Chapter The U.S Legal System Copyright © 2017 McGraw-Hill Education All rights reserved No reproduction or distribution without the prior written consent of McGrawHill Education Overview • LO3-1: What are the different types of jurisdiction a court must have before it can render a binding decision in a case? • LO3-2: What is venue? • LO3-3: How is our dual court system structured? • LO3-4: What are the threshold requirements that must be met before a court will hear a case? • LO3-5: What are the steps in civil litigation? 3-2 Chapter Hypothetical Case • Sara Burns cares deeply for her best friend Allison Lefevers, even though she does not care for her timidity Last month, Lefevers's co-worker, Thomas Benfield, informed their supervisor that Lefevers had wrongfully taken hundreds of dollars from the company's operational account for her own personal use After an extensive investigation, the company concluded that Benfield's allegations were baseless, originating from ill will between the two co-workers The company allowed Lefevers to keep her job, and terminated Benfield for his wrongful conduct Burns has encouraged Lefevers to pursue a civil action against Benfield for defamation (even though he lost his job, Burns has determined that he is far from "judgmentproof"), but Lefevers has politely declined, saying that she does not want to "fight the fight." Frustrated with her friend's lack of fortitude, Burns plans to file a civil action on behalf of Lefevers, listing her friend as the plaintiff, and Thomas Benfield as the defendant Should she recover a judgment in favor of her friend, and should execution on the judgment be successful, Burns will turn any proceeds over to Lefevers • Can Sara Burns proceed in a civil action against Thomas Benfield on behalf of her friend Allison Lefevers? Why or why not? 3-3 Chapter Hypothetical Case • Officer Brian Perkins was having a difficult Monday morning For the past three hours, he was responsible for serving process in three civil cases (As Chapter indicates, service of process is the procedure by which courts present litigation documents to defendants Those documents typically consist of a complaint, which specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks, and a summons, a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint.) For the first civil case, Merriwether v Alstot, Officer Perkins attempted to serve the defendant Harry Alstott at his home, but no one appeared to be there For the second civil case, Setliff v Sanders, the person answering the door claimed the defendant, Marshall Sanders, did not live there, and that he did not even know who Marshall Sanders was Leaving the premises, Officer Perkins surmised that the residential address indicated on the summons was incorrect Either that, or the person who answered the door was lying For his third attempt at service of process that morning, in a lawsuit captioned Jackson v Graves, Officer Perkins drove to the home of Laticia M Graves at 721 Magnolia Street Officer Perkins knocked on the door of the dilapidated house, and although no one answered the door, a second-story window opened almost immediately A female in the house looked down from her second story vantage point and pointedly asked Officer Perkins, "What you want?" Officer Perkins responded with a question, "Are you Laticia Graves?," to which the woman responded, "Yeah What's it to you?" 3-4 Chapter Hypothetical Case (cont'd) • Officer Perkins asked the not-so-polite occupant to open the door, to which she responded, "I ain't comin' down there, and if you ain't got a warrant, you ain't comin' in." Frustrated, Officer Perkins replied, "Well, I have civil papers to serve you, ma'am, and if you won't come down to get them, I'm going to put them in your mailbox." The response was, "I ain't comin' to the door." Officer Perkins immediately proceeded to the mailbox, and put the complaint and summons in the matter of Jackson v Graves in the box The address on the mailbox indicated 721 Magnolia Street In his notes, Officer Graves wrote that the defendant, Laticia Graves, had been served with process on Monday, September 13, 2015 at 11:47 a.m As he entered his patrol car, Officer Perkins looked backed at the second-story window from which he had received his impolite greeting The woman had since closed the window, and was watching his every move • Did Officer Perkins effectively serve process on the defendant, Laticia Graves? Why or why not? 3-5 Types of Jurisdiction • Original jurisdiction: The power to hear and decide cases when they first enter the legal system • Appellate jurisdiction: The power to review previous judicial decisions to determine whether trial courts erred in their decisions 3-6 Types of Jurisdiction • In personam jurisdiction: The power to render a decision affecting the rights of the specific persons before the court • Subject-matter jurisdiction: The power to hear certain kinds of cases 3-7 Subject-Matter Jurisdiction: Exclusive Federal Jurisdiction • Admiralty cases • Bankruptcy cases • Federal criminal prosecutions • Cases in which one state sues another state • Claims against the United States • Federal patent, trademark, and copyright claims • Other claims involving federal statutes that specify exclusive federal jurisdiction 3-8 Subject-Matter Jurisdiction: State Jurisdiction • All cases not falling under exclusive federal jurisdiction 3-9 Subject-Matter Jurisdiction: Concurrent Federal Jurisdiction • Federal-question cases • Diversity-of-citizenship cases 3-10 What Is Venue? • Venue: The court's geographic location, determined by each state's statutes • Change of venue • When the court location where plaintiff files case is inconvenient to defendant • If defendant believes it will be difficult to select an unbiased jury in present court location 3-11 The U.S Dual Court System • Dual, parallel court structure • Federal • State 3-12 The Federal Court System • Federal trial courts (U.S district courts) • Intermediate courts of appeal • United States Supreme Court 3-13 State Court Systems • State trial courts • Intermediate courts of appeal • Courts of last resort 3-14 Threshold Requirements for Litigation • Standing (to sue) • Case or controversy (justiciable controversy) • Ripeness 3-15 Steps in Civil Litigation: The Pretrial Stage • Informal negotiations • Pleadings • Service of process • Defendant's response • Pretrial motions • Discovery • Pretrial conference 3-16 Steps in Civil Litigation: The Trial • Jury selection • Opening statements • Examination of witnesses and presentation of evidence • Closing arguments • Jury instructions 3-17 Steps in Civil Litigation: Posttrial Motions • Motion for a judgment in accordance with verdict • Motion for a judgment notwithstanding verdict • Motion for a new trial 3-18 Steps in Civil Litigation: Appellate Procedure • Either party or both parties may appeal a judge's decision • Requires a prejudicial error of law • Must file notice of appeal • Appellant must file a brief • Oral arguments • Decision 3-19 Appellate Court Decision-Making Powers • Affirmation • Modification • Reversal • Remand 3-20 Chapter Hypothetical Case • The mayor of Forbes, Mississippi was given video evidence that Brenda Hollingsworth, the town's fire chief, was taking bribes from a company that boards up fire-damaged buildings in return for letting them know first when a fire occurs The mayor demanded her resignation, telling her she would be fired if she did not resign, and drew up an agreement that served as her resignation and also granted her a $4,000 severance package Hollingsworth signed the agreement and accepted the severance package, but then immediately filed a lawsuit in the state court system on the grounds of wrongful discharge and defamation, as the mayor told other members of the town government why Hollingsworth resigned The county court reviewed the suit and dismissed it Hollingsworth appeals the county court's decision to the state appeals court The appeals court reviews the information in the case • Do you believe that Hollingsworth's appeal is groundless? Or will the appeals court hear the case? What is the significance of the facts that she signed the agreement and accepted the severance package, and that the mayor told others about Hollingsworth's transgressions? 3-21 Chapter Hypothetical Case • Defendant John Woodson is an African-American male accused of murdering a white female in an apartment burglary During the jury selection process, Prosecutor Wallace Forbes exercises only two peremptory challenges, excusing from service the only two African Americans in the jury An all-white jury is eventually empanelled, and Defendant Woodson is convicted of first-degree murder, with life imprisonment imposed as punishment After the jury verdict is announced, Prosecutor Forbes is questioned by the local media concerning his exercise of the peremptory challenges Prosecutor Forbes explains that race was not a factor in his decision, but that the two potential jurors were excused "because they have facial hair, and as a matter of practice, I not want individuals with facial hair serving on my jury." Further, Prosecutor Forbes states, "I categorically deny that race played any factor whatsoever in the jury selection process." • On appeal, should the appellate court: 1) deem Prosecutor Forbes's actions reversible error, and remand the case to the trial court level to be retried; 2) vacate (nullify) the jury verdict, and dismiss the charges against Defendant Woodson; or 3) allow the conviction to stand? Should prosecutors be allowed to consider race, gender, and age as factors in the jury selection process? 3-22 ... specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks, and a summons, a court order that notifies the defendant of the lawsuit and explains how and when to respond... who answered the door was lying For his third attempt at service of process that morning, in a lawsuit captioned Jackson v Graves, Officer Perkins drove to the home of Laticia M Graves at 721... • Either party or both parties may appeal a judge's decision • Requires a prejudicial error of law • Must file notice of appeal • Appellant must file a brief • Oral arguments • Decision 3-19