Chapter 3 - The U.S. Court System

Nine Justices

John G. Robert Antonin Scalia (Vacant) Anthony M. Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel A. Alito Jr. Sonia Sotomayor Elena Kagan

District Courts

Each State has its own district court. New York has 4 districts courts. Bronx and Manhattan are part of the southern district. They are the general trial courts in the Federal System. The district court is generally presided over by one judge, although in certain cases, three judges preside.

Court of Appeals

In most cases, appeals go to the Circuit Court of Appeals of the appropriate Circuit. There are 12 of them (11+DC's). At the appellate courts, typically 3 judges near the case; in the district court typically there is only one. In some cases, all of the judges of the circuit will sit en banc to decide a case. The function of the appellate courts if to examine the record of a case on appeal and to determine whether the trail court committed prejudicial error. If so, the appellate will reverse or modify the judgement and if necessary remand it (send it back) to the lower court for further proceeding. If no prejudicial error exists, the appellate court will affirm the decision over the lower courts. NY FALLS IN THE 2nd CIRCUIT; CALI FALLS INTO THE 9th CIRCUIT.

Long-Arm Statute

States have adopted long-arm statutes to expand their jurisdiction reach beyond those persons who may be personally served within the State. This is allowed if the defendant (1) has committed a tort (civil wrong) within the State; (2) owns a property with the State and that property is the subject matter of the lawsuit; (3) has entered into a contract within the State; or (4) has transacted business within the State and that business is the subject of the lawsuit.

Due Process Clause of the Fourteenth Amendment

The Due Process Clause of the Fourteenth Amendment limits the power of a state court to render a valid personal judgement against a nonresident defendant. The Due Process Clause "does not contemplate that a state may make binding a judgement in personam against an individual or corporate defendant with which the state has no contracts, ties or relations". As decided in the Volkswagen case, "a State court may exercise personal jurisdiction over a nonresident defendant only so long as there exists "minimum contract" between the defendant and the forum State'. It acts to ensure that the State do not reach beyond the limits imposed on them by their states as coequal sovereigns in a Federal system. The relationship between the defendant and the forum must be such that it is reasonable.

Stare Decisis

The doctrine of STARE DECISIS presents certain problem when there are two parallel court systems to find out whether it has precedential value or is nearly persuasive. 1. The U.S. Supreme Court has never held itself to be bound rigidly by its own decisions, and lower Federal Courts and State courts have followed that court will respect their own decisions. 2. A decision of the U.S. Supreme Court on a Federal is binding on all other courts, Federal or State. 3. On a Federal question, although a decision of a Federal court other than the Supreme court may be persuasive in a State Court, the decision is not biding. 4. A decision of a State court may be persuasive in Federal courts but it is not binding except in cases in which Federal jurisdiction is based on diversity of citizenship. In such a case the Federal courts must apply State law as determined by the highest State court. 5. Decisions of Federal courts (other than the U.S. Supreme Court) are not binding upon other Federal courts of equal or inferior ranks, unless the latter owe obedience to the deciding court. For example, a decision of the Fifth Circuit Court of Appeals binds district courts in the Fifth Circuit but binds no other Federal court. 6. A decision of a State court is binding upon all courts inferior to it in its jurisdiction. Thus, the decision of the highest court in a State binds all other courts in that State. 7. A decision of a State court is not binding on courts in other states except in cases in which the latter courts are required, under their conflict of laws rules, to apply to the law of the former State as determined by the highest court in that State. For example, if North Carolina court is required to apply Virginia law, it must follow decisions of Supreme Court of Virginia.

Federal Concurrent Jurisdiction

can go to federal or state courts. The two types of concurrent jurisdiction are: FEDERAL QUESTION and DIVERSITY JURISDICTION. A federal question is any case under the Constitution, Statutes, or treaties of the United States - e.g. Constitution, Federal Regulation (Rule 10b-5 34 Exchange act), Federal Statutes. Neither negligence or breach of contract are Federal questions. The second type is diversity of citizenship. There is diversity of citizenship when: 1. the amount in the lawsuit exceeds $75,000; 2. no plaintiff can be citizen of the same State as the defendant. The citizenship of an individual litigant is the State in which the litigant resides or is domiciled, whereas that of a corporate litigant is both the State of incorporation and the State in which its principal place of business is located. Most recently, the principal place of business was replaced by the Nerve Center Test, where there is the most corporate activity and decision making, also known as the Headquarters (Hertz Case).

Exclusive State Jurisdiction

cases involving diversity of citizenship where the amount in controversy is $75,000 or less. In addition, where the federal courts doesn't reach: property, torts, agency, contracts, commercial transactions, and most crimes.

Inferior Trial Courts

decide the least serious criminal and civil matters. Usually, do not keep a complete written record of trial proceeding. Also people might choose to go pro se, which means that they are on their own, without lawyers - usually because the amount of money on the suit is now worth to hire one.

Trial Courts

each State has trial courts of general jurisdiction, which may be called county, district, superior, circuit, or common pleas courts (In New York, the trial court is called New York State Supreme Court, which is the lowest trial court in the State of New York).

Appellate Court

highest state court. Ex.: New York State Court of Appeals

Jurisdiction over the parties - Personal Jurisdiction

is jurisdiction of a court over a defendant that must meet the requirements: (1) by serving process on the party within the court is located. Serve process means to deliver a summons, which is an order to respond to a complaint lodged against a party. (2) it has to be constitutionally properly. Sufficient minimum contacts with the State or by reasonable notification to a party outside the State in those instances where a "long-arm" statute applies. A State may exercise personal jurisdiction over s nonresident defendant who is temporarily present only if the defendant has had "minimum contacts between the defendant and the State", based on the Volkswagen case.

U.S. Supreme Court

once you have a decision from the court of appeals, you might appeal it to the SUPREME COURT. The U.S. Supreme Court consists of nine justices. The Supreme Court has the power to initiate a case (original jurisdiction), but it is not common. Most cases reach the Supreme Court by appeal. Their choice is discretionary writ of certiorari, which means they can choose which cases they want to hear. Out of 7,000 appeals that reach the Supreme Court, only 100-150 are granted. If there is conflict with the same law in different courts of appeals, then the US Supreme Court might intervene.

Subject Matter Jurisdiction

refers to the authority of a particular court to adjudicate a controversy of a particular kind. Federal courts have LIMITED; state courts have it over ALL matters that the Constitution of Congress has not given exclusively to Federal Courts.

Jurisdiction

the power of a court to hear and decide a given case.