Courts &
Jurisdiction
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I.
SYSTEMS, PROCEDURES & JUSTICE
A. Purposes of Court Systems
1.
An instrument of _______________________
2.
A social institution (alternate to violent resolution of disputes)
B. Purposes of Procedures (in U.S. courts, anyway)
1.
Establish a ________________ for reaching a conclusion
2.
Assure ____________ consideration of all parties’ positions
3.
Sometimes following procedures can appear more important
that reaching the underlying objective (a fair decision on the
merits)
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C.
Justice and “Fair” Trials
1.
What does “justice” and “fairness” mean?
a.
For the individuals involved?
b.
For the “legal system” as a whole?
c.
The result in any single case may not be perceived as “just”
by at least one party – the one who lost.
2.
__________________ provide a framework that allows parties to
present their arguments
3.
Most of what is generally believed to be just and fair underlies
U.S. court system(s) and the procedures/processes used
4.
Since people almost always think of “going to court” when they
have a problem, they must believe it is a good system.
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III.
COURT SYSTEMS in the U.S.
WHO has the right to
decide is very important
A. Political System and Jurisdiction
1.
2.
11th Century and allocated “subject matter jurisdiction”
(See “The Fabulous 11th Century” “handout” on website)
a.
Pope Gregory VII’s declaration/assertion of right to decide
cases based on what and who is involved (1075 A.D.)
b.
Evolved into recognition that more than one government
or court system can exist in one geographic area
U.S. Constitution allocates jurisdiction between governments,
including their courts, based on topic (“_________________”
jurisdiction)
a.
To federal government — things that are “better” handled
on a national basis (as specified in Constitution)
b.
To states — everything else
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B.
“Subject Matter” allocation between federal and state courts
1.
Federal government has ___________________ jurisdiction,
so do federal courts
a.
b.
2.
3.
“_______________ question” jurisdiction
“____________” jurisdiction
Constitution does not limit subject matter within the jurisdiction
of states (with a few exceptions – bankruptcy, admiralty, etc.)
a.
State courts can hear cases on all issues, unless expressly
___________ by the U.S. Constitution, or federal legislation
b.
Principal limitation is “__________” clauses of Constitution
c.
Many issues can be tried in either state or federal court
(“_______________ jurisdiction”)
Rules concerning “precedent” reflect jurisdiction rules and
limitations
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II.
JURISDICTION OVER PARTIES TO LITIGATION
A.
Court must have jurisdiction:
1.
Geographic – courts established for particular areas that
correspond with ______________ boundaries
2.
Subject matter – some courts can only try cases involving
particular legal issues
a.
Most often “courts of limited jurisdiction”
Examples:
» Juvenile court (criminal things)
» “Family court” (child custody, divorce, criminal)
» Probate (property, etc., of deceased persons)
» Small Claims courts/divisions ($2,000 or $5,000 limit)
b.
Specialized “courts” (Bankruptcy, Tax, Customs)
c.
Appellate courts (no “original” jurisdiction)
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3.
“Personal” jurisdiction over the parties (individuals, legal entities,
government) to each case
a.
Two aspects
(1) Legal jurisdiction over person(s) based on other types of
jurisdiction (political, subject matter)
» Theoretical / Potential
» Same as government’s jurisdiction
(2) Effective jurisdiction over specific person is gained by
“________________________” (a “notice” procedure)
b.
Legal jurisdiction is a question of law
c.
Service of process is a question of __________
(1) Have the proper steps intended to notify the person
of the litigation been taken?
(2) Plaintiff consents to jurisdiction by filing the case
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B.
C.
Personal jurisdiction and the limits of government power
1.
“Due Process” requires that the government have recognized
___________________ over persons and things affected
» Based on political association, OR
» Based on “presence” within boundaries, OR
» Based on actions or events within boundaries
2.
“Due Process” requires giving a person the _______________
_____________.
» Initially satisfied by “service of process” requirement
» Subsequently satisfied by procedural rules
“___________________” association
1.
Persons who are “citizens,” “nationals”, “permanent
residents” or “landed immigrants”
» Citizenship by birth
» Voluntary assumption (“naturalization” in U.S.)
2.
Physical presence over long period (more than half year)
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D.
E.
Acts within boundaries
1.
Government has power to regulate ________________ with its
borders, without regard to citizenship of actor
2.
Acts ________________ to have an effect within borders, even though
done outside borders
»
Mailing letter bomb addressed to another state
3.
Acts done outside borders that could ______________________
to have an effect within borders
»
Damming a river so new lake forms in another state
The challenge of internet and “globalization”
1.
2.
3.
4.
Is a person subject to jurisdiction wherever website can be
accessed?
What level of knowledge or intention is necessary to make government’s exercise of power “legitimate”?
Most agree person must knowingly do some act with knowledge
that it will probably have a result in particular place
Serious challenge to existing ideas of national sovereignty
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C.
_____________ of court systems reflect general ideas of “fairness”
1.
2.
“Everyone can make a mistake (or act unfairly) sometime.”
a.
Right to appeal _________ (can be waived)
b.
Frequently have the opportunity for second appeal if
continued error demonstrated (appealed-to court decides)
“Justice should be available to everyone”
a.
Courts where litigation starts are numerous, widespread
b.
Default location is ______ persons, acts, property involved
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IV.
RELATIONSHIP BETWEEN “PRECEDENT” and JURISDICTION
A. Prior decisions that must be followed (“________________ precedent”)
1.
A lower court must follow precedent established by courts to
which ____________________.
2.
Appellate courts must follow precedent from higher appellate
courts (i.e. to which appeal would go)
B.
Only a court that issued a prior decision, or a higher reviewing
court, can overturn the prior decision
C.
All other decisions may be used to support decision (“____________
precedent”)
1.
Courts can look to other state’s decisions if no local precedent
2.
Some states “lead” in some areas, more reference by other
states’ courts
3.
Prior reliance by highest court on decisions from another state
can be used to persuade further use of that state’s decisions
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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)
Intermediate
Appellate
Trial Courts of
Limited (Specific)
Jurisdiction
U.S. Court of
Appeals for the
Federal Circuit
U.S. Court of
International
Trade
U.S. Tax
Courts
Various
Federal
Agencies
Nine Justices; appointed for
life; may refuse to hear a
case; final authority
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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E.
State Court Systems
1.
2.
________ Court = General Original Jurisdiction
a.
Most states have some courts of “limited original
jurisdiction”
b.
Usually subordinate to Trial Court
c.
Jurisdiction normally expressly limited to particular kinds
of cases (subject matter)
Texas has one of the more complicated systems at this level
NOTE: The names of trial courts vary from state to state; usually
“district”, superior, circuit. Must have some idea of the state’s structure
(can usually tell in appellate opinion from description of prior
proceedings)
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State Court System - Typical
Usually 7 Justices;
may refuse to hear a
case; final authority
Three judges;
never a jury
General
Civil
Division
General
Criminal
Division
Trial Courts of
General Jurisdiction
One judge; may
have jury
State Supreme Court
(Highest Appeals Court)
Intermediate Appellate Courts
Small
Claims
Division
Juvenile
Division
Municipal
Division
Courts with
“original”
jurisdiction
Land
Division
Probate
Division
Domestic
Relations
Division
Trial Courts of Limited (or Specific) Jurisdiction
Name and authority vary greatly between states
One judge; may have jury
Texas Courts Structure
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2.
4.
Intermediate Court of Appeal [an “appellate” court
a.
Must hear appeal from _________________
b.
ONLY paper record; no evidence, no witnesses
c.
Decision is most often the last that can be obtained
d.
Assumes that the facts determined by trial court are ______,
reviews only for ________________
Highest Court
a
Normally has discretion to hear/not hear appeal
b.
Most states have provisions allowing direct appeal to
highest court in some types of cases (e.g. “capital” cases)
c.
Texas is unusual in that it has two “highest” courts:
(1)
(2)
Court of Criminal Appeals
Supreme Court of Texas
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V.
SOME VERY GENERAL STATISTICS
Most cases (over 90% ? ) are filed in state trial courts
— Most of those are in courts of limited jurisdiction
Most cases filed do NOT go to trial (70 - 80% depending on filing court)
Small proportion of trial court judgments (3% - 5%) are appealed
Most appealed cases (80+% of civil) are NOT reversed on appeal
Of 1,000s of requests, U.S. Supreme Court hears 100 - 120 cases per year
In the general trial court, the time between filing and trial is usually 2 - 6
years (depending on filing court)
Time between filing an appeal and hearing is usually more than one year.
Obtaining a final judgment DOES NOT guarantee receiving payment.
(decision is not final until all appeals are complete or time for appeal
has expired without appeal)
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