answer 99 questions
Chapter Three: Judicial System
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Chapter Three: Judicial System
U.S. Constitution Article III, Section 2
Federal Courts
Limited Jurisdiction – only as enumerated in the constitution
Original Jurisdiction – in some cases, must go directly to federal courts
Appellate Jurisdiction – in other cases, may appeal
Congressional Authorization – Congress can authorize
Chapter Three: Judicial System
Subject Matter Jurisdiction – court has to have subject matter over the legal issues in question or it cannot hear the case…
Federal question?
Constitution forms an ingredient of an original cause …
Arises under federal law … where the U.S. Is a party to the case...
Suit arises under the law that creates the cause of action …
LOUISVILLE & N. R. CO. v. MOTTLEY, 211 U.S. 149 (1908), 211 U.S. 149 Facts: Railroad gives free passes to individual for life to settle a lawsuit. Totally unrelated, Congress makes it illegal to give away free train passes. Train company stops giving the free passes.
Sued in Federal Court, Plaintiff’s win and it goes to Supreme Court, which said:
Breach of contract claim, not a federal question: “The object of the suit was to compel the specific performance of (a) contract…” Simply stated, this lawsuit was over a breach of contract.
Court has no subject matter jurisdiction because it is not a federal question
Diversity did not apply either because both parties were from the same state.
Chapter Three: Judicial System
Limitations on Federal SMJ:
The well-pleaded complaint (if its poorly pled, then the case can get tossed): Must explain why the federal court has subject matter jurisdiction. “Plaintiff alleges that this cause of action against Defendant arises under federal law as Defendant violated Plaintiff’s federal rights under HIPPA…”
Substantiality Test: No jurisdiction exists “…when the claim is ‘insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as to not involve a federal controversy.’”
Still must have federal law as the main basis of the “claims”, unless state law claims implicate significant federal issues.
Chapter Three: Judicial System
Diversity of Citizenship - “open … doors to those who might otherwise suffer from local prejudice against out-of-state parties.” Hertz Corp. v. Friend, 130 S. Ct. 1181 (2010).
Plaintiff and defendant – Reside in different states
The amount in controversy is over $75,000
Concurrent jurisdiction: Federal court will have concurrent jurisdiction over some of these matters. (Ex. Ohio Plaintiff gets in car accident with Michigan Defendant in Michigan and damages exceed $75,000. Ohio plaintiff can sue defendant in Michigan state court for negligence, or he can file in Michigan (maybe even Ohio) Federal District court for negligence and the federal court has concurrent jurisdiction with the state court under diversity of citizenship.
Complete diversity of all parties.
Chapter Three: Judicial System
Concurrent Jurisdiction:
The state court can also hear a “diversity” case and when both the federal and state court can hear a case, then concurrent jurisdiction exists
Exclusive Jurisdiction:
When the United States is a party, then the federal courts have exclusive jurisdiction. Also in cases where a state is a party or cases involving ambassadors or other public ministers… then the U.S. Supreme Court has exclusive jurisidiction.... U.S. Const. art. III Sec. 2.
U.S. a party, state a party against another state, ambassadors or public ministers? Three are easy to define – but what is a public minister? Is it relevant today?
Chapter Three: Judicial System
Thirteen (13) Circuit Courts
Multiple Districts within the Thirteen (13) circuits
Example: 6th Circuit comprised of four (4) states: Michigan, Ohio, Kentucky and Tennessee
Nine (9) Districts: Eastern and Western Michigan, Northern and Southern Ohio, Eastern and Western Kentucky and Eastern, Central and Western Tennessee
Appeals Court Location: Cincinnati, OH; so all appeals from the district courts get appealed to the Cincinnati Court.
Comprised of states (50) and territories (Puerto Rico (1st), Virgin Islands (2nd), Guam and Northern Mariana Islands (9th), and Washington D. C.
Includes a Federal Circuit as well as a D.C.
Federal Circuits
Chapter Three: Judicial System
U.S. Supreme Court:
Constitution grant the Supreme Court original jurisdiction in certain matters, as designated by Article III of the Constitution such as when more than one state is a party, or cases involving ambassadors or other public ministers. But, it also allowed Congress to determine whether the jurisdiction would be exclusive or shared…. U.S. Const. art. III Sec. 2.
“In all cases affecting ambassadors, other public ministers and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.”
In 1978, for example, Congress gave the Supreme Court the ability to exercise concurrent jurisdiction with the U.S. District Courts on matters related to cases involving ambassadors… 28 USC Sec. 1251, Public Law 95-393
Chapter Three: Judicial System
Nine (9) Supreme Court Justices, highest ranking in the land.
U.S. SUPREME COURT
AUTHORIZED: NINE (9) JUSTICES
As of August 2, 2016: Eight(8)
13 COURT OF APPEALS
ACTIVE AND SENIOR JUDGES AUTHORIZED: 179
94 DISCTRICT COURTS
AUTHORIZED BUT IN FLUX: 677
Hierarchy (Federal Court System)
Chapter Three: Judicial System
State Courts – Each state is a little different, whereas Louisiana is really different. But the state court systems operate somewhat akin to the federal system with the following hierarchy:
STATE COURTS (HIERARCHY)
STATE SUPREME COURT CITE: OHIO P v. D, 1. Ohio St.3d 10 (2016)
COURT OF APPEALS CITE: OHIO Northwest Ohio P v. D, 6th Dist. No. 16-01-01, 2016-Ohio-1010
COMMON PLEAS CITE: OHIO District (Toledo)
MUNICIPAL SMALL CLAIMS TRAFFIC MISDEMEANORS
Civil law versus Criminal law – and the relevant procedures:
Due process in the 6th, 7th and 14th amendments to the constitution.
Explain?
Chapter Three: Judicial System
Chapter Three: Judicial System
Chapter Three: Judicial System
Federal Court CircuitStates Federal Court Location# of Districts
1st
Maine, New Hampshire, Massachusetts, Rhode Island,
Puerto Rico
Boston, MA5
2ndConnecticut, New York, VermontNew York, NY6
3rdDelaware, New Jersey, Pennsylvania, Virgin IslandsPhiladelphia, PA6
4th
Maryland, North Carolina, South Carolina, Virginia,
West Virginia
Richmond, VA9
5thLouisiana, Mississippi, TexasNew Orleans, LA9
6thKentucky, Michigan, Ohio, TennesseeCincinnati, OH9
7thIndiana, Illinois, WisconsinChicago, IL7
8th
Minnesota, Iowa, Missouri, Arkansas, North Dakota, South
Dakota, Nebraska
St. Louis, MO10
9th
Montana, Idaho, Washington, Oregon, Nevada, California,
Arizona, Alaska, Hawaii, Guam, Northern Mariana Islands
San Francisco, CA15
10thKansas, Colorado, Wyoming, Utah, New Mexico, OklahomaDenver, CO8
11thFlorida, Georgia, AlabamaAtlanta, GA9
D.C. CircuitWashington, D.C.Washington, D.C.1
Federal CircuitWashington, D.C.Washington, D.C.