American Law Chapter 4
U.S. Circuit Court of Appeals
-13 circuits, 12 geographic and the federal circuit -Georgia, Alabama and Florida are in the 11th circuit in Atlanta
Dual Court System
-A court made up of federal and state courts -The judicial branch (federal court system)is established by Article 3 in the constitution -Every State has the sovereign power to create its own courts and each state of the U.S. has exercised this power either by constitutional provisions or by statutory enactments
28 U.S.C. 1441-REMOVAL JURISDICTION:
-A defendant sued in a state court may have a right to have the case removed to the federal district court. -Any civil action brought in a state court that could originally have been filed in a district court is removable. -Thus removal jurisdiction is permissible where a federal question is raised or where the requirements for diversity of citizenship jurisdiction are met.
appellate jurisdiction
-Article 3 Section 2 Paragraph 2 -Set by Congress (Ex party McCradle (1869)) -The authority of a court to review decisions made by lower courts
Original Jurisdiction of the Supreme Court
-Article 3 Section 2 Paragraph 2 and 28 U.S.C. Section 1251 -The authority of a court to hear a case before any other court does. -Suit between states (exclusive) -Ambassador, other Public Ministers and Consuls (concurrent) -Cases in which a state shall be a party (concurrent)
What article and section establishes the supreme court?
-The U.S. Supreme Court is established by Article 3 Section 1 -This provides that the lower federal court are established to be established by Congress
Cheap Escape Co. Inc v. Haddox, LLC (2008)
-The plaintiff-appellant filed suit in the Franklin County Municipal Court against the defendant-appellee for breach of contract and got a default judgement when the defendant didn't answer. -The defendant then asked the municipal court to vacate the judgement because the court lacked jurisdiction. --Because the parties admittedly did not have territorial connections to the Franklin County Municipal Court, the court lacked jurisdiction in this matter. -Although the parties entered into contracts with what appear to be valid forum-selection clauses, such clauses may be used only to choose from among venues that have subject-matter jurisdiction -Litigants cannot vest a court with subject matter jurisdiction by agreement
Cons of a Jury Trial
-They take more time than bench trials and contribute to the contestation of court dockets -Expensive -Juries are known to be unpredictable. Lawyers fight this when selecting jurors -Jurors do not know how to evaluate evidence, because of this rules of evidence and trial procedures have been developed
28 U.S.C 1391-VENUE
-generally exists in the federal district where any defendant resides, if all defendants reside in the same state and where the claim arose or the property is located.
Justiciability Cont'd
1. Actual case of controversy--No advisory opinions nir collusive suits 2.Mootness--The case must not be mute 3. Ripeness--The case must be ripe 4. Political Questions-- The court will not hear cases that involve political questions
Procedural Due Process- Notice by Service of Process
1. Criminal Cases- Indictment or Accusation 2. Civil Cases- Summons and Complaint
Federal Courts of Limited Jurisdiction
1. Military Courts 2. Bankruptcy Court 3. Foreign Intelligence Surveillance Court
28 U.S.C 1254: Cases from Circuit Courts of Appeal
1. Writ of Certiorari (to be informed) 2. Certification
Venue - Corporations
A corporate defendant is subject to suit in any federal district in which it is subject to personal jurisdiction when the suit is filed
Subject Matter Jurisdiction
A court has jurisdiction when it has power over the subject matter of the case
Estabrook v. Mazak Corporation (United District Court for the Northern District of Indian 2017)
A federal court sitting in diversity jurisdiction must apply the substantive law of the state in which it sits
Court
A governmental body that is empowered to resolve disputes according to law. They are created in accordance with constitutional provisions and legislative acts.
In Rem
A state has jurisdiction over property located within the state. The property may be real (land and buildings) or personal (clothes, cars, televisions, checking accounts, antique clocks, etc.).
long arm statute
Allows a state court to exercise its power over a non-resident who was not served with process within the state's boundaries provided that the non-resident has sufficient minimum contacts with the forum state
writ of certiorari
An order issued by an appellate court exercising the court's discretion to hear an appeal and requiring the lower court to send transmit the record of the case for review
28 U.S.C 1257
Cases from State Courts of Final Resort (federal questions only) by Writ of Certiorari
Political Questions
Cases that ... 1. Involve a matter committed by the constitution to a coordinate branch of government or 2. Are not subject to judicially manageable standards
U.S. District Courts
Characteristics -94 federal districts Three Federal District Courts -U.S. District Court for the Northern District of Georgia which is based in Atlanta -U.S. District court for the Middle District of Georgia which is based in Macon -U.S. District Court for the Southern District of Georgia which is based in Savannah
Habeas Corpus
Constitutional protection against unlawful imprisonment
trial courts of general jurisdiction
Courts of general jurisdiction have the authority to hear cases which not significantly restricted and can hear and decide a broad range of cases. In Georgia, the trial level courts of general jurisdiction are called Superior Courts.
28 U.S.C 1332
DIVERSITY JURISDICTION:Established the Diversity and Amount in Controversy Requirements
28 U.S.C 1253
Direct appeals from decisions of three-judge courts
18 U.S.C 3231
FEDERAL CRIMINAL PROSECUTIONS
28 U.S.C 1331
FEDERAL QUESTIONS: The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
Venue in diversity cases
In a diversity case in the federal district in which the defendant is subject to personal jurisdiction at the time the action is filed
Discretionary Jurisdiction and the Rule of Four
In order to hear a discretionary appeal, four justices must vote in favor of granting the petition seeking review -Conflicts among decisions of different lower courts - Improper decision by a lower court -National importance
Intermediate Appellate Court (in some states)
Many states usually require review by an intermediate appellate court before the matter can be heard by the state's court of final resort. In Georgia, the intermediate appellate court is called the Georgia Court of Appeals.
Trials of Limited Jurisdiction
Only have the authority to hear cases that are restricted to certain types of claims such as bankruptcy, probate, petitions or tax claims. In Georgia, examples of trial level courts of limited jurisdiction include State Court, Magistrate Court Juvenile Court, Probate Court and municipal courts
Right to trial by jury
Provides litigants with a choice of trying the case to a single judge or jury of peers. Guaranteed by the 7th amendment
28 U.S.C 1296 Administrative Agency Actions
Review of Certain Agency actions
Appellate Courts
Reviews the decisions of trial courts by considering the proceedings of the trial to determine whether or not the trial court acted in accordance with the law. There are no witnesses or jurors at the appellate level. They do not retry the facts and no new arguments or proof are admitted
In Personam Jurisdiction over Corporations
State incorporated, location of main offices, geographic areas where conduct business, and registered agent for service of process. The mere presence of corporate officers within the forum state
Venue
The Concept that determine the place where judicial authority should be exercised which requires the plaintiff to file the lawsuit in a proper court. -Criminal Cases: County where criminal occurred. -Civil Cases: County where the cause of action arose, the county or district in which the defendant resides, and the county or district in which the plaintiff resides.
28 U.S.C. 1291: Final Decisions of District Courts
The U.S. Court of Appeals shall have jurisdiction of appeals from all final decisions of the district courts of the U.S.
Erie Railroad Company v. Tompkins (1938)
The United States supreme court held that federal questions are governed by federal law and in other cases the substantive law that should generally be applied in federal courts is the law of the state in which the federal court is situated
Venue in federal questions case
The alternative venue is the federal district in which any defendant can be found
Alan Kaye, MD v. Ronald A. Karp (2017)
The assertion of jurisdiction in this forum would not be so unreasonable in light of traditional notions of fair play and substantial justice as to overcome the presumption of reasonableness created by the law firm's minimum contacts with the forum
St. James Apartments, LLC v. Coinmach Corporation (2011)
The court concludes by a preponderance of evidence presented that Nickel is a Florida citizen. It is undisputed that Nickel is the sole managing party of three Plaintiffs. As such, Plaintiffs are deemed Florida for purposes of establishing diversity jurisdiction and diversity jurisdiction is appropriate.
Jury Trial
The decision making functions are divided between the judge and the jury, which provides a safeguard of checks and balances.
Personal Jurisdiction
The establishment of personal jurisdiction is constitutionally required for a court to impose binding liability on a person. If the court lacked in personal over the defendant, however that judgement would be unenforceable.
The Federal Judiciary (Article 3, Section 1)
The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish
jurisdiction
The power and authority of a court to hear and determine the merits of a case/dispute and to grant relief.
State Court System
The power to create courts includes the authority to organize them including the establishment of judgeship and to regulate their procedure and jurisdiction. Although each state has its own structure there is underlying common law heritage.
Justiciability
The requirement that the case must present a real controversy and be appropriate for judicial resolution
Standing
The requirement that the plaintiff have some stake in the outcome of the lawsuit in order to file and maintain the action
State Court of Final Resort
The state's highest court reviews appeals of major questions emanating from the lower state courts, and at the state level its decision is final. In Georgia, the state court of final resort is called the Georgia Supreme Court. In Georgia Appeals from Murder Convictions are appealed directly to the Georgia Supreme Court.
How do appellate courts make their decision?
Their decision is based solely on the theories argued and evidence permitted in the lower court by using only the record of the proceedings in the lower court, the written briefs filed by both parties to the appeal, and the parties' oral arguments given before the appellate judges.They also consider whether a criminal defendant's trial counsel provided effective assistance of counsel.
Trial Court
This court hears and decides controversies by determining facts and applying appropriate rules through the exercise of original jurisdiction.
The Court System in the United States
We have a dual court system in the U.S. where we have a separate judicial system for each of the states and a separate judicial system for the federal government.
Bench Trial
When a case is litigated before a judge instead of a jury. The judge controls the entire trial and determines the outcome
Quasi in Rem (attachment jurisdiction)
When a court uses its in Rem jurisdiction over property to "force" a litigant to appear in court by attaching property that belongs to the litigant. In this way, a court can use in rem jurisdiction to "get around" the fact that it may not have personal jurisdiction over one of the litigants. While the court cannot compel attendance by the litigant it can indirectly do so by forcing the litigant to choose between losing their property and appearing in court.
Land v. Yamaha Motor Corporation 272 F.3d 514
Whether the plaintiff can assert a product liability claim is a matter of Indiana state law
special jurisdiction
court that hears only one specific type of case. E.g., Habeas Corpus, patents, and trademarks.
In Personam
jurisdiction over the person 1.Domicile 2.Consent 3. Presence 4. Long Arm Statutes
