Judicial process in the U.S. is a balance between two objectives
To be fair and impartial
To operate efficiently
Judicial process is committed to the adversary system
THE JUDICIARY’S ROLE IN AMERICAN GOVERNMENT
Judicial Review
The process by which the courts examine governmental action for constitutionality
BASIC JUDICIAL REQUIREMENTS
Introduction
Jurisdiction is the power of the court to hear and decide a case
Types of jurisdiction
Subject matter jurisdiction (in rem jurisdiction)
Without subject matter jurisdiction, any action taken by the court has no legal effect
Personal jurisdiction over the parties (in personam jurisdiction)
SUBJECT MATTER JURISDICTION
Federal courts have limited subject matter jurisdiction
State courts have jurisdiction over all state matters
Concurrent jurisdiction exists when a case may go to either a state court or a federal court
Federal jurisdiction
Exclusive federal jurisdiction
Federal criminal prosecutions
Admiralty
Bankruptcy
Antitrust
Patent
Trademark
Copyright
Lawsuits against the United States
Cases from federal statutes
Concurrent federal jurisdiction
Federal question
Cases where federal courts do not have exclusive jurisdiction
Diversity of citizenship
Amount in controversy exceeds $75,000 (may not include attorney or court fees to get to the $75,000)
Case involves one of the following
When all parties of the lawsuit are from different states
When a foreign country brings an action against a citizen of the United States
When the case is between citizens of the United States and a foreign country
Federal court applies substantive state law in the state in which the trial takes place
Exclusive state jurisdiction
Cases not assigned to federal court, states have jurisdiction over all matters
JURISDICTION OVER THE PARTIES
Power of the court to bind the parties to the judgment of the court
Jurisdiction over parties accomplished in three ways
In personam jurisdiction
In rem jurisdiction
Attachment jurisdiction (quasi-in rem jurisdiction)
In personam jurisdiction (personal jurisdiction)
Court obtains jurisdiction over the defendant
By service of process—to deliver a summons
Long-arm statute, if defendant
Has committed a tort within the state
Owns property in state that is subject of the lawsuit
Entered into a contract in the state
Transacted business in state that is subject of the lawsuit
In rem jurisdiction (property jurisdiction)
Court has jurisdiction over property located within the state that is the subject of a lawsuit
Attachment jurisdiction (quasi-in rem jurisdiction)
Jurisdiction over property rather than over a person
Property is not the subject of the lawsuit
Property is located in the court’s jurisdiction
Defendant’s property is seized to obtain payment of a claim against the defendant that is unrelated to the property seized
Venue
The geographical area in which a lawsuit should be brought
Purpose of venue
Regulate the distribution of cases within a specific court system
Identify a convenient forum
Lawsuits need to be initiated in the county in which the property is located, incident took place, etc.
THE COURT SYSTEM
Federal courts set up by Article III of the U.S. Constitution
U.S. District Court
Trial court of the federal system
Every state has at least one district court
Number in state is based on population
Wisconsin has two
Eastern district based in Milwaukee
Western district based in Madison
U.S. Circuit Courts of Appeals
12 judicial circuits
11 are numbered
1 for the District of Columbia
1 for Appeals from the Federal Circuit
Function of court
Examine the record of a case on appeal
To determine whether trial court committed prejudicial error
Error substantially affecting the appellant’s rights and duties
Options available
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