Chapter 2

Court is authorized to the kinds hear hear without it

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: hout it, any action taken by court is without without legal effect without Federal Court Jurisdiction Federal q “Federal Question” cases in which the rights Federal or obligations of a party are created or defined by some federal law. defined q “Diversity” cases where: q The parties are not from the same state, The and and q The amount in controversy is greater than The $75,000. $75,000. Diversity – Citizenship Diversity Individual – Individual  state in which she resides state or is domiciled or Corporation –   state of incorporation AND AND state where principal place state of business is located of Can ∆ in State Court get to Federal Court? Federal Removal Venue Venue q Venue is concerned with the most Venue appropriate location for the trial. appropriate q Generally, proper venue is where the Generally, injury occurred. injury “Not another change of venue, counsellor!” Standing Standing q In order to bring a lawsuit, a party must In have “standing” to sue. have q Standing is sufficient “stake” in the Standing controversy; party must have suffered a legal injury. legal §3: State and Federal Court Systems Court Texas Courts Ct. Criminal Appeals Federal Courts Supreme Court Court of Appeals District Court County Court Municipal Court Justice Court U.S. Supreme Court Circuit Courts of Appeals U.S. District Court Appellate Courts Appellate q Middle level of the court systems. q Review proceedings conducted in the Review trial court to determine whether the trial was according to the procedural and substantive rules of law. substantive q Generally, appellate courts will Generally, consider questions of law, but not questions of fact. questions Supreme Courts q Also known as courts of last resort. q The two most fundamental ways to The have your case heard in a supreme court are: are: q Appeals of Right. q By Writ of Certiorari. By Writ Federal Courts Federal q Created by Article III of Constitution q Judges – appointed for life by president Federal Courts of Appeal Federal Hear Cases: q In panels of 3 judges OR OR q En Banc (not favored) En Banc Hearings En Only When: q Consideration by full court is necessary Consideration to secure or maintain uniformity of its decisions decisions OR OR q Proceeding involves a question of Proceeding exceptional importance exceptional United States Supreme Court United q No Right of Appeal No Right q Only application for Only Writ of Certiorari Writ Certiorari Certiorari q Federal question of substantial Federal importance importance q Conflict in decisions of appellate Conflict courts courts Advantages of A.D.R. Advantages q Speed q Privacy q More conducive to compromise; less More adversarial adversarial q Greater control over process q Less expensive q May have arbitrator who is expert Disadvantages of A.D.R. Disadvantages q Give up procedural protections of judicial Give process process q Participation not compulsory & resolution Participation non-binding (except arbitr...
View Full Document

This note was uploaded on 09/17/2013 for the course BLAW 3201 taught by Professor Fry during the Summer '08 term at LSU.

Ask a homework question - tutors are online