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Unformatted text preview: hout it, any action taken by court is
without legal effect
without Federal Court Jurisdiction
q “Federal Question” cases in which the rights
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,
and q The amount in controversy is greater than
$75,000. Diversity – Citizenship
state in which she resides
or is domiciled
or Corporation –
state of incorporation
state where principal place
of business is located
of Can ∆ in
State Court get to
Federal Removal Venue
q Venue is concerned with the most
appropriate location for the trial.
appropriate q Generally, proper venue is where the
injury “Not another change of venue, counsellor!” Standing
q In order to bring a lawsuit, a party must
have “standing” to sue.
have q Standing is sufficient “stake” in the
controversy; party must have suffered a
legal §3: State and Federal
Appeals Federal Courts Supreme
Appeals District Court County Court
Municipal Court Justice
Court U.S. Supreme
Appeals U.S. District
Court Appellate Courts
q Middle level of the court systems. q Review proceedings conducted in the
trial court to determine whether the trial
was according to the procedural and
substantive rules of law.
substantive q Generally, appellate courts will
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
have your case heard in a supreme court
q Appeals of Right. q By Writ of Certiorari.
By Writ Federal Courts
q Created by Article III of Constitution q Judges – appointed for life by president Federal Courts of Appeal
q In panels of 3 judges
OR q En Banc (not favored) En Banc Hearings
q Consideration by full court is necessary
to secure or maintain uniformity of its
OR q Proceeding involves a question of
exceptional United States Supreme Court
q No Right of Appeal
No Right q Only application for
Writ of Certiorari
q Federal question of substantial
importance q Conflict in decisions of appellate
courts Advantages of A.D.R.
q Speed q Privacy q More conducive to compromise; less
adversarial q Greater control over process q Less expensive q May have arbitrator who is expert Disadvantages of A.D.R.
q Give up procedural protections of judicial
process q Participation not compulsory & resolution
non-binding (except arbitr...
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This note was uploaded on 09/17/2013 for the course BLAW 3201 taught by Professor Fry during the Summer '08 term at LSU.
- Summer '08