Courts That Have the Authority to Review a Decision Made by a Lower Court Are Said to Have

Affiliate 2

Courts

and

Culling Dispute Resolution

Important: � The Power of judicial review is NOT mentioned in the Constitution.� Rather, it was established in the watershed instance of Marbury v. Madison . � In that case, the courtroom stated �Information technology is emphatically the province and duty of the Judicial Department to say what the law is� If ii laws disharmonize with each other, the courts must decide on the operation of each��

The Part of the Courts

As function of government, their office is to interpret the law and to determine whether laws are constitutional.�� This is called judicial review.

Basic Judicial Requirements

Before a lawsuit can be heard , several requirements must be met.

1.                    Jurisdiction

2.                    Venue

3.                    Continuing to Sue

Jurisdiction is the authority of a court to hear and decide a specific action.� It is based on the case of Marbury v. Madison, which basically held that the judiciary had the right and power to determine whether the laws and actions of the other 2 divisions (legislature, executive) are constitutional.

Types of Jurisdiction include:

• Personal Jurisdiction : � The dominance of a court to hear and decide a dispute involving the particular parties earlier it.

• Subject Matter Jurisdiction :� The authority of a court to hear and decide a detail dispute before it.

• Original Jurisdiction :� the authorization of a courtroom to hear and decide a case in the first instance over the authorisation of other courts.� For example, trial courts are courts of original jurisdiction in many cases.

• Appellate Jurisdiction :� the authority of a court to review a prior decision in the same case by some other �lower� courtroom.

Lets look a little closer at some of them:

Personal Jurisdiction

Personal (or in personam ) jurisdiction is a geographic concept.

Courts have personal jurisdiction over persons residing in or doing business organization within a item canton, district, state or country.

All states, including the federal government, have one or more long arm statutes.� These laws dictate under what terms a nonresident person or entity , who would not otherwise be subject to the courts jurisdiction, may nonetheless be required to appear before the court. The classic example is child support nonpayment by an ex-spouse who lives in some other state.� Despite living in this other state, Texas could attain the laggard paying ex-spouse.

The key to whether a nonresident volition be subject to a court�s jurisdiction is the quantity and nature of the nonresident�s contacts with the country within the court sits.� In other words, the concept of minimum contacts, and the stream of commerce notions.

Review Case 2.1, Cole v. Mileti

Discover the consequence is not based solely on �I was �never� in the state� type of reasoning.� In the erstwhile days this might have worked, but not with new technology considerations.

A related concept is jurisdiction over property ( in rem ), where the court has jurisdiction over the belongings within the county, commune or land.

Using in rem jurisdiction, the courts can get quasi in rem jurisdiction over individuals due to their property being in the court�s jurisdiction.

�

Subject Thing Jurisdiction .

A court�s subject field mater jurisdiction is usually divers past the statute or constitution creating the court.

In both federal and state court systems, a trial courts subject area matter jurisdiction may exist limited by:

• The amount in controversy
• The subject of the law arrange
• In a criminal case, if the example is a felony or misdemeanor.

A court limited by one or more of these factors is considered to have limited jurisdiction, otherwise, the court has general (unlimited) jurisdiction. Consider the various special courts, such equally probate, criminal courts, family unit courts, admiralty, patents, etc.

When i or more courts (federal and/or land) have field of study affair jurisdiction over the same dispute, these courts are said to take concurrent jurisdiction.� When a case may be tried just in a certain court (state or federal), the court is said to have exclusive jurisdiction.

Jurisdiction of Federal Courts .

Federal Question Jurisdiction arises if a case involves an alleged violation of the U.s. Constitution, federal statute or regulation, or a treaty betwixt the US and a foreign county( ies).

Variety Jurisdiction of a federal court arises if:

• The corporeality in controversy exceeds $75,000 AND
• The lawsuit is between
• Citizens of different states
• A foreign land and citizens of ane or more than states OR
• Citizens of a state and citizens or subjects of a foreign country.

For purposes of diversity jurisdiction, a corporation is a citizen of both the country of incorporation and the country of its principal identify of business .

