1. The American court system
Class 2

2. A federal system of government
The U.S.A. has a federal system of government, with power shared between the (national) federal government and the 50 states
As you are aware, the USA has a federal system of government, with power shared between the national, federal government and the 50 states.

3. The division of power
In the U.S. Constitution (1788) the original 13 states agreed to cede certain limited powers to the federal government
BUT state governments retained:
their own court systems
authority for most criminal and private law
product of history.
original 13 states - former colonies –each had own systems of government, own laws and own independent court systems.
Ratified in 1788, - agreed to join together and to cede certain limited powers to the federal government – generally those which had to be done at a national level, such as defence, or regulating commerce between the states.
However, the states insisted on retaining sovereignty in all other areas. The federal gov only has the powers granted to it, the residual powers remain with the states and the people.
So they retained their own court systems and authority for most criminal and private law.
Most criminal and private law today is still state law.

4. A dual court system
This division of powers also involved a division of judicial authority:
There is significant overlap between the two systems
Federal court system and federal judges
50 different state court systems and 50 sets of state judges
This division of powers also involved a division of judicial authority – led to a dual court system.
There were clearly some issues that could only be dealt with in federal court – for example if there was a dispute between states. There would need to be a federal court to deal with that.
But there were still 50 different state court systems and 50 sets of state judges
It may seem logical for federal courts to deal only with federal law and state courts only with state law…
…BUT this is not the case.
In fact there is significant overlap between the two systems
There is also a third court stsyem operating in the US? Tribal courts - his presentation doesn’t mention tribal courts, you can read about them in the handout. If you have any questions, please do ask.

5. 1. Federal courts
First we will consider the federal court system

6. What cases can federal courts hear?
Subject matter jurisdiction: the authority of a court to hear and decide a particular type of case
Federal courts are courts of limited jurisdiction
Federal subject-matter jurisdiction is defined by the Constitution (Article III) and Congress.
Exclusive federal jurisdiction
Federal questions
“Diversity of citizenship” cases
We’ll begin by talking about federal courts.
What cases can federal courts hear? > What is the jurisdiction of federal courts?
Today we are talking about subject matter jurisdiction, which is the legal authority of a court to hear and decide a particular type of case.
*4. How are federal court jurisdiction and state court jurisdiction defined?
Federal courts have limited subject matter jurisdiction; that is, they are restricted in what cases they may adjudicate and may exercise jurisdiction only if it is specifically authorized.
Their subject-matter jurisdiction is defined by the Constitution (Article III). It has been further refined by Congress – pass laws which limit federal jurisdiction.
State judiciaries have general jurisdiction and may therefore hear any type of case unless there is a statute which specifically denies them jurisdiction.
*5 What three types of cases comprise the subject matter jurisdiction of federal courts?
Exclusive federal jurisdiction
Federal questions
“Diversity of citizenship” cases

7. Exclusive federal jurisdiction
Exists:
when the US is a party
in disputes between states
and in
admiralty cases
bankruptcy proceedings
civil actions involving patent, trademark or copyright infringement
*6 What is exclusive jurisdiction? Do federal courts have exclusive jurisdiction over all the cases they hear?
Exclusive federal jurisdiction > only federal courts can hear that type of case.
Exists only in a limited number of cases:
The US is a party > means that all federal criminal cases are heard in federal courts, as well as civil cases involving the US
in disputes between states (US SC has original jurisdiction in disp between states or between a state and the US)
and in
admiralty cases
bankruptcy proceedings
civil actions involving patent, trademark or copyright infringement

8. Federal question jurisdiction
A federal question : a case “arising under” a federal law, or a treaty, or the U.S. constitution
= Cases in which:
federal law creates the cause of action or
the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.
Most federal questions can also be heard in state courts (= concurrent state court jurisdiction)
Federal courts also have jurisdiction over federal questions > this is federal question jurisdiction
A federal question : a case arising under a federal law, or a treaty, or the U.S. constitution
It seems logical that these can be heard in federal courts
Cases in which:
federal law creates the cause of action (federal law has been violated) or
the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law. > essentially a substantial question of federal law must be resolved in order for the case to be resolved
Unless a federal statute creates exclusive federal jurisdiction, federal questions can also be heard in state courts
Most federal questions can also be heard in state courts (another way of saying that is that there is concurrent state court jurisdiction)

