wish to avoid having federal courts create state
law (federal courts only rule on federal issues
or where state law impacts federal rights)
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