Docstoc

jurisdiction

Document Sample
jurisdiction Powered By Docstoc
					  Check Sound


  Check Mike




Time
             Today’s Lecture:




       Jurisdiction and Goals


1. Jurisdiction and the game of
“forum shopping”
2. Legal goals and their procedural
structure
       Lecture Organization:

       • Class Announcements

         • More about the paper
       • Brief Review

       • Getting Perspective

       • Federal Court Jurisdiction

       • Forum Shopping

       • Structuring Goals and Remedies
Time
                Class Announcements


1. First quiz posted tonight
   -- 7 days to take it
   -- assigned readings and the lectures
2. Steelers are still awesome
3. answering student questions
   -- example: “when is the quiz?”
   -- students are charged with course knowledge when
   lectures are online
   -- there is no such thing in my class as “I wasn’t here.” That
   is not only NOT an excuse, it is no longer TRUE.
               Class Announcements


3. Comment repository on online lectures ….
   -- take a look: MyWebsite




                                   Questions?




                                                Time
                 More about the paper


1. neglected to emphasize something important
   -- subject comparison and contrast
   (you want to pick subjects that either make for a good
   comparison, or, at the very least, are not clones of one
   another)
   Interview Paper (example):
       prosecutor and a defense lawyer
       Injury lawyer and an insurance defense lawyer
                   More about the paper


    Observation Paper:
    -- magistrate and trial court hearings
    -- appellate court and trial court (difficult)
    -- jury versus a bench trial?
                                    Questions?
2. Start lining up your subjects. Procrastination kills.




                                                           Time
                       Review


1. The trial court and its power over the record
2. Appellate courts and their power over a form of law called
“precedent”
3. Basic structure of the judiciary
4. Magistrate, petty and “recordless” courts
5. State versus federal court system
6. Court culture



                                                      Time
             Let’s Get Some Perspective


1. We are in the process of learning the rules of monopoly …
2. Being presented with temporal organization ..
   Procedure organized by chronological sequence



What       What                Pretrial
                   Pleadings                  Trial      Appeal
Court?     For?                practice

                        Right             Getting
                  Type of
                        paperwork         information
                  Case,
          Court structure,
         Jurisdiction and                 Settling
         StrategyRemedy
          Organization
          and Culture                     Cases
                                          Frivolous or
                                          deficient
                                          cases
                                                         Time
                        Jurisdiction


1. What is jurisdiction?
    -- the power of the Court to hear a case
2. There are many kinds of cases that can be filed –
    • juvenile, divorce, injury, criminal, misdemeanor, felony,
    bankruptcy, contracts, small claims, big claims, etc., etc.
3. There are rules that determine what court can hear what
case.
… let’s first look at the state system
    State Court
        Trial           Supreme Court
    Jurisdiction


                         Intermediate
                        Appellate Court


                                          Court of General
                                           Felony Trials
Specialized Courts        Trial Court     Jurisdiction –
                                          Bigger Civil Cases
                                          Handles everything
Family Court– (state system)              not specifically taken
                          Magistrate or
Juvenile Court– (state system)            away.
                                          Misdemeanors
                            city courts   Smaller civil cases
                       Jurisdiction


4. Federal Court Jurisdiction …
   -- Federal courts do not hear family law matters
   -- there are two basic kinds of federal court jurisdiction
  Federal Question
                                       Answer:
                                   Question:
                                        Answer:
                                    Question:
   -- very simple: federal courts hear any case that alleges a
                                     Question:
                           What not really. in only to
                                they are not Parties
   violation of federal lawNo,Do kinds handle the same
                              No, they of cases do
                               Do they
                            federalmosthandle only
                              kind of relationship that
                                the courts handle?
                             cases do not have to cross
                                            important
                                 cases concerning the
                            magistrate the country?
                                         court is a federal
                           state borders beforewith
                              cases in subject matter?
                            interstate court
                                      trial
                              court can hear the case
… This is what courts are for!
                                       “Federal Question”
                                   jurisdiction simply means
            State
             Jud
             Leg                  hearing a case that alleges
            Exec
                                 someone broke one of “Uncle
                                          Sam’s” rules.


