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