Disclaimer: This is a test on how the author will take study notes in the future and testing the lay-out of the website. Please do not use the below information or on this website for any subject matters or for use of examinations. Furthermore, the author is not rendered any service in accounting, taxation or similar professional services.
The U.S. Court System
I. Introduction To U.S. Court System
Dual court structure.
52 court systems, one of each of the 50 states, one for the District of Columbia, and the federal system.
Each person is subject to the law of each state with which the person is a resident and federal law.
US Constitution.
No, but such a decision will be considered very carefully by the state court.
Note: A state court decision on a federal question is not binding on a federal court.
The decision by the US court of appeals is not binding on federal district courts beyond the geographical area of the US over which it presides (Circuit).
When questions of the state law come before a federal court and when the parties have differing state citizenship and the case present no federal question.
The federal court must apply state substantive law, including the case law as determined by the state’s high tribunal.
Unless the law of one state requires application of the law of another state.
Full faith and credit clause.
To decide controversies between parties to a lawsuit.
Litigants.
Attorney.
Appellate judges.
Trial judge.
Trial and appeal.
Jurisdiction is the authorized power of a court to hear a case and render a binding decision.
Original jurisdiction.
Question of fact concern what happened.
Question of law concern such issues as the relevance of facts, the admissibility of evidence to prove the facts, the choice of rules of law applicable to the facts, the manner in which the rules of law should be applied, and the sufficiency of the evidence to meet a party’s burden of proof.
Appellate jurisdiction is the authority to review decisions of trial courts or lower appellate courts.
The correctness of findings of law made at the trial level, and the legal sufficiency of findings of fact.
Subject-matter jurisdiction and personal jurisdiction.
Subject-matter jurisdiction is the authority of the court to hear and determine a particular category or type of case.
Personal jurisdiction is the authority of a court to render a judgment in a case that affects the interest of particular persons.
General jurisdiction and limited or special jurisdiction.
A court has the power to hear and decide all controversies involving legal rights and duties.
A court has the authority to hear and decide only those cases that fall within a particular class.
Example: Small claims court.
U.S. district courts.
At least one in each state.
Involve a federal question or that involves a diversity of citizenship.
When the parties are from different states or diversity of citizenship and the dispute involves an amount in controversy exceeding the jurisdictional amount established by the statute.
U.S. courts of appeals.
They are grouped into federal circuits according to their geographic locations. Eleven of the circuits are geographical groupings of states. Another circuit is in the District of Columbia.
The Federal Circuit is a non-geographic circuit that reviews special cases, such as decisions of the U.S Court of International Trade, the U.S Court of Federal Claim, and the U.S Patent and Trademark Office.
It oversees the work of the U.S. district courts in the circuit.
It examines the records of a case on appeal and determines whether the trial court committed reversible error.
Supreme Court of the United States.
Appellate jurisdiction and original jurisdiction.
To review decisions of the U.S courts of appeals and, in some instances, the highest state courts or other tribunals.
Mandatory jurisdiction and discretionary jurisdiction.
Writ of certiorari.
Note: The petition is circulated among the nine justices of the court, of whom at least four must vote in favor of review.
Fewer than 100 cases each year.
U.S Court of Federal Claims, U.S. Court of International Trade, U.S. Tax Court and the U.S. bankruptcy courts.
The U.S. Court of Federal Claims.
U.S. Court of International Trade.
The U.S. Tax Court.
The U.S. Bankruptcy Courts.
- Specialty courts of limited jurisdiction.
- Trial courts of general jurisdiction.
- Intermediate appellate courts.
- The court of last resort (usually called a supreme court).
The principal state trial courts.