9. Diversity of citizenship jurisdiction
Federal courts can hear civil actions arising under state law, IF:
The parties are citizens of different states, AND
The value of the case EXCEEDS $75,000
Usually, there must be complete diversity
State courts have concurrent jurisdiction for these cases.
The final type of jurisdiction is “diversity of citizenship” jurisdiction
Federal courts can hear civil actions arising under state law, IF:
The parties are citizens of different states, AND
The value of the case EXCEEDS $75,000
Why? (not in book)
When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum
Usually there must be complete diversity > no plaintiff can come from the same state as a defendant.
However, Under the Class Action Fairness Act of 2005, a class action can usually be brought in a federal court when there is just minimal diversity, meaning any plaintiff is a citizen of a different state from any defendant.
Keep in mind, federal courts can hear these cases, but they can also be heard in state courts: State courts have concurrent jurisdiction for these cases.

10. Concurrent jurisdiction
The plaintiff chooses whether to file a complaint in the state or federal courts
If he files in state court; the defendant can have the case removed to the federal court
Occurs in
Diversity of citizenship cases
All federal questions which are not part of the exclusive federal jurisdiction

11. Federal courts - levels
United States Supreme Court
United States Court of Appeals
United States District Courts
United States District Courts
So that is the jurisdiction, but what about the structure of the federal courts?
*Q2. What are the three levels of Article III court? Who hears cases in each of these courts?
There are three levels.
The courts are arranged hierarchically and litigants who are dissatisfied with lower court decisions can appeal to higher courts.
At the bottom are the United States District Courts.

12. U.S. District Courts
Deal with criminal and civil cases at first instance
Parties: U.S. v defendant OR plaintiff v defendant
Trial may be by a judge sitting alone, or a judge and jury
Trial courts – 94 of them around the United States and its territories
They deal with both criminal and civil cases at first instance = courts of original jurisdiction.
Parties: United states v defendant (crim) Plaintiff v defendant (civil)
In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury

13. Federal courts - levels
United States Supreme Court
United States Courts of Appeals
United States District Courts
The next level up is the United States Court of Appeals – note whenever US in front that means it is a federal court

14. U.S. Courts of Appeals
The party who loses in a U.S. District Court has the right to request an appeal.
13 U.S. Courts of Appeals, each of which covers a circuit (e.g. the U.S. Court of Appeals for the Eleventh Circuit)
The party who loses in a U.S. District Court has right to request an appeal.– EXCEPT the prosecutor in a criminal case.
RIGHT to request, not an appeal every time
13 U.S. Courts of Appeals, each of which covers a circuit:
12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states each of those states is divided into districts
One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters
Also review decisions of some federal administrative agencies

15. U.S. Courts of Appeals Parties: appellant v appellee or respondent
Appeals are usually heard by a panel of three judges who hear legal arguments only.
Appeals are usually heard by a panel of three judges who hear legal arguments from the attorneys.
There are no trials in appeal courts
No jury.
No new evidence/no witnesses.
The Court may:
affirm = agree with the decision of the trial court.
reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or
remand = send back to the trial court for further proceedings , for either retrial or resentencing.
(probably with some instructions).
BUT - What happens to the party who loses in the appellate court?

16. Federal courts - levels
United States Supreme Court
United States Court of Appeals
United States District Courts
He might be able to appeal to the US Supreme Court

17. U.S. Supreme Court
The loser in a U.S. Court of Appeals may file a petition for writ of certiorari to the Supreme Court.
If “cert.” is granted, nine Supreme Court Justices hear the appeal.
Parties: petitioner v respondent
The Supreme Court is the court of last resort in all questions of federal law and the U.S. Constitution
The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal
The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%.
How do they choose?
Generally they choose cases which raise very important legal issues. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law (circuit split) or there is a conflict between state court and Supreme Court precedent.
If it does (“cert. granted”) nine Supreme Court Justices hear the appeal

18. Other federal courts
Those are the main federal courts, there are others which you can see on this diagram (p11).
As well as Distrcit Court and US Circuit Courts of Appeal, Article 1 Courts
*3. What are Article I courts?
Courts under the authority of Congress, directly related to powers Congress was granted under the Constitution.
These are courts with more specialized jursidiction to hear specific types of cases.
Judges don’t have the same protections, in many cases their decisions can be challenged in Article Iii courts.
There is no special system of administrative courts. There are many federal departments and agencies which have tribunals as part of their structure. However, these are not courts in the full constitutional sense, and their decisions may be challenged in ordinary civil courts

19. 2. State courts
Q1 What are the different levels of state court?

