american court system bsad 8370 law and ethics. sources of law stare decisis (precedent) common law...
DESCRIPTION
OVERVIEW Federal and State Court Systems Jurisdiction Pleading a Case PetitionTRANSCRIPT
AMERICAN COURT SYSTEM
BSAD 8370Law and Ethics
Sources of Law
• Stare decisis (precedent)• Common Law• Constitutional Law• Statutory Law• Moral dilemmas and conflicts
OVERVIEW
• Federal and State Court Systems
• Jurisdiction• Pleading a Case• Petition
•Cause of Action•Prima Facie Case•Demurrer
U.S. Circuits
United States District Court Federal District of Nebraska
8th Circuit Court of Appeals
United States Supreme Court
Writ of Certiorari
FEDERAL COURT SYSTEM
The 8th Circuit
• Arkansas• Iowa• Minnesota (St. Paul, MN.)• Missouri (St. Louis, MO.)• Nebraska• North Dakota• South Dakota
United States District Court Federal District of Nebraska
8th Circuit Court of Appeals
United States Supreme Court
Writ of Certiorari
FEDERAL COURT SYSTEM
Subject Matter Courts
Administrative Agencies
Douglas County District Court
Nebraska Court of Appeals
Nebraska Supreme Court
NEBRASKA COURT SYSTEM
PARTIES TO A CASE
• Plaintiff• Defendant• Petitioner• Respondent• Appellant• Appellee
TYPES OF CASES
• CIVIL versus CRIMINAL cases• Torts versus crimes• In civil suit, Plaintiff seeks monetary
damages for injuries inflicted by defendant
• In criminal prosecution, the State seeks retribution (fines, incarceration, or death) in order to protect society
Federal Jurisdiction• Federal Question• The United States Constitution has been
violated (e.g., violation of federal civil rights)
• Federal statute has been violated• A treaty is involved• A dispute between or among states• Foreign country defendant
Federal Jurisdiction
• Diversity of Citizenship Jurisdiction
• Plaintiff and Defendant are citizens of different states
• The amount in controversy is $75,000 or more
STATE JURISDICTION
• At the state level, the appropriate court in which to file depends on the subject matter.
• Filing in the wrong place will result in a dismissal.
Types of Jurisdiction
•ORIGINAL versus APPELLATE
Types of Jurisdiction
•CONCURRENT versus EXCLUSIVE
Types of Jurisdiction
•SUBJECT MATTER versus GEOGRAPHICAL
Types of Jurisdiction
•IN PERSONAM •IN REM•QUASI IN REM
Types of Jurisdiction
OriginalAppellateFederal StateSubject MatterGeographicalConcurrentExclusive
In personamIn remQuasi in RemCivil Criminal
In Personam Jurisdiction
• U.S. Constitution mandates that no person can be denied the “due process of the law” (14th Amendment)
• Defendants must be notified of the proceedings against them prior to the commencement of an action
• Service of Process
PROGRESS OF A LAWSUITPlaintiffFiles Petition
Service of Process Praceipe
ANSWER
Reply Discovery Pre-Trial Motions
TRIAL
30 days
InvestigationInterrogatoriesDepositionsWitnessesPhysical Evidence
JUDGMENT
Petition
• The Petition must contain sufficient facts to state a cause of action.
• If the Petition fails to state a cause of action, it will be dismissed
• Failure to state facts upon which relief can be granted, F.R.C.P 12(b)(6) Motion
• DEMURRER (Nebraska) Motion to demur
Answer
• The Answer may generally or specifically deny the allegations
• An answer subjects the defendant to the jurisdiction of the court
• A special appearance attacks the appropriateness of the court’s jurisdiction without admitting jurisdiction
ORDER OF TRIAL• Voir Dire and Selection of Jury• Opening Statements by the Parties• Plaintiff’s Case: Witnesses and Presentation of
Evidence, Direct Examination and Cross-Examination
• Defendant’s Case: Witnesses and Presentation of Evidence, Direct Examination and Cross-Examination
• Closing Arguments• Submission of Case to Jury• Verdict
RECORD