3 Fundamental Areas of Law
~STRUCTURE OF OUR COURT SYSTEMS
~CIVIL LAWSUITS
~ALTERNATIVE DISPUTE RESOLUTIONS
Litigation vs. Alternative Dispute
~Litigator: Lawyer who handles court cases
~Litigation: Process of filing claims in court & going to court (e.g. lawsuit)
~Alternative dispute resolution: Formal or informal process used to settle disputes without
turning to court
– Cheaper + faster than litigation
Court Systems
~The U.S. has 50+ systems of courts
~Nationwide system of federal courts serves the whole country
~Each state has its own court system
State Courts
~Almost all cases start in trial courts w/ 1 judge and often a jury (not always)
~Trial courts is the only court to hear testimony from witnesses and receive evidence
~A trial court determines facts while an appeals court ensures the lower court correctly applied
those facts
Trial Courts
~Here, evidence and testimony are 1st introduced, received, and considered
– They determine the facts of a certain dispute and apply the law given by earlier appellate
court decisions
~Jurisdiction: The authority of a power to hear a case
– Some courts have less jurisdiction while others have the power to hear almost any case
Subject Matter Jurisdiction
~The court has the power to hear a specific type of case (e.g. bankruptcy court can only hear
bankruptcy cases)
~Trial courts of limited jurisdiction
– Hear only certain types of cases
– Small claims court – Jurisdiction over civil lawsuits
– Juvenile court – Hears only cases involving minors
– Probate court – Settling the decision for deceased people
~Trial courts of general jurisdiction
– Hear a very broad range of cases
– Most important court – General civil division (can hear employment issues, foreclosure
on a mortgage, etc.)
~Personal jurisdiction: Legal power to require the defendant to:
– Stand trial
– Pay judgments (pay monetary compensation to winning side ordered by the court)
~Personal jurisdiction exists if:
– The defendant is a resident in the state where the lawsuit is filed
– Summons (court written notice that a lawsuit’s been filed against the defendant) is served
on a defendant
– A long-arm statute applies (a statute that allows a court jurisdiction over a non-resident
defendant of a state who commits an act in the state where the lawsuit is filed such as a
tort, signs a contract, or conducts “regular business activities”)
Appellate Courts
~Reviwes the decisions/facts given by trial courts to see if they’re fair or if any errors of law
were made
~3-4 judges NO JURIES and DO NOT hear witnesses or take new evidence
~Error of Law: Appeals court may require a new trial OR overturn the ruling and reverse the
decision
