Chapter 3
The Court System
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Quote
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"A fox should not be the jury at the goose's
trial"
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Thomas Fuller, 1608-1661
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What Is a Court?
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A neutral forum authorized and funded by
government to provide for the resolution of
disputes between people and
organizations
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Types of Courts
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TRIAL COURTS
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Presentation of evidence
Determination of applicable law
Application of decided facts to applicable law
Jury finder of fact. Judge determiner of law
and instructions to jury
Plaintiff
Defendant
“Liability” versus “guilt”
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Types of Courts
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Appellate Courts
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Review of trial court record to ensure proper
application of the law
Acceptance of facts offered in trial court
No evidence presented and no jury present
Appellate terms to know
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Judicial review, brief, oral arguments, majority opinion,
dissenting opinion, reversible error, reversal, remand,
affirm, modify, petititioner/appellant,
respondent/appellee
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The Federal Court System
United States
Supreme Court
(Highest Appeals Court)
Three judges hear each
case, brought up from
the District Courts.
U.S.
District
Courts
Primary
Trial
Court
U.S.
Bankruptcy
Courts
U.S. Courts of
Appeals (12
Circuits)
Lower
Appeals
Courts
U.S. Court of
Appeals for the
Federal Circuit
U.S. Court of
International
Trade
U.S. Tax
Courts
Trial Courts of
Limited (Specific)
Jurisdiction
Nine Justices; appointed for
life; may refuse to hear a
case; final authority
Various
Federal
Agencies
Hears appeals
from specialized
trial courts.
U.S. Claims
Court
U.S. Patent &
Trademark
Office
Trial Courts of Limited
(Specific) Jurisdiction
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Washington State Court System
9 justices elected by
voters
Judges. Same
methods &
qualifications as
Supreme Court
Elected by County
voters for 4 year
terms. Vacancies
appointed by
governor.
Supreme Court
Serve for 6 year
term. Thereafter
elected for
additional terms
Courts of Appeal
Districts
Sit in 3 judge
panels
Superior Court
One Court for each County
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Washington State’s “Inferior” Courts
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District Justice/Municipal Courts
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Small Claims Courts
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Misdemeanors/gross misdemeanors
Civil claims up to $75,000
Civil claims up to $5,000
Justices of the Peace
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Small Claims Court
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Court of limited jurisdiction involving disputes
involving small sums of money damages
Informal
No attorneys allowed as representatives
Inexpensive filing fee
No appeal for the plaintiff
Limited appeal for defendant
Local government may provide advisors free of
charge
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Jurisdiction
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From Latin juris and dico meaning, “I Speak
By the Law.”
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When used in reference to the courts, term
refers to power and authority over a matter
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Political boundaries of state and federal
courts
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Jurisdiction over subject matter
Jurisdiction over persons and property
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Subject Matter Jurisdiction
Power of the court to hear cases of a
general class
Jurisdiction factors
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Dollar amount pled
Civil or criminal action
Remedy requested
Nature of problem
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Jurisdiction over Persons and Property
Right of the court to decide a particular
matter or case
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Requires the appropriate notification to the
concerned or affected parties (the defendants)
The plaintiff submits to jurisdiction by filing the
lawsuit
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Jurisdiction over Persons and Property
in personam – power over the person
Requires proper personal service
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Consent of sued party
Substituted service based on residence
Long arm statute (claim must relate to the status)
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Doing business in state
Use of an automobile in a state
Commission of tort within state
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Jurisdiction over Persons and Property
In rem - over a thing - usually property or a
relationship (marriage)
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Example: ownership of real property
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Exists or was created within the state
All states have jurisdiction over real property within
state borders
Question: Jurisdiction and the Internet?
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Zippo case
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Passive websites
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Interactive websites
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Commercial websites
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Venue
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The proper place within an appropriate
jurisdiction
Assume the matter is properly within a state
court. In what county should the matter be
tried?
