Marianne M.

Jennings

BUSINESS
Its Legal, Ethical, and 10th Ed.
Global Environment

Chapter 3
The Judicial System
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Types of Courts
• Trial Courts
– Place where case begins
– Jury hears cases and decides disputed issues of fact
– Single judge presides over case
• Appellate Courts
– Review actions of trial court
– Usually have published opinions for uniformity and
consistency
– No trials held – panel of judges hears case

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How Courts Make Decisions
• Process of Judicial Review (Appellate)
– Determine whether error was made
– Transcript is reviewed
– All other evidence is reviewed
– Parties submit written briefs to
summarize the evidence and issues

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How Courts Make Decisions
• Process of Judicial Review (Appellate)
– Oral arguments may be made before
panel of judges
• Generally three judges, but at U.S. Supreme
Court level it is nine
• En banc : full bench hears case
– Judges vote on whether there is
reversible error
• Error that might have affected the outcome
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How Courts Make Decisions
• Process of Judicial Review (Appellate)
– Possible actions of reviewing court
• Affirm—no reversible error and decision stands
• Reverse—reversible error and decision is reversed
• Remand—error that requires further proceedings
• Modify—change ruling of lower court
– Statutory interpretation
• Courts at appellate level can review statutory
application
• Can determine scope of statute ©2015 Cengage Learning. All Rights Reserved.
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Consider (p. 76)
• The Porch/Stoop and the Law Student
– Is visible drinking on private property covered
by a statute that prohibits public drinking?
– Consider the implications – how far would the
statute go – if you could see through an open
window or open door that someone was
drinking?
– Intent of statute
– Exceptions for neighborhood parties
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How Courts Make Decisions
• Process of Judicial Review
– Judicial review and case precedent—the
doctrine of stare decisis
• Courts will follow previous decisions for
consistency
• Previous decisions are called precedent

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How Courts Make Decisions
• Process of Judicial Review
– Exceptions to stare decisis—when precedent
may not be followed
• Cases are factually distinguishable
• Precedent is from another jurisdiction
• Technology changes
• Sociological, moral, or economic changes
– Interpreting precedent
• The rule of law in the case is the precedent
• Dicta is not the precedent
• Dicta is the discussion of the relevant law
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Parties in the Judicial System
• Plaintiffs
– Initiate the lawsuit
– Called petitioners in some cases
• Defendants
– Alleged to have violated some right of
the plaintiff
– Party named in the suit for recovery

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Parties in the Judicial System
• Lawyers
– Those who act as advocates for plaintiffs and
defendants
– Have fiduciary relationship with clients
– Represent client and see that procedures are
followed
– Privilege exists with client
• Must keep what client tells them confidential
• Exception is advance notice of crime to be
committed ©2015 Cengage Learning. All Rights Reserved.
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Parties in the Judicial System
Plaintiffs – originate suite Represented
Defendants – party from whom plaintiff seeks recovery By Lawyers

INTERNATIONAL LAWYERS

Avocati
Italy Procuratori

Advocate – High Courts

Quebec/France Notaire – Real Property Transactions
Juridique – Legal Counselor

Japan Bengoshi

Great Britain/ Solicitors – Advice, Documents

Canada Barristers – Higher Courts

Rechtsanwalt – Litigator
Germany Rechtsbeistand - Advice

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Parties in the Judicial System
• Judges
– Can control proceedings or outcomes
– Can be elected or appointed
• Trial or Appellate
– Trial Judge presides over trial
– Appellate Judge hears appeal from trial
court

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Parties in the Judicial System
• Name Changes for Parties on Appeal
– Appellant or Petitioner: Party appealing
the lower court’s decision
– Appellee or Respondent: Party who won
below and is not appealing
– Some states reverse the name of the case
on appeal; example: Smith v. Jones -
trial court, Jones loses and appeals;
Jones v. Smith - appellate court
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Jurisdiction
• Jurisdiction is the Authority of a Court
to Hear a Case
• Types of Jurisdiction
– Subject matter jurisdiction is jurisdiction
over the subject matter of the case
– In personam jurisdiction is jurisdiction
over the parties in a case

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Federal Court System

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Federal Court System
• Federal District Court
– General trial court of the federal system
– Subject matter jurisdiction
• When U.S. is a party
• Federal question
• Diversity of citizenship

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Federal Court System
• Limited Jurisdiction
– One issue that arises is what law will be
applied to the case
• Federal courts apply state law, they do not
make up a new system of federal common
law

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Federal Court System
• Specialized Courts—Courts of Limited
Original Jurisdiction
– Tax court
– Bankruptcy court
– Claims Court
– Judge Advocate General (military courts)
– Courts for other agencies
– Court of International Trade

