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The US Legal System and Court Jurisdiction

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BUS 263 lecture slides from January 21, 2014.

BUS 263 lecture slides from January 21, 2014.

Published in: Education

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  • 1. The U.S. Legal System and Court Jurisdiction cc licensed ( BY ) flickr photo by David: http://flic.kr/p/2mFyF9
  • 2. Team Quiz • Closed book/closed notes • You may collaborate with your team • You are responsible for the answers on your quiz • You do not have to choose the same answers as your team
  • 3. Court functions • Judicial review • Decide controversies
  • 4. Alabama courts http://: judicial.alabama.gov
  • 5. Alabama trial courts • general jurisdiction • small claims <=$3000; not court of record • district <$10,000, juvenile; no jury trials; not court of record • circuit >$3000, equitable remedy; felonies & misdemeanors
  • 6. Alabama appellate courts • generally questions of law, not fact • Circuit (from district or small claims; trial de novo) • Civil Appeals • Criminal Appeals • Alabama Supreme Court
  • 7. U.S. Federal Court System U.S. Supreme Court: 9 Justices Appeals Courts: U.S. Circuit Courts 11 numbered circuits + D.C. & Federal 179 judges Trial Courts: U.S District Courts 94 districts in U.S. states and territories, 678 judgeships
  • 8. SCOTUS • United States Supreme Court – “We’re not final because we’re right; we’re right because we’re final.” --J. Holmes • • • • discretionary appeals Writ of Certiorari rule of 4 rule of 5
  • 9. Jurisdiction • "to speak the law" • authority of court to hear a case • no jurisdiction, no valid judgment
  • 10. in personam jurisdiction •Personal jurisdiction • physical presence • minimum contacts • long-arm statutes ©http://worth1000.com
  • 11. ©http://al.com
  • 12. in rem jurisdiction cc licensed ( BY SA ) flickr photo by Ed Schipul: http://flic.kr/p/5QkxhN
  • 13. subject-matter jurisdiction • general – most state courts • limited – federal courts • federal question • diversity –domicile –$75,000 in controversy
  • 14. State & Federal Jurisdiction Exclusive Federal • Admiralty • Antitrust Concurrent • Bankruptcy • Federal • Copyright question • Trademark • Diversity • Patents • Federal crimes • Suits v. US Exclusive State • everything else
  • 15. venue • physical location for lawsuit • no constitutional requirement for correct venue • convenience of parties, court, witnesses 1. district where any defendant resides, or 2. district where events occurred, or 3. district with in personam jurisdiction
  • 16. cc licensed ( BY ND ) flickr photo by bunnicula: http://flickr.com/photos/bunnicula/1342803599/
  • 17. cc licensed ( BY NC ND ) flickr photo by Michael Buck: http://flic.kr/p/6JZAU
  • 18. cc licensed ( BY NC ND ) flickr photo by jimmywayne: http://flic.kr/p/5XP9L3
  • 19. cc licensed ( BY NC ND ) flickr photo by jimmywayne: http://flic.kr/p/4vcq2f