                      Adjudicate             Jud
                                             Leg
                                         Federal Govt
                                            Exec
            Pass      state law
 • Constitutional violation
            Laws      violations
     (e.g., Abortion)
             Question:
 • Federal criminal law
                                                     Adjudicate
    Give me an example of a                  Pass
 • Discrimination
       federal question …                            fed law
                                             Laws
                                                     violations
     (Civil Rights Act)
                  Jurisdiction


-- However, there is a SECOND kind of federal court
jurisdiction
Diversity Jurisdiction
-- very strange invention
-- you can IMPORT a state law claim into the federal
system if …                     Question:
                                  Question:
   -- the claim appears to be worth $75,000 or more
                               Anyone know
                                what it it work?
   -- not a family law matter;How does is?
                              and
   … COMPLETE diversity of citizenship
                            = “sues”
     What if John and Sally are the plaintiffs?

State-A                      State-B

           John                 Still no diversity
                                No diversity

                                                  Sally
          Bob     Complete diversity




  Complete diversity: all are from plaintiff states,
 If any of the defendantsthe plaintiffs are from one
  state, not have complete diversity
 you doall the defendants are from another
… Major question           If each government has its own
                                        Question:
                                    court system …
                                Why are we allowing one
           State
            Jud
            Exec
            Leg              government to import another’s
                                     rule violations?



                     Adjudicate            Jud
                                           Leg
                                       Federal Govt
                                          Exec
         Pass        state law
         Laws        violations


                                                    Adjudicate
 Avoid “home court                         Pass
                                           Laws     fed law
 advantage”                                         violations
                         Time
                  Forum Shopping


1. Consider these hypotheticals …
    Out-of-state corporation
   -- out of state corporation injures a local citizen
                                          Question:
                                        Question:
                                    girl in the fact that the
   (e.g., a Coke truck hits a littleDoes the city street)
                                         Question:
                           What attitudes might the
                                severe is the jury pool
   -- injuries are particularly How does the community
                                     judge lives in the
                                 Where
                          feel about thisabout this
                            judge have behavior?
                          goingcommunity affect
                                 to be drawn from?
   Out-of-state DUI student     case and why?
                                    anything??
   grandma is walking across the street
   -- hit by a drunk, out-of-state student
   -- she dies
                   Forum Shopping

2. Diversity jurisdiction is designed to give out-of-state litigants
a chance to have a more balanced forum
    (side point: notice that if the adversary system worked like a
                                     illustration
    crystal ball, you wouldn’t need to have this concern)
                           Normal
3. Is this the end of the story, however?
                          intersection
    -- just sue someone from the home state, too
    • The bar who served the student???
                                              Question:
                                            Question: intersection
    • The state or city planners who constructed the
    (negligent design)                   Who else might we
                                    How might good legal
                                          accuse of being
        [note: tell story of West Virginia intersection].
                                   preparation defeat this
                                       responsible for these
                                               rule?
                                                around here. Cross
        [Mention how safe everything looks injuries?
        walks are like end zones].
                Forum Shopping


• negligent snow removal? Failure to police speeders?
Cross walk signal not audible?
• University?
    -- the location of the busses blocked the view
    -- carelessness in where to designate bus stops
    -- poor lighting on the university side of College Ave.
                                     Question:
POINT: find a good faith allegation that you can invent
                                      Notice:
                            What does you have to do
against another in-state defendant, and this have secured
                              Your
yourself “home court advantage” midterm cometh!
                               with getting at the truth?
-- this is perfectly legal, and good plaintiffs lawyers will do it
if it is reasonably possible
                  Forum Shopping


4. Let’s consider the differences between the two fora
   • state court judges and motions for summary judgment
        -- more likely to be denied (good for the plaintiffs bar)
   • federal court jury pool is larger (better for diversity, if that
   helps your case)
   • federal court settlement conference procedures are
   different
   POINT: a good lawyer will evaluate this before picking a
   state or federal forum
   -- this is called “forum shopping”
                  Forum Shopping


5. “Duplicity in legal cause”
   -- where the federal sovereign and the state sovereign have
   the same or similar laws.
                                        Question:
    (the state and federal law prohibits the same thing)
                                 Someone give a victim
                               Let’s say you areme an
   • Civil Rights Laws                     Question:
                                    example of this.
                                of discrimination, which
   POINT: this has
  Note thatbefore you file, youcourt are you going to file
                                are going to do a strategic do
                                 What does this have to
  nothing to do with
   assessment                         in, andthe truth?
                                        with why?.
  diversity jurisdiction!
       -- jury pool better in feds or state? [mention rural county
       attitudes]
       -- which law is potentially more advantageous? [punitive
       damages, attorney fees]
                  Forum Shopping


6. “Multiple Adjudication”
   -- if two sovereigns have the same laws, can you try the
   same case TWICE (once in each forum)?

