Week 3 - AEM 3200 Week 3 US Court Trial Procedures Lecture...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
AEM 3200 Week 3 – US Court & Trial Procedures Lecture Date : Monday, September 15, 2008 Announcements: Reading for Wednesday: Text, 263-259 Case, 16-26 A. U.S Court B. Federal system 1. District Court - the first federal court (trial) to hear a case. a. Court of Federal Claims -located in Washington D.C., this is where you sue the federal government. b. Tax Court and Bankruptcy Court - these are specialty courts with expert judges/they have subject matter jurisdiction. c. Administrative agencies - examples include the IRS, treasury department, they deal with rule making. d. How many district courts are in a given state depends on its size (geographic and population). For example, while Rhode Island and Delaware have one, NYhasfour. 2. Circuit Court of Appeals - appeals from district court comes here. i. There can be up to 23 judges on a circuit court but a case will probably only be presided by three, unless it is deemed to deal with a more important issue. In this case it can have more judges, like 9 or 15. Such a case is said to have been heard" en banc" and the decision of this panel of judges will usually carry more weight. j. The Circuit Court is organized by geographical area much like the District Court, each Circuit is responsible for a handful of states. 3. United States Supreme Court - tile last, highest step for appeals. a. The Supreme Court has 9 justices who hear the cases; these justices will all preside over a case unless any have any previous connection to a case. b. Must file a writ of certiorari to get the Supreme Court to hear your case. About 9,000 cases appear on the docket each year, but less than 100 cases make it through to oral argument. i. Cases can come from the Circuit Courts, or from State Courts. c. In some cases, the Supreme Court acts as with "original jurisdiction"; this is when the Supreme Court acts as a jury as well as a court. i. Examples of the types of cases that "original jurisdiction" would be utilized for are: Impeachment trials, cases involving ambassadors or disputes between two states. H. Federal Court Jurisdiction - when does it have jurisdiction? A. Civil cases involving federal statutes - ex: copyright infringement -> downloading music to violate the Copyright Act. B. Federal criminal prosecutions - when prosecutions involve breaking federal law like kidnapping across state lines or wire fraud across state lines. C. Where the federal government is a party - for example when the government is being sued. D. Diversity jurisdiction - must satisfy these two conditions: 1) At least $75,000 amount in controversy. 1
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
AEM 3200 Week 3 – US Court & Trial Procedures 2) Diversity of citizenship - means that of the two sides in a case (there may be more than one defendant and/or more than one plaintiff) no plaintiff may be from the same state as a defendant. But all defendants (or plaintiffs) collectively may be from the same state.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern