Taking a Case Through Court. Taking a Case to Court. Taking a Case Through Court. Taking a Case Through Court. Federal Court

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1 normally go to State District Court. Law and Economics-Charles W. Upton normally go to State District Court. The court, with or without a jury, would determine facts and law, and n issue a decision. In general, losing party has right to appeal that decision to Appellate Court. normally go to State District Court. The Appellate court would n review that decision, asking two questions: Was law properly stated? Did judge properly let jury decide facts (or, if he decided it himself, did he have a basis for deciding facts)? Note that this is not same as a new review of facts. The losing party may n appeal to Supreme Court, who has no obligation to hear case. It will generally hear it only if it believes it is important to clarify law. (Death Penalty cases are an common exception). Federal Court When can you go to a Federal Court? Federal Issues. The US is a party. Diversity Cases

2 Butterfield, riding a horse along highway, is somewhat intoxicated and riding hard, runs into construction at 8:00 PM on an August Evening and is thrown from his Horse. He sues under usual Butterfield, negligence riding issue. a horse along highway, is somewhat intoxicated and riding hard, runs into construction at 8:00 PM on an August Evening and is thrown from his Horse. He sues under usual Butterfield, negligence riding issue. a horse along highway, is somewhat intoxicated A person and is liable riding hard, runs into construction for any damages at 8:00 PM on an August Evening caused and by his own thrown from his Horse. negligence. The judge instructs jury that, if a person could have avoided accident, n y should find for defendant. The judge instructs jury that, if a person could have avoided accident, n y should find for defendant. That is, even if Forrester is negligent, Butterfield cannot collect if he is also negligent. The judge instructs jury that, if a person could have avoided The jury finds accident, Butterfield n y is should find for negligent defendant. for riding while That is, even inebriated. if Forrester Thus is negligent, no damages. Butterfield cannot collect if he is also negligent.

3 Butterfield appeals and loses. The court holds that Forrester s negligence is compounded by Butterfield s contributory negligence. Butterfield appeals and loses. The court holds that Forrester s negligence is compounded by Butterfield s contributory negligence. This sets new law. Negligence is cancelled by contributory negligence. Division of Labor The judge finds law (contributory negligence is a defense to negligence). The jury finds fact: riding while inebriated is not ordinary and reasonable care ( reasonable man standard). pace, runs into ass and kills it. pace, runs into ass and kills it. Davies sues.

4 pace, runs into ass and kills it. Davies sues. Note that Mann is negligent, but Davies is also guilty of contributory negligence. The judge orders jury to decide for Davies if y thought Mann could have avoided accident by exercising ordinary care. The jury finds for Davies. The judge orders jury to decide for Davies if y thought Mann could have avoided accident by exercising ordinary This is inconsistent with care. Butterfield v. Forrester The jury finds for Davies. Mann appeals, citing Butterfield. The appeals court rules against Mann, on grounds that Mann could have avoided Thus law of negligence gets modified. Mann appeals, citing Butterfield. The appeals court rules against Mann, on grounds Contributory that Mann could negligence have avoided is a complete bar to recovery Thus unless law of negligence defendant gets had modified. last clear chance to avoid accident and did not take that chance. Is this economic efficiency? Butterfield vs. Forrester Forrester had illegally blocked a public road. Had Butterfield seen accident, damages could have been avoided by going around block. The cost of Butterfield going around block would have been less than cost of accident to Butterfield.

5 A Similar Example You are driving down a one way street, at reasonable speed. I turn into street, driving wrong way. I am clearly at fault, but if you become headstrong and insist on running into me, you cannot sue. A Similar Example You are driving down a one way street, at reasonable You speed. have I turn last into clear street, chance driving wrong to avoid way. accident, and economic efficiency requires I am clearly at fault, but if you become you take it. The last clear headstrong and insist on running into me, chance rule gives you an you cannot sue. incentive to avoid End 2004 Charles W. Upton