        Criminal Rule
   Example: drug laws
       -- same “transaction and occurrence”
   “separate sovereign rule”
       -- different sovereigns, same crime, does not violate
       double jeopardy
                               Careful! Old case
              Forum Shopping


-- “Cooperative federalism”
   (divide up the labor: feds take the big fish; states the
   smaller ones)                                  illustration
    State-A
-- change the crime           State-B
   (civil rights violation instead of murder)
                    Mike Vick – facing
                     Question:
    [Rodney King, missing persons case in Indiana]
                    charges in Virginia, too?
                        Answer:
      You are                  And you
             Does this even INVOLVE are
-- Another example:
                No
               the separate sovereign
                               DUI there
      DUI here separate sovereign
                       involved!
    • murder (shooting across state line)
                        rule?
   • DUI laws
   not the same “transaction and occurrence!”
               Forum Shopping


-- the rule for multiple adjudication in civil cases

  Civil Rule
-- “Res Judicata” (claim preclusion)
    1. same claimant against same defendant
    2. first suit ended with a judgment on the merits
    3. involving the same event
-- Therefore, civil parties cannot sue twice.
-- can’t invoke this in criminal cases because the parties
change whenever the sovereign does.
                                                       Time
            Structuring Goals and Remedies


-- so far, we’ve talked about which court to select
-- now we want to talk about something else:
   • why are we doing this in the first place?
   • what is it that we want out of this transaction?
   • What types of rules apply to the kind of thing we want?
-- There are different types of lawsuits, each with distinct
procedure
   Criminal cases, civil cases, equitable remedies, damages,
   etc.
   … let’s take a look …
                                  final
object       label   resolution   order   execution


 The goal
 that we
 want out of
 the litigation
                                   final
object    label       resolution   order   execution


         What we call
         the lawsuit
         that facilitates
         this goal
                              final
object   label   resolution   order   execution


                   How the
                   system will
                   decide who
                   wins or loses
                                 final
object   label   resolution      order        execution


                              What we call the
                              formal court paper
                              granting the relief at
                              the conclusion of
                              the case
                              final
object   label   resolution   order     execution


                                      How the “final
                                      order” is
                                      complied with
                                      (the process
                                      for complying)
                        Good Quiz Question:
                                       final
 object      label       resolution   order         execution
What if someone loses a civil case and has a judgment against
           them. Is it contempt of court not to pay?

 life,       criminal       larger      confinement      sheriff takes
 liberty     case           juries      order            you away

                                             Grants permission
                                    12-person: Felonyare lucky,for
                                                  If you
 Property,    civil        smaller                           writ
                                                   to be they of
                                             youmaybejailed will grant
                                           judgment          execution
 “money”      case         juries 6-person: misdemeanor
                                                  you permission to
                     This = don’t do       Is it. self report options:
                                                  Three basic
 -- prohibition/injunctionis how they take like a license that
                             higher        • injunction
                                 Usually, 6-personsomeone to
                                           enables
“do” or                       bench
               equitable burden physically seize property
 -- mandamus = do    (a) Have sheriff                         Contempt
“not to do” remedy             Question: take your property court
                              trial
                             oflevy
                                 proof     • writ of          of
                                                                  to
                     (b) and
 [example: civil rights bank
                We want someone to take    satisfy the amount
                                           prohibition
                                      No jury
                affirmative steps to do something,
                         Can you give me an
 desegregation] (c) a wage garnishment
                or we want someone to • writ of
                           example of this?refrain             Time
 [explain a “restraining order”] bankruptcy can stop it.
                fromCosts money;
                      doing something mandamus

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:8/24/2011
language:English
pages:32