Though there may have been error in court below

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though there may have been error in court below Federal Supreme Court gets so many cases, and it is only one court Will take cases that have national significance, and that have a broad meaning across a large area Have to file a writ of cert to go to Supreme Court Writ of cert is a statement to Supreme Court that you would like them to hear your case Also submit other documents, like briefs Every so often, justices get together and vote whether they want to hear a case Whether case is heard depends solely on the vote Going before the Supreme Court is much different from going before any other court Entry level court has a lot of stuff going on Circuit court of appeal has no jury o A bit more calm o More subdued approach, because you’re talking about the law and whether it was applied properly Supreme Court – do same thing as in Circuits Courts, except you have time limit of 40 minutes o You start reading your brief, but soon the justices will ask questions o Different kind of approach, but it’s effective Three levels in state courts (same type of arrangement) o Entry level court PA has specialty courts Above that is the general court General court in PA is court of common pleas o This is where you start o Commonwealth court – appellate division Appellate court o Supreme Court of state
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Since this court just covers the cases in only one state, they tend to be more relaxed about the cases they will here than federal Supreme Court It’s a question of numbers Question that comes up when you’re starting a civil case is, “Where do I start?” o Three fundamental rules Federal law goes to federal court, and state law goes to state court Some federal statutes have concurrent jurisdiction, which gives plaintiff choice of where he or she wants to sue Legislature wants to give plaintiff best chance of getting heard fairly o Thus, most frequently come up in areas of environmental law, and civil rights law Where you are affects what level court you should go to o Sometimes it’s better to go to the federal system, other times to the state court Concurrent jurisdiction says the plaintiff has the choice Defendant doesn’t have much say in this respect Diversity
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  • Fall '08
  • Miller
  • Law, Supreme Court of the United States

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