Court Systems in a Nutshell
...oceeding against you has been filed and has given a certain time period for response to answer and defend the allegations. This gives the court jurisdiction over you. More specifically it is a process where there is a summons and attached to that summons is a complaint (prepared by the plaintiff). If the complaint is not responded to then the defendant loose by default judgment. This summons can be given in one of two ways, mailed or the sheriff gives it personally. This is called in personam jurisdiction, which is jurisdiction over the person. Another type of jurisdiction is in rem jurisdiction, which is jurisdiction over property. In rem jurisdiction is done with notice by publication. This can be commonly found in divorces and land disputes. Then there is quasi in rem jurisdiction, this is a combination of in rem jurisdiction and the proceedings of in personam jurisdiction. The proceeding would be as they are in in personam with the exception of the property being attached to the defendant along with the summons and complaint. It’s done with the notice by publication. This leads into the jurisdiction of the subject matter. This refers to the competency of the court to hear and determine a particular category of cases. Venue is also a component of jurisdiction. Venue refers to a proper place or places where jurisdiction can be established. There are different types of venues. Transitory, which is a venue where a case can be filed in any county. Another venue is the local venue, which says the case can only be filed in the county of where it occurred. Policy Making: Courts play a role in policy making. First, to know what is policy you must know what is law. Law and policy are synonymous. Law can be defined as a policy originating form the litigation of a case or controversy between two or more litigants for the resolution of one or more issues, and the resolution is final. Policy can be defined as the course or direction that the government decides to take as it relates to a particular question, issue, or subject, and becomes law. The law is made by two institutions, the courts and the legislature. This is the courts role in policy making. State and Federal Courts: There is a division of power between state and federal courts. Federal courts have jurisdiction over the state courts, and the state courts have jurisdiction over state issues. The decision by the highest tribunal of a state cannot be reviewed by a federal court unless a federal question arises. A federal question allows federal courts to hear cases that are applied to the Constitution, laws, treaties between foreign countries or Indian tribes, and also diversity of citizenship. Diversity of citizenship is jurisdiction that is given to federal courts when opposing parties are from different states. Jury Trial: The 6th and 7th amendment give the right to a jury trial. The 6th amendment gives the right to a jury trial in criminal cases and implies that the trial will be fair. The purpose of a jury trial is to resolve questions of fact. The 6th amendment was always applicable to the national government, because it’s a God given right. As a result of Powell v. Alabama the 6th amendment became applicable to the states. The 7th amendment provides a right to a jury trial in civil cases, but it’s based upon the amount of controversy. If the amount of controversy is at least $20.00 then it is recognized in common law. Voir Dire means to speak the truth. This refers to the examination used to determine and qualify jurors. Some ways to be exempt from jury duty is if a juror has a preconceived notion of the case or if a juror knows partial evidence. The procedures to disqualify a juror are the preemptory challenge is a challenge which may be made without any specific reason or cause. Challenge for cause is a request to a judge that a prospective juror not be allowed to serve on the jury for some specific cause or reason. Distinctions between Actions of Law and at Equity: There are four distinctions between actions of law and at equity. One is monetary relief, which can only be obtained in the court of equity only in liquidated damages. This has to do with money....