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“I was never ruined but twice: once when I lost a lawsuit, and once when I won one.”

Voltaire

I. Introduction

Twenty-first century technological advances have provided our students

with all kinds of instant access to information. These devices have provided

the students with a variety of preconceptions.

Among these is the average undergraduate’s notion of how trials are

conducted and the role of attorneys in that process. Invariably these

perceptions center on popular television series such as “Law and Order” and

“Court TV”. This is not all bad. Current media focus on numerous law–

related issues has generated a whole new wave of public interest in the

workings of our legal system. The downside is that the media has created

many myths on the folklore of law and lawyers. In the world of pop culture,

no one knows until the end who really did it until a surprise witness shows

up to identify the bad guy. In more modern versions, the attorney first has a

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business relationship with the client and then proceeds to get him or her

acquitted. Regardless of the outcome, the process is always full of glamour

and intrigue.

The problem is that a trial rarely resembles the goings on found in the

entertainment media. Trials are long, tedious, emotionally and financially

draining processes for all parties concerned. In many ways, a trial represents

a failure by the parties to reach some sort of satisfactory solution of the issue

beforehand. Rarely do the parties actually want to go through a labyrinth of

pleadings, motions, and the like, feeling all the while totally dependent on

the sometimes questionable competence of their attorneys. Unlike the make–

believe world of entertainment, the job of an attorney is to keep his or her

client out of court.

For example, a current local issue is the murder of Garrett Phillips – a 12

year old boy. The suspect, represented by an attorney made the decision to

sue the police department for false arrest. This is a civil case. Somehow the

attorney did not realize that the deposition testimony could be used in a

subsequent criminal prosecution. The attorney would have been wiser to

explain to his client that he should not bring a civil action at all. The

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attorney’s professional advice should anticipate and resolve potential legal

problems before, rather than after, the fact if at all possible.

It is against this backdrop that we should try to present a more realistic

picture of how our system works. We can basically start by discussing how

few controversies actually get to the trial stage and how even fewer of those

are actually reported in the National Reporter System. Additionally, a fair

amount of time should be spent reviewing the growing trend toward

alternative dispute resolution (ADR) mechanisms. Personal experience

examples might be helpful in illustrating the growing trends toward ADR.

To complete the cycle we can then proceed to itemize the key steps used in a

court trial in this chapter and in these that follow.

II. Chapter Objectives

• Describe state court systems – noting how New York State has

slightly different terminology than almost every other state.

• Describe the federal court system.

• List and describe the types of decisions that are issued by the U.S.

Supreme Court.

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• Compare the jurisdiction of state courts with that of federal courts.

• Define personal jurisdiction, standing to sue and venue.

III. Key Question Checklist

• If the dispute or controversy needs to be resolved in a court of law,

which court has jurisdiction?

• Once jurisdiction is established, was the proper sequence of pretrial

steps taken?

• Was the trial sequence properly followed?

• After the trial is completed, are any appeals from the decision

applicable?

IV. Text Materials

One objective of this chapter is to familiarize students with the role of the

major players in those events.

The federal court system and the court systems of the 50 states and the

District of Columbia are the two major court systems in the U.S. Litigation

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is the process of bringing, maintaining, and defending a lawsuit. In addition,

there are a number of alternative dispute resolutions that can be used.

State Court Systems

Limited-Jurisdiction Trial Court – Inferior trial like traffic courts, juvenile

courts, justice-of-the peace courts, probate courts, family law courts hear

specialized matter. Another example of these is the small claim courts that

hear limited dollar amount civil cases.

General-Jurisdiction Trial Court – Courts of Record keep a record of the

testimony and evidence presented at trial for future reference. These courts

hear felony cases, civil cases over a certain dollar amount, and other items.

Intermediate Appellate Court – Courts of Appeal hear appeals from trial

courts, reviewing records of trials for errors without hearing any new

evidence.

Highest State Court – State supreme courts hear appeals from intermediate

state courts and some trial courts, without hearing new evidence.

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New York State Court System

COURT OF APPEALS

APPELLATE DIVISIONS (4 Departments)

1st, 2nd, 3rd and 4th Departments

TRIAL LEVEL and SPECIAL COURTS (In all 62

Counties)

Supreme, County, Family, Surrogate’s

INFERIOR TRIAL COURTS

City Courts, Town Courts, Village Courts, Small Claims,

Housing

Courts and Jurisdiction

Federal Court System

Special Federal Courts – There are six courts of limited jurisdiction: the

U.S. tax court, federal claims court, the Court of International Trade,

bankruptcy court, and the courts of appeals for the armed services and for

veteran’s claims.