20. State courts - levels Highest state court
Intermediate appellate courts
Trial courts of general jurisdiction
Trial courts of general jurisdiction
*Q 1. What are the different levels of state court?
If you look at diagrams on p13 and p14 – state court structures vary – can be very simple or complicated.
This is the basic structure, but some states such as NY have a much more complicated system.
At the bottom of the hierarchy are the trial courts
In trial courts of general jurisdiction, a judge hears both criminal and civil trials. The judge may be accompanied by a jury
These have lots of different names depending on the state – they can be called distrct courts, Supreme Courts (New York), circuit courts, courts of common please or something completely different depending on the state. This means that when you are reading a case, you must be careful – look at the name of the court, and if US or United States is in front of it.
These hear civil and criminal cases. Cases are heard by a judge, and there may be a jury.
These are courts of general jurisdiction. - they can hear any kind of case, including federal questions (apart from those which are part of the exclusive federal jurisdiction) and diversity cases.
In some states there are also trial courts of limited jurisdiction (less serious criminal cases, family courts, can include the courts if inferior jurisdiction such as traffic courts, etc.)
Trial courts of limited jurisdiction
Trial courts of limited jurisdiction

21. State courts - levels Highest state court
Intermediate appellate courts
Trial courts of general jurisdiction
Not all states have intermediate appellate courts, but many do.
Where they exist, in general, the losing party has a right to an appeal if he wants one and these courts handle most routine appeals
A panel of two or three judges hear legal arguments.
As in the federal Courts of Appeals there is no jury, and no new evidence.
Trial courts of limited jurisdiction

22. State courts - levels Highest state court
Intermediate appellate courts
Trial courts of general jurisdiction
Trial courts of limited jurisdiction

23. Highest state court
Often appeal to the highest state court is discretionary
This is the court of last resort on questions of the construction of state laws and the state constitution
However, the U.S. Supreme Court can review a decision of the highest state court if it pertains to a federal question.
Often appeal to the highest court is discretionary – generally there is no automatic right of appeal
This is the court of last resort on questions of the construction of the laws and constitution of the state
However, the U.S. Supreme Court can review a decision of the highest state court if ?????? it pertains to a federal question.
This requires the losing party to file a petition for a writ of certiorari to the US Supreme Court

24. 3. Sovereign immunity

25. States and the federal government have sovereign immunity
States cannot be sued by citizens
in federal courts
in state courts without their consent
However, there are important exceptions e.g. for constitutional violations (p3)
The federal government can waive sovereign immunity by statute
A major limit on the power of both state and federal courts is the doctrine of sovereign immunity. Pursuant to the 11th amendment, states cannot be sued by citizens in federal courts.
USSC has held that states can’t be sued in state courts unless the state consents.
However, there are important exceptions to this: for example states can be sued for violations of theor own constitution or the US constitution, and if it has acted in bad faith or in a discriminatory manner.
The federal government also has soverign immunity > can waive this by giving its express consent in a statute
It has done this in many areas, meaning that in many situations it can be sued for injunctive relief and for money damages.
As of now, three major statutes waive the United States’ sovereign immunity and are thus a basis for relief against the federal government. First, in 1976, Congress amended the Administrative Procedures Act to allow the U.S. government to be sued for injunctive relief.23 Second, the Federal Tort Claims Act generally allows the federal government to be sued for the negligent torts of its employees.24 Third, the Tucker Act permits the United States to be sued for breach of contract and other monetary claims not arising in tort.

26. Smalltalk What ………..? Why ………..? When ………..? Where ………..? Who ………..?
How ………..?