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©2013 Pearson Education, Inc. Publishing as Prentice Hall
“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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©2013 Pearson Education, Inc. Publishing as Prentice Hall
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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©2013 Pearson Education, Inc. Publishing as Prentice Hall
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
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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.
