The U.S. Legal System and Court Jurisdiction

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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

Court functions

• Judicial review

• Decide controversies

Alabama courts

http://: judicial.alabama.gov

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

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

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

U.S. Federal Court System

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

Jurisdiction

• "to speak the law"

• authority of court to hear a case

• no jurisdiction, no valid judgment

in personam jurisdiction

•Personal jurisdiction

• physical presence

• minimum contacts

• long-arm statutes

©http://worth1000.com

©http://al.com

in rem jurisdiction

cc licensed ( BY SA ) flickr photo by Ed Schipul: http://flic.kr/p/5QkxhN

subject-matter jurisdiction

• general –most state courts

• limited – federal courts

• federal question

• diversity

–domicile

–$75,000 in controversy

Exclusive Federal • Admiralty • Antitrust • Bankruptcy • Copyright • Trademark • Patents • Federal crimes • Suits v. US

Concurrent • Federal

question • Diversity

Exclusive State • everything

else

State & Federal Jurisdiction

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

cc licensed ( BY ND ) flickr photo by bunnicula: http://flickr.com/photos/bunnicula/1342803599/

cc licensed ( BY NC ND ) flickr photo by Michael Buck: http://flic.kr/p/6JZAU

cc licensed ( BY NC ND ) flickr photo by jimmywayne: http://flic.kr/p/5XP9L3

cc licensed ( BY NC ND ) flickr photo by jimmywayne: http://flic.kr/p/4vcq2f