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Structure
• There are ninety-four federal districts
‒ Each state is at least one federal district and
Puerto Rico and DC are also federal districts
(94 courts)
‒ Virgin Islands, Guam, and Northern Mariana
islands also have a federal court
‒ Number of districts per state is determined by
population and case load

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Federal Court System
• Federal District Court Opinions
– Opinions are reported in the Federal
Supplement
• Cite: F.Supp. (F.Supp.2d.)
• Example: National Federation of
Independent Business v. Sebelius, 780
F. Supp. 2d 1307 (N.D. 2011)

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Federal Court System
• Court of Appeals
– Formerly known as U.S. Circuit Court of
Appeals
– Thirteen federal circuits
– Generally a panel of three judges reviews
appeals from Federal District Court
– Opinions found in Federal Reporter
– Cite: F., F.2d or F.3d.
• Brown v Entertainment Merchants Assoc., 556
F.3d 950 (9th Cir. 2010)
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Federal Court System
• Supreme Court
– Must decide to review cases
• Issues writs of certiorari on those cases they
will review-determined by the rule of four
– Has original jurisdiction for
• Disputes between and/or among states
• Charges of espionage or ambassadors and
foreign consuls

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Federal Court System
• Supreme Court
– Nine judges with lifetime appointments
– Opinions reported in:
• United States Reports—official reports
• Citizens United v Federal Election
Com’n, 558 U.S. 310 (2010), 130
S.Ct. 876 (2010), 175 L.Ed.2d 753
(2010)
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State Court Systems

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State Court Systems
• General Trial Court
– Usually called superior, circuit, district,
or county court
– Opinions reported in regional reporters.
• Example: Pacific Reporter, P. or P.2d.
– Opinions also reported in state reporters
• Example: 45 Wash.App. 442, 725 P.2d
1022 (1986)

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State Court Systems
• Lesser Courts
– Small claims: Lesser damage claims, no
Lawyer
– Justice of the Peace courts
• Smaller damage claims
• Lawyers permitted to appear
– Traffic courts: For citations
– Probate courts: For wills, guardianships,
conservatorships, etc.
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Regional Reporter State
Groupings
Pacific (P. or P.2d) Northwestern (N.W. or N.W.2d)
Alaska Iowa
Arizona Michigan
(California) Minnesota
Colorado Nebraska
Hawaii North Dakota
Idaho South Dakota
Kansas Wisconsin
Montana
Nevada Southwestern (S.W. or S.W.2d)
New Mexico Arkansas
Oklahoma Kentucky
Oregon Missouri
Utah Tennessee
Washington Texas
Wyoming

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Regional Reporter State
Groupings
Northeastern (N.E. or N.E. 2d) Southeastern (S.E. or S.E.2d)
Illinois Georgia
Indiana North Carolina
Massachusetts South Carolina
(New York) Virginia
Ohio West Virginia

Atlantic (A. or 2d) Southern (So. or So.2d)

Connecticut Alabama
Delaware Florida
District of Columbia Louisiana
Maine Mississippi
Maryland
New Hampshire Note: California and New York each has
its own reporter system. Source: The
New Jersey national reporter system was developed by
Pennsylvania West Publishing Company. Reprinted
Rhode Island with permission of West Publishing
Company.
Vermont ©2015 Cengage Learning. All Rights Reserved.
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Sample Page of a National
Reporter Case

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State Court Systems
• Venue
– Location of court in the system within a
jurisdiction
– Venue in criminal cases can change from
location of crime to another court if press
coverage is excessive
– Civil venue is often where defendant resides
or where the cause of action occurred

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Personal Jurisdiction

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In Personam Jurisdiction
• Means for Acquiring Jurisdiction
– Property ownership in the state = in rem
jurisdiction
– Volunteer—parties agree to it
– Presence in the state
• Residence
• Corporations incorporated or doing business in the
state
• Minimum contacts - constitutional standards of
contact with a state (“Long-Arm” Statutes)
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Minimum Contacts and Long-Arm
Statutes
• Case 3.1 E & H Cruises, Ltd. v. Baker
(2012)
– How much of a presence did the pirate ship
company have in the United States? What
about the cruise company?
– What happens if the defendant is not required
to come to the United States to defend the suit?
– What are the implications if the company is not
required to come and defend the lawsuit?
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The International Courts
• International Court of Justice (ICJ)
– Part of U.N.
– Jurisdiction is contentious (parties must agree to
submit)
• EU Courts
– Court of Justice of European Communities
– European Court of Human Rights
• Inter-American Court of Human Rights
• Opinion Found in International Law Reports
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The International Courts
• London’s Commercial Court
– Site of many international arbitrations
• Jurisdiction Issues in International
Courts
– Similar to in personam jurisdiction

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The International Courts
• Conflicts of Law
– Court systems vary
– Tort recovery more liberal in U.S.
• No contingency fees allowed elsewhere

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