Issues regarding jurisdiction generally
cannot be waived but venue matters can be
waived
Generally venue is proper where defendant
lives
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Issues of Federal Jurisdiction
Subject matter jurisdiction
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Federal question - Constitution, Federal Statute
& Administrative Rules and Actions
Diversity of Citizenship
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Amount in dispute is $75,000 or more
Each party is a citizen of a different state or country.
A corporation is citizen of the state of incorporation &
principal place of business
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Issues of Federal Jurisdiction
Concurrent jurisdiction
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A state may also have jurisdiction over a matter
which could be brought in federal court
If the action could be brought in the federal court
and is not - the defendant can have the matter
removed to federal court. Neither state nor
plaintiff can stop a defendant’s removal motion
If a matter involves state law (diversity action)
the federal court must apply the law of the proper
state
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Issues of Federal Jurisdiction
Exclusive Jurisdiction - Examples
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Federal crimes
Suits against the federal government
Patents, copyrights and trademarks
Cases involving foreign diplomats
Bankruptcy
United states is a party
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Issues of Federal Jurisdiction
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Early Steps in a Civil Lawsuit
Retain counsel
Pleading by the Plaintiff
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Complaint
Summons
Service of process (obtaining jurisdiction)
Reply if necessary
Pleading – defendant
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Answer
Demurrer or motion to dismiss
Cross-complaint or Counter-claim
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Complaint (simple)
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State information giving rise to jurisdiction
Recites facts giving rise to a legal claim
Request remedy
Default judgment?
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Mid-Process of Civil Lawsuit Discovery
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Process of gathering evidence about the
case
Purpose of Discovery
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Educate each party
Eliminate surprise
Promote settlement
In some cases, perpetuate testimony
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Mid-Process of Civil Lawsuit Discovery
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Deposition:
Questioning of parties
and witnesses under
oath
Interrogatories: Written
questions to opposing
party requesting written
answers
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Motion to Produce:
Request for documents
and things
Request for
Admissions: Request of
opposing party to agree
on certain facts
All useful to impeach
witnesses
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Early-Process of Civil Lawsuit Motions
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Judgment on the
Pleadings
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Motion to Dismiss
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Summary Judgment
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Self-explanatory
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Can be made at any
time after initial
pleadings.
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After discovery where
no essential facts are in
dispute
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What is the Role of the Judge and Jury?
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Judge determines the applicable law and
rules on trial processes
Jury is the finder of fact
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Is it possible there will be no jury?
How would that change a trial?
Jury selection and voir dire
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Challenges for cause
Peremptory Challenges
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Jury Decision: Burden of Proof
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Moving party and
degree of belief
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Who has burden?
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Nature of the burden?
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Jury nullification
Preponderance of the
evidence
Beyond a reasonable
doubt
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Jury Decision: Agreement
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Federal
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Unanimous verdict usually required
State
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34 states require less than unanimous in civil
cases
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The Trial of A Civil Lawsuit
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Opening Statement
Case in Chief
Evidence
Motion for Directed Verdict:
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Defendant moves at close of plaintiffs case if no credible
evidence was presented supporting claim
Either party at conclusion of case if no factual issue exists
Closing Statements
Jury Instructions
Deliberation and verdict
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Post Verdict of Civil Lawsuit
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Motions.
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Judgment not withstanding the verdict
Motion for a new trial
Appeal
Collection
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Writ of execution
Order of examination
Garnishment
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Equity
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Equity: A civil trial held without a jury when
relief sought by the plaintiff is equitable in
nature, such as an injunction, or a divorce or
dissolution of a marriage
Distinction between law and equity is based
not on history not logic
Historical alternative to law courts creating a
separate concept of justice
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Equity
Equity
Other than Equity –
Common Law
Subject Matter
Family law, matter juvenile,
probate trusts, foreclosure,
when remedy it law is
inadequate
Everything but equity
Fact Finding
No jury-chancellor of trial
makes findings and a
issues degree
Jury-leading to
judgment
Remedies
Specific performance,
injunction, recission,
restitution, reformation
Money damages or
replevin
Enforcement
Contempt of court
Can attach defendant’s
property
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Your take-away from today’s class
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