1 Chapter 3 The U.S. Legal System Chapter 3: The U.S. Legal SystemCopyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

2 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 “Jurisdiction” refers to the power of a court to hear a particular case. Types of jurisdiction include “original” jurisdiction, which refers to the power to hear and decide a case when it first enters the legal system, and “appellate jurisdiction, which refers to the power to review a lower court decision to determine whether the lower court erred in rendering its verdict.

3 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 Other types of jurisdiction include “in personam” jurisdiction, which refers to the power to render a decision affecting the rights of specific persons before the court, and “subject-matter” jurisdiction, which refers to the power to hear certain kinds of cases.

4 Subject-Matter Jurisdiction: Exclusive Federal JurisdictionAdmiralty 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 Federal courts have exclusive subject-matter jurisdiction over the following types of litigation: 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; and other claims involving federal statutes that specify exclusive federal jurisdiction.

5 Subject-Matter Jurisdiction: Concurrent Federal and State JurisdictionFederal question cases Diversity of citizenship cases Federal and state courts have “concurrent,” or shared, subject-matter jurisdiction over “federal question” and “diversity of citizenship” cases.

6 Subject-Matter Jurisdiction: State JurisdictionAll cases not falling under Exclusive Federal Jurisdiction State courts have subject-matter jurisdiction over all cases not falling under exclusive federal jurisdiction.

7 The Federal Court SystemThe United States Supreme Court Intermediate Courts of Appeal Federal Trial Courts (U.S. District Courts) The federal court system is a “tri-partite” system consisting of three levels. The U.S. District Courts are the federal trial courts, the intermediate courts of appeal have appellate jurisdiction over all federal trial courts, and the United States Supreme Court has ultimate appellate jurisdiction, with the power to review all lower court decisions.

8 State Court Systems State Supreme Courts Intermediate Courts of AppealState Trial Courts State court systems are also “tri-partite” systems consisting of three levels. The state trial courts have original jurisdiction over all state-related cases, the intermediate courts of appeal have appellate jurisdiction over all state trial courts, and the state supreme court has the power to review all lower court decisions.

9 Threshold Requirements for LitigationStanding (to sue) Case or Controversy (Justiciable Controversy) Ripeness In order to initiate litigation, the plaintiff must have “standing” to sue, there must be a “justiciable” controversy, and the case must be “ripe” for trial.

10 Steps in Civil Litigation: The Pretrial StageInformal Negotiations Pleadings Service of Process Defendant’s Response Pretrial Motions Discovery Pretrial Conference The “pre-trial” steps in civil litigation include informal negotiations, pleadings, service of process, the defendant’s response, pretrial motions, discovery, and the pre-trial conference.

11 Steps in Civil Litigation: The TrialJury Selection Opening Statements Examination of Witnesses and Presentation of Evidence Closing Arguments Jury Instructions The stages of a trial include jury selection, opening statements, the examination of witnesses and presentation of evidence, closing arguments, and jury instructions.

12 Steps in Civil Litigation: Post-Trial MotionsMotion For Judgment In Accordance With Verdict Motion For Judgment Notwithstanding Verdict Motion For New Trial Post-trial motions include the motion for judgment in accordance with the verdict, the motion for judgment notwithstanding (or in spite of) the verdict, and the motion for a new trial.

13 Steps in Civil Litigation:Appellate Procedure Beyond the trial stage, constitutional due process guarantees the right to appeal the lower court decision. The appellant must follow appropriate procedural rules in order to “perfect” (or establish) the appeal.

14 Appellate Court Decision-Making PowersAffirmation Modification Reversal Remand Upon review of a lower court decision, the appellate court has the right to affirm the decision, modify it, reverse it, or remand the case to the trial court level to be re-heard either wholly or partially.