Venue and Standing

Jurisdiction deals with whether a court has the authority to hear a case involving specific persons or holding and subject matter.� Two other concepts of importance are venue and standing.� Merely because a courtroom may have jurisdiction dos non mean information technology has venue.

Venue: � within a particular jurisdiction, the well-nigh appropriate location for a trial to be held and from which a jury will be selected.� If I had a wreck in Houston , information technology wouldn�t make much sense to have the trial in El Paso , would it?

Standing to Sue : an individual or entity must take a sufficient stake in the controversy earlier they may bring suit.� This is a legally protected and tangible involvement.

Whether standing exists, in turn, volition depend in role on whether in that location is a justiciable controversy- that is, where information technology is existent and substantial, not moot, hypothetical, or academic.� (In other words, there must be actual damage, not hypothetical damages yet to occur, no thing how likely they might be. ).

Land Court Systems

Basically iii tiered.�� Trial� - � � Appellate - � � Supreme Court

Appellate courts (intermediate and supreme) typically limit their review to questions of law and process, rather than questions of fact, which generally are the domain of the trial courtroom.

TEXAS COURTS AND APPEALS

US Supreme Court

���������������������������� Texas Supreme Court������������������� Texas Courtroom of Criminal Appeals

���������������������������������� CIVIL ���������������������������������������������� criminal

��������������������������������������������������������� Texas Court of Appeals

����������������������������������������������������������������������������������������������������������� Death

������������������������������������������������������������������������������������������������������ Penalty

������������������ County courts at Police/County courts��������������������������� Country District Court

������������������

������������������

������������������ Municipal Courts����������������������������������� Justice of Peace Courts

In full general, the appeals go up to the Texas Ct. of Appeals and then to the Texas Supreme court if a ceremonious action or the Texas Ct of Criminal Appeals if criminal.� If a capital punishment is involved, the appeal is directly to the Texas Ct. of Criminal appeals.

Federal Courtroom Organisation:

Basically 3 tiered . �

The Us District courts are the trial courts, and they embrace a district.

The The states Court of Appeals are divided in 13 courts, Texas is in the v^th Court of Appeals.

The US Supreme Court is the supreme courtroom of the land, fifty-fifty over STATE supreme (or highest) courts.

The U.s. Supreme Court hears appeals based on a writ of certiorari (cert).� In gild to hear the case and have the lower court bring it upwardly, 4 of nine justices must vote to hear it.� If the court doesn�t hear the case does not hateful they corroborate the ruling of the lower court, merely they chose not to review it.

Alternative Dispute Resolution (ADR)

ADR types

• Negotiation - negotiation betwixt the parties, with or without attorney, in an �informal� (nonjudicial) manner.
1. Mini Trial - a trial run where both sides argue the example, and a 3^rd party gives an opinion on who would have won if no agreement has been achieved.
2. Early Neutral Case Evaluation - a 3^rd party is selected to independently evaluate each sides position.� The iii^rd party assesses the strength and weaknesses of both sides, and and so allows for a more efficient negotiation.
3. Summary Jury Trials - Federal courts use this: A jury hears the arguments, and renders a non bounden verdict, but it is a adept indicator of what would happen in trial.� No witnesses are called.
4. Conciliation - 3^rd party attempts to reconcile the differences of the parties.� Usually the 3^rd party gives the sides reconciling ideas.

• Mediation: � non-binding procedure utilizing the services of a neutral 3^rd party to assist negotiations, including evaluating position, clarifying problems. The mediator attempts to determine what each side *really* wants.� Arbitration is not adversarial in nature, rather an effort to detect common ground.

• Arbitration - a binding course of mediation utilizing one person or a panel of 3 persons chosen by the court or agreed among the parties. Usually associated with a certain dollar level of dispute to preclude the courts from beingness jammed with �lesser items�. The arbitrator renders a decision, which is called an honor.� Many contracts today contain a mandatory arbitration clause, which is designed to lower legal fees associated with lawsuits.�

salasnoing1995.blogspot.com

Source: https://www.shsu.edu/~klett/Chapter%202%20BL281%20Judicial%20Review%20new.htm

Share this post