Paralegal Today: Types of Courts

American Court System Structure

• Paralegals must comprehend various court types in the U.S. legal system, including public courts and private dispute resolution mechanisms.
• Alternative dispute resolution (ADR) methods require the assistance of attorneys and paralegals.

Standing to Sue

• Requires a sufficient stake in a matter, with a legally protected, genuine interest.
• Must demonstrate actual harm suffered.
• Can sue for another person’s benefit in certain circumstances.
• The controversy must be justiciable, meaning it must be real and substantial, not hypothetical.

Types of Jurisdiction

• Jurisdiction is crucial for a court to hear a case and can include:
  • Jurisdiction over persons through statutes like the long arm statute.
  • Jurisdiction over property, typically when it is within the state.
  • Jurisdiction over subject matter, determining the type of case a court can hear.
  • Distinction between original jurisdiction (first instance) and appellate jurisdiction (review of lower court decisions).

Federal Court Jurisdiction

• Jurisdiction in federal courts often involves federal questions and diversity jurisdiction.
• Diversity jurisdiction requires parties from different states and an amount in controversy exceeding a statutory limit.
• Courts can have exclusive (only one court can hear the case) or concurrent jurisdiction (multiple courts can hear the case).

Jurisdiction in Cyberspace

• The "sliding-scale" standard allows jurisdiction based on online activities, including:
  • Significant business operations carried out online.
  • Interaction facilitated through a website.
  • Passive advertising represents minimal interaction.
  • Complexities arise with international jurisdiction.

Venue

• Venue determines the proper geographic location for a trial, typically in the county where the lawsuit arises.
• Pretrial publicity may necessitate a change of venue to ensure an impartial jury.

Judicial Procedures

• Judicial procedures are governed by specific procedural rules, notably the Federal Rules of Civil Procedure.
• Each federal court may have local rules, while state rules can vary significantly.
• Procedures differ between civil and criminal cases, influencing case management and resolution.

State Court Systems

• Trial courts are where cases are initially seen, allowing testimonies and holding trials:
  • General jurisdiction courts handle a broad range of civil and criminal cases.
  • Limited jurisdiction courts, such as small claims or municipal courts, manage specific types of disputes.

Appellate Courts

• Appellate courts review appeals primarily focused on questions of law rather than questions of fact.
• Parties typically appeal in cases where there has been a reversible error by trial courts.

This quiz covers the structure of the American court system as outlined in 'Paralegal Today: The Legal Team at Work'. It emphasizes the distinction between public courts and private dispute resolution mechanisms, and the vital role paralegals play in these processes. Understanding these concepts is essential for effective legal assistance.