Fall, Court Systems 9/4/17. The Parties. Becoming a Federal Judge. Senate Judiciary Committee 60 votes for Closure (?) Senate Advise and Consent

Transcription

1 Fall, E1 17 Court Systems The Parties Plaintiff Defendant Petitioner Respondent Appellant Respondent Becoming a Federal Judge President Nominates Senate Advise and Consent Senate Judiciary Committee 60 votes for Closure (?) Simple Majority for Consent Serve for life (good behavior) 1

2 Definition of Jurisdiction! Broad legal term that means the power or authority of a court to hear and decide a dispute or controversy as well as its authority to bind parties in the action. Original and Appellate Jurisdiction ORIGINAL Power of court to commence action APPELLATE Power of court to hear an appeal (a challenge to the decision of the lower court made to a higher court) Original and Appellate Jurisdiction! Difference! One starts and tries cases! One hears appeals! Courts with Original Jurisdiction! Must gather the facts! Must make decision based on the facts and the law 2

3 Original and Appellate Jurisdiction! Decisions in courts with Original Jurisdiction! Motions:! Grant or denied! Trials:! Civil: Liable or Not Liable! Criminal: Guilty or Not Guilty Original and Appellate Jurisdiction! Courts with Appellate Jurisdiction! Must use the facts from the trial court! Issue: Did the court trial court get the law right?! However:! Trial courts have discretion! Appellate court will look to see if the judge made the decision within the bounds of law.! NOT whether the appellate court agreed. Original and Appellate Jurisdiction! Courts with Appellate Jurisdiction:! When a court makes an error in the law, the court has to determine whether that error was harmless.! Harmless errors will not cause a reversal. 3

4 ! Criminal Types of Cases! Civil! Torts! Divorces! Breach of Contracts! Real Property! Family! Wills, Trusts and Estate! Claims against the State Exclusive and Concurrent Jurisdiction EXCLUSIVE CONCURRENT Only court that can hear this type of case This court as well as other courts can hear this type of case. General and Specific or Limited Jurisdiction GENERAL LIMITED or SPECIFIC Can hear any type of case Can only hear a certain type of case (listen to the name of the court) 4

5 Federal Court Jurisdiction! The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.! Article III, U.S. Constitution United States Supreme Court! Nine justices! appointed for life by President! with advice and consent of the Senate.! Chief Justice of the United States has administrative duties:! Supreme Court and! Entire federal court system.! Circuit Justices.! Each Justice is in charge of a United States Circuit United States Supreme Court! Each Justice is in charge of a United States Circuit! John G. Roberts, Jr., Chief Justice: 4 th, DC & Fed Circuit! Anthony M. Kennedy, Associate Justice: 9 th Circuit! Clarence Thomas, Associate Justice: 11 th Circuit! Ruth Bader Ginsburg, Associate Justice: 2d Circuit! Stephen Breyer, Associate Justice: 1 st Circuit! Samuel A. Alito, Jr., Associate Justice: 3d and 5 th Circuit! Sonia Sotomayor, Associate Justice: 10 th Circuit! Elena Kagan, Associate Justice: 6 th & 7th Circuit! Neil Gorsuch, Associate Justice: 8 th Circuit 5

6 Supreme Court Members! CJ John Roberts, Jr.! AJ Anthony Kennedy! AJ Clarence Thomas! AJ Ruth Bader Ginsburg! AJ Stephen Breyer! AJ Samuel Alito! AJ Sonya Sotomayor! AJ Elena Kagan! AJ Neil Gorsuch Supreme Court Jurisdiction Which J does the court have?? Original? Appellate? Exclusive? Concurrent? General? Specific or Limited Original and Appellate Jurisdiction ORIGINAL APPELLATE Controversies between States (e.g., NJ v NY [Ellis Island])! Cases from lower courts! Federal law (Statutes and Administrative Law)! Role as final interpreter of US Constitution 6

7 Exclusive and Concurrent Jurisdiction EXCLUSIVE CONCURRENT State v State (e.g., NJ v NY)! Cases on Ambassadors... of foreign states.! US v State! All actions or proceedings by a State against the citizens of another State or against aliens. General and Specific or Limited Jurisdiction GENERAL NONE LIMITED or SPECIFIC! Article III of US Constitution! Statute Getting A Case Before the Supreme Court Appeals The Writ of Certiorari Stay of Execution! Apply to the court! 4 of 9 must vote to hear case Majority (5) to stop carrying out of a lower court decision 7

8 How does the Supreme Court make a decision? After accepting a case... Briefs Amici Curiae Briefs Oral Argument Conference Decision United States Courts of Appeal: 13 Circuits! 12 Geographic Jurisdiction! 1st through 11th! DC Circuit Court! 1 Special Jurisdiction! Court of Appeals for the Federal Circuit The Second Judicial Circuit An Example of a Geographic Circuit! All federal courts within the states of! New York,! Connecticut and! Vermont. 8

9 Court of Appeals Second Circuit! Handles APPEALS from the District and Bankruptcy courts for the! Southern District of New York,! Northern District of New York,! Eastern District of New York and! Western District of New York,! District of Connecticut and! District of Vermont. Court of Appeals Second Circuit Jurisdiction Original Appellate Exclusive Concurrent General Specific or Limited None Yes Appeals from Second Circuit None None Second Circuit Court of Appeals Second Circuit Decision-Making! Currently there are 22 judges! 11 Active Judges appointed for good behavior! 11 Senior Judges! At 65 years old with 15 years of service, they can become Senior Judges;! Their seat becomes vacant! 2 Vacancies 9

10 Decision-Making Sit in Panels 23 Judges Panels of 3 2 is majority After panel decides, losing party can ask for en banc by active Court of Appeals for the Federal Circuit Jurisdiction is Subject-Matter! United States Court of Federal Claims! United States Trademark Trial and Appeal Board! US Board of Appeals & Interferences of US Patent & Trademark Office! United States District Courts (for patent and certain other appeals) Court of Appeals, Federal Circuit! JURISDICTION:! Appellate! Original! Only Court of Appeals that has Original Jurisdiction! EXAMPLE: If a person does not get a patent or trademark from the PTO, after exhausting administrative appeals, they can commence an action in the Court of Appeals for the Federal Circuit 10

11 The District Courts Federal Courts of Original Jurisdiction! 94 District Courts with a total of 646 District Court Judges! 89 Geographic District Courts! 1 DC District Court! 1 Commonwealth of Puerto Rico District Court! 1 Guam District Court! 1 U.S. Virgin Islands! 1 Northern Mariana Islands The United States District