Parties in a Law Suit

1
Parties in a Law Suit

• Criminal Case (a crime has been committed)
• Defendant person accused of the crime
• Prosecution government who brought the charges
  (state, city, etc.)

Example People of the State of California,
(Plaintiff), versus Orenthal James Simpson,
(Defendant), Case Number BAO97211, Los
Angeles County Superior Court
2
Parties in a Law Suit Civil Case

• Civil Case (non-criminal case, such as a contract
  violation)
• Plaintiff person who files suit (with a
  complaint)
• Defendant person the complaint or claim is
  against

Example Anderson (Plaintiff) vs. Pacific Gas
Electric (Defendant) Case No C07211 122nd
District Court Orange County, CA
3
How a Case Gets to the Supreme Court

• Case is tried in the court of original
  jurisdiction

4
Dred Scott Case

• Background
• Dred Scott was a slave owned by the Peter Blow
  Family
• Sold to Dr. John Emerson, a military surgeon
• Traveled to Illinois (free state) and Wisconsin
  Territory (free territory) with his master for
  over 12 yrs.
• After returning to Missouri (a slave state) was
  mistreated by Ms. Emerson beaten and imprisoned

5
Dred Scott Case

• Court Actions
• Scott sued Emerson (Scott vs. Emerson) for
  mistreatment in St. Louis County (State) Court
• State Court jury rules for Emerson, but judge
  declares a mistrial on a technicality regarding
  evidence

6
Dred Scott Case

• Court Actions
• Second Trial jury frees Scott because he lived
  in a non-slave area for 12 yrs.
• Emerson (defendant) appeals to Missouri Supreme
  Court
• Missouri Sup. Ct. overturns lower court saying
  Scott is a slave (property) and cannot sue

7
Dred Scott Case

• Federal Court Actions
• Scott files suit in US Federal Circuit Court
  against John Sanford, Emersons brother, a New
  York resident who owns him now (Scott vs.
  Sanford)
• Fed. Court rules against Scott hes property
• Scott appeals to the US Supreme Court

8
Dred Scott Case

• US Supreme Court decision (Scott vs. Sanford)
  1857
• Chief Justice Taney says Scott is
• A slave
• Property
• Not a citizen
• Cannot file a lawsuit
• Also said Missouri Compromise prohibiting slavery
  in the territories was unconstitutional

9
How a Case Gets to the Supreme Court (review)
Second Trial Scott vs. Emerson Missouri State
Circuit Court (Scott wins set free)
Original Trial Scott vs. Emerson Missouri State
Circuit Court (Scott loses but mistrial Is
declared)
Emerson Appeals to State Supreme Court Emerson
vs. Scott Missouri State Supreme Court (Scott
loses slave status again)
Scott appeals to US Supreme Court Scott vs.
Sanford Court finds Scott a slave/property and
therefore cannot sue
Scott sues in Federal Circuit Court Scott vs.
Sanford (Scott loses, hes a slave and property
cant sue)
How would the Supreme Court case have been styled
if Sanford brought the appeal?
Sanford vs. Scott
10
How the Supreme Court decides to hear a case

• Party making the appeal or the lower court
  petitions the Supreme Court
• Over 8,000 a year
• Supreme Court votes whether to look at a case
• Rule of four 4 of 9 judges agree to hear it
• Supreme Court issues a Writ of Certiorari
  directing the lower court to send up the record
• Less than 100 cases a year