美国民事诉讼管辖权ppt课件

1、Chapter 3 美国民事诉讼管辖权美国民事诉讼管辖权NoImage本章教学安排n学时：10n授课方式：讲课、讨论、模拟法庭n详细安排：8学时授课，布置模拟法庭的预备任务，学生预备4周，用2个学时开模拟法庭。本章教学目的与要求n要求学生能了解并掌握美国法院体系n要求学生学会撰写起诉状，上诉状n要求学生能运用美国民事诉讼程序进展模拟法庭的训练与预备n要求能结合详细美国法律分析详细案例一、一、Court systems in the United StatesnFifty-two separate court systems:nFifty states +the District of Colu

2、mbia+ the federal court system.nThe federal courts are not superior to the state courts.1、Hypothetical state court systemn State Supreme Court State Appellate CourtsState Trial Courts of General JurisdictionState Trial CourtsOf LimitedJurisdictionn New York Civil Court Structure State High CourtCour

3、t(s) of Last ResortCourt of AppealsIntermediate CourtIntermediate Appellate Court(s)Appellate Divisions of the Supreme CourtCounty CourtsTrial CourtCourt(s) of General Jurisdiction Supreme CourtsCounty CourtsSurrogates CourtsFamily CourtsCourt of ClaimsDistrict CourtsNew York City Civil CourtsCity C

4、ourtsTown CourtsVillage Courts总结：总结：A Typical State Court SystemnThree-tiered model:nTrial court-determines both questions of facts and questions of law;nAppellate courtnState supreme courtnUnited States Supreme CourtTrial courts:general and limited jurisdictionnTrial court has original jurisdiction

5、;nGeneral jurisdiction:nLimited jurisdiction: family court; probate court; criminal court; municipal court; small-claims courtAppellate court/courts of appealnAppellate jurisdictionnThe appellate courts look at questions of law and procedure, not questions of fact.2、The Federal Court SystemnThe tria

6、l courts;nIntermediate courts of appeal;nThe US Supreme Court.District CourtsnThe trial court which has general jurisdiction.nEvery state has at least one federal district court within its border.n District courts have original jurisdiction in federal mattersCourts of AppealnCongress has established

7、 12 judicial circuits+the federal Circuit.nThe circuit courts hears only appeals from the district courts located within its respective circuit.Supreme Court of the U.S.n9 judges appointed by the president of the U.S. and confirmed by the Senate.nTrial jurisdiction;nAppellate court-review any case d

8、ecided by any of the federal courts of appeal; cases decided in the state supreme courts that involve the federal Constitution, treaties, or laws.U.S. Supreme Court Justices 二、美国法院管辖权的划分n联邦：有限制的管辖权n州：普通/普遍的管辖权管辖权的根据管辖权的根据nJurisdiction over personnJurisdiction over propertynSubject matter Jurisdictio

9、n(一一)Personal jurisdictionnA court has Jurisdiction over:nany resident of the judicial district even if the or she is temporarily out of the area on a business trip;nAny business within the judicial district, even if the business has its main plant or office elsewhere;nAnyone served with a summons i

10、n the judicial district, unless that persons presence was obtained by fraudulent means;nA court can exercise Jurisdiction over a nonresident person or business by using the long-arm statute: minimum contact; traditional notions of fair play and substantial justice are not offended;.2、Jurisdiction of

11、 Federal Courtsn1.Federal Questions Lawsuits: any case with a legal question that involves the federal Constitution, treaty or Statute.nNo minimum dollar amount in controversy is required when a case involves a federal question.n2.Diversity of Citizenship Lawsuits-Controversies between: n(1)citizens

12、 of different states;n(2)a foreign country as plaintiff and citizens of the same or different states;n(3)citizens of a state and citizens of a foreign country.n(4)amount: over $75,000 or moren(5) excluded a state matter: divorcen(7)which law appliednLandmark case: Erie R. Co. v. Tomplkins, Supreme C

13、ourt of the United States, 1938, 304 U.S. 64, 58 S.Ct.817, 82 L.Ed. 1188.3、Concurrent versus Exclusive JurisdictionnConcurrent jurisdiction:nExclusive Jurisdiction:三、三、Judicial Procedures:nAdversary system;nPlaintiff; defendantnThe judge plays an unbiased and mostly passive role.1. PleadingsnA plead

14、ing is a document written by one of the parties to the lawsuit and sent to the other party and to the court so it can be included in the judges case file, which is a public record.nAny person who is a party to a lawsuit typically has the opportunity to plead his case before a trial court.nComplaint

15、or petitionnAnswer or responsenCounterclaimnReply to counterclaimnCross-claimnAnswer to cross-claimnThird-party complaintnThird-party cessnProcess is a document that comes from the court and is signed by the judge or other judicial official: it is issued, served and filed.n3.Choices avail

16、able after receipt of the Summons and Complaint4.DiscoverynThe process of obtaining information from the opposing party or from witnesses. Discovery includes gaining access to witnesses, documents, records and other evidence.n5.Dismissals and Judgments before trial n6.Pretrial Hearing/Conference7. T

17、he Trialn(1)Jury Selection(2) Opening StatementsnBoth attorneys are allowed to make opening statements concerning the facts that they expect to prove during the trial.(3)Rules of Evidencen-ensure a fair hearingnRules on the admissibility of all evidence, which must be material, relevant, and reliabl

18、e.nCases are decided by both direct and circumstantial evidence.Plaintiffs CasenBurden of proof;nTo witness:Direct examination;Cross-examination;Redirect examination;nWitness normally do not hear each testify to prevent collusion or to prevent the tainting of the evidence being presented.nAfter the

19、last of the plaintiffs witnesses has been examined, the plaintiff rests its case.Defendants CasenDefendants attorney then presents the evidence and witnesses for its case.nDirect examination-cross examination-redirect examination-defendants rests its case.Burden of ProofnThe plaintiff has the burden

20、 of proof.nCivil courts: two standards;nCourts of law:preponderance of the evidence;nCourts of equity:clear and convincing evidence.nCriminal courts: one standard.nBeyond a reasonable doubt(4)Motions for Directed VerdictsnAfter the plaintiffs case has been presented, the defendants attorney may ask

21、the judge to direct a verdict-rarely granted.nAfter the defendants case has been presented, either attorney may move for a directed verdict.nGranted;nDenied-proceeds to a jury verdict.(5) Closing ArgumentnAfter both sides have rested their cases., each attorney presents a closing argument, urging a

22、verdict in favor of her client.nPlaintiffdefendant-plaintiff(6) Jury Instructions and DeliberationsnThe judge instructs the jury in the law that applies to the case.-chargesnThe jury deliberate and deliver a verdict.(7) Jury Verdict and JudgmentnThe jury delivers its verdict;nThe judge sings the doc

23、ument;nThe judgment names the prevailing party and the amount to be paid.(8)Motion for a Judgment Notwithstanding the Verdict/J.N.O.V.nAfter the jury returns the verdict, a motion for a judgment notwithstanding the verdict van be filed with the trial judge to overturn the jurys verdict.(9) Motion fo

24、r a New TrialnAt the end of the trial, the losing party can move to set aside the adverse verdict and to have a new trial.nThe verdict was in error;nDiscovered new evidence;nMisconduct by the participants during the trial;nJudges error.(10) The AppealnA notice of appeal must be filed within the prescribed time.nThe appellantnThe appellee六、The Judiciaryn