Civ pro outline2[1]

Civ pro outline2[1] - Civil Procedure Outline, 5/12/2009,...

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Unformatted text preview: Civil Procedure Outline, 5/12/2009, Page 1 of 140 S TRUCTURE OF J UDICIAL S YSTEM 2 judicial systems (federal and state) o Federal Court Court of specific jurisdiction Doesnt have jurisdiction unless there is a specific judicial provision to hear the case Fed court can refuse to hear cases even if there is a federal question o Federal question jurisdiction question of federal law Supplemental jurisdiction: can answer questions of state law if there is also a federal question o Diversity jurisdiction parties arent from the same state historical justification worried about judges favoring litigants from their home state o State court Court of general jurisdiction Default in state system is that state court has jurisdiction unless there is a specific legal reason 99% of civil litigation is in state court Federal judiciary is bigger than any individual state judiciary Ex. Michigan 7 Superior Court judges 28 appellate court judges (1 court of appeals and 3 divisions) Several dozen trial court judges H IERARCHY OF C OURTS o Supreme Court Federal 9 justices o Final decision on judicial questions o Appeals Court Federal 13 courts of appeals o 11 geographically (incl. Washington DC) DC circuit (appeals coming out of government agencies) Special circuit (also in DC) for specific topics: intellectual property, tax, etc. Roughly 12 judges/circuit = approx. 150 judges total Circuits arent bound by each others decisions o Trial Court Federal 94 (5 in US territories) States divided by population into districts o Judges appointed for life by President and confirmed by Senate Civil Procedure Outline, 5/12/2009, Page 2 of 140 Roughly 10 judges/district = approx. 900 total After certain age or tenure, judge takes senior status Has decreased case load and less clerks o Specialty Courts : tax, bankruptcy, probate, family Tax: appointed for 15 year renewable term by President Bankruptcy: appointed for 8 year renewable term by majority vote of appellate judges o Magistrates Appendages of federal district courts Magistrates created by statute o Congress authorizes them and gives them money Judges assistant to regular federal district judges Selected by majority vote of judges in a given district Appointed for approx. 6 year terms o Can be reappointed o Stepping stone to federal judge position Hear less important disputes within the case Hear discovery disputes Cant decide dispositive questions about a case o Motions that would dispose of the case, unless the parties consent Judges now ask parties to consent to have magistrates decide dispositive cases or try a case because they are overwhelmed Sometimes resolutions that arent formally dispositive are effectively dispositive Judges increasingly delegating work to magistrate judges (over 50% of all civil casework) o Federal executive branch...
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This note was uploaded on 04/06/2008 for the course LAW 510 taught by Professor Croley during the Summer '06 term at University of Michigan.

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Civ pro outline2[1] - Civil Procedure Outline, 5/12/2009,...

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