Chapter 2 notes
Chapter 2 notes BLAW 231
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This 5 page Class Notes was uploaded by Kathleen Notetaker on Sunday September 6, 2015. The Class Notes belongs to BLAW 231 at Missouri State University taught by Nancy Allen in Spring 2015. Since its upload, it has received 23 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Business Law at Missouri State University.
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Date Created: 09/06/15
972015 Chapter 2 The Court System Litigation means lawsuits cases were someone is suing someone else ongoing every day US has 52 separate court systems 1 federal system each state has one 50 one in DC 52 FED MO USSC l has supreme power only if MO supreme Court has a federal question US Ct app MO ct of app l don t retry the case don t go back to the beginning look at questions of law and procedure not questions of fact Trial Court Trial Court If only involves MO then highest level is MO SC Judiciary s Role in American Government a Interpret and apply the law this is whatJudicial Branch does interpret and apply to speci c situations b Judicial Review Judiciary gets to decide if the Executive and Legislative branches actions are constitutional get to say if do something out of bounds if violate constitution act as a check on the other 2 branches i Marbury v Madison 1803 US supreme court established JR ll Basic Judicial Requirements what need to have to hear a case in a court room a Jurisdiction all about power power to hear and decide a case literal meaning from Latin meaning the quotpower to speak the lawquot who or what does this court have power over Has to have jurisdiction over person being sued Defendant or over propertyElTHER OR i Over persons A quotin personamquot over persons over a certain area by living in Green county we abide by Green county court generally limited to area where located 1 Long arm statute gives court jurisdiction over a none resident can exercise jurisdiction based on activities in the state and has to be shown that the defendant had sufficient minimum contact with the state to have that jurisdictions EX contract in a state commit a torte 972015 2 quotminimum contactsquot established in 1945 International Shoe v State of Washington 3 Corporations in the eyes of the law a corporation is a legal person who can sue and be sued corporations can be spread among states so minimum contacts is satis ed if a corp does business in a state if a corp advertisessells products in a state if a corp places its good into the stream of commerce with the intent of it being sold in a state EX little debby cakes with roaches ii Over property quotin remquot jurisdiction over a thing court can exercise jurisdiction over property in the county iii Subject matterjurisdiction limitation on types of cases a court can hear what kind of cases does this court have the power to hear 1 GeneralTrial courts Circuit courts hear criminal civil misdemeanor 2 LimitedProbate court only get to hear cases about dead people s stuff have a speci c subject Federal bankruptcy court only deal with bankruptcy iv Federal jurisdictionhear cases where there is a federal questions or diversity of citizenship 1 Federal Q go to trial court if meet one of these requirements a Is the case based on the US constitution b Is the case based on a treaty with the federal government C Is the case based on a federal statute d If the US is a party to the lawsuit then it is a federal Q 2 Diversity of Citizenship have to have both a Plaintiff and Defendant have to be from different states b Money amount in lawsuit most be greater than 75000 v Removal 1 A case will start at state court and can move to federal court a Nancy v Kardashians vi ConcurrentExclusivejurisdiction vii jurisdiction in cyberspace 1 Doesn t have geographical boundaries that make up typical jurisdiction 972015 2 If only connection someone has to a state is a passive ad does not constitute as sufficient minimum contacts 3 Signi cant interactivity if buy and do business over internet is enough to constitute minimum contacts b Venue i A court can have jurisdiction but not venue ii Refers to the most appropriate location for trial iii Eitheror where incident occurred or where parties reside c Standing before a person can bring a lawsuit to sue they must have standing to sue i Legally protected and tangible interest at stake in the HUgann 1 Buy an SUV has roll over problems break collarbone lhave standing because hurt 2 Can have standing on behalf of another person a Standing on behalf of an injured child ii justiciable Controversy 1 Have to have this means real and substantial not hypothetical or academic a Buy kid happy meal toy hurts kid have standing lll State and Federal Court Systems a Q of Facts v Q of law i Q of facts is at Trial courts ii Q of Law is at appellate courts iii Can appeal to USSC after the MoSC b USSC can review any case decided by US court of appeals and state supreme courts if involve a federal question but don t have to if don t want to i Writ of Certiorari way to get to USSC order from supreme court saying they will review it may deny and usually do IV Judicial Proceedings A Case in Court a Pretrial i Pleadings 1 Complaint n in a civil case filed by plaintiff file in proper venue a Has to contain a statement showing the court has jurisdiction over case has to state facts saying that plaintiff is titled to a remedy and has to state the remedy they are seeking what court should give her b Service of process 972015 i Court must have proof that the defendant has been noti ed of the law suit deliver a copy and a summons 2 Answer A in a civil case respond to allegations either admit or deny them a af rmative defense defendant will admit the to some but say not to blame in all cases b Counterclaim defendant turns the tables on plaintiff change the blame you sue me I sue you back i Reply n ii Discovery parties learn as much as possible about the case before trial get info from witnesses opposing party in order to avoid surprise 1 Depositions sworn testimony can be from a party to a lawsuit or a nonparty witness person being deposed meets with people from both side and is sworn under oath and both ask questions a Let s attorneys know what a person would say at trial b Impeach a witness challenge a witness 2 lnterrogatories written questions from which written answers are prepared and signed under oath sworn only parties to the lawsuit can be served with interrogatories can t serve a nonparty witness trying to nail down speci cs iii Pretrial conference attorneys from both sides judge asks if going to settle or not b Juries i Right to jury trial in civil cases and constitutional right under 7th amendment criminal cases are under the 6th amendment ii Jury selection quotVoir Direquot means on your oath to tell the truth put perspectives under oath and ask questions to see what kind of juror they are going to be and if they are biased 1 Challenges a For cause attorneys go to bench and ask judge if can challenge a juror try to get taken out of jury ex juror read about case in newspaper so is biased b Peremptory just get to get rid of a certain number for no speci c reason because you 972015 think could hurt your case chosen by elimination c The trial i Opening statement each attorney makes a speech to the jury here s what evidence will show plaintiff goes rst ii Presentation of evidence 1 Burden of proof a civil i plaintiff has to prove case by a preponderance of evidence plaintiff has to win through evidence b criminal i has to have beyond a reasonable doubt 2 Evidence rules 3 Exam of witnesses a Direct b Cross iii Closing argument iv Jury instructions tell law that applies to the case v Verdict d Appeal 10 they appeal 910 they ignore no reversing i Appellate process ii Appellate review e Enforcing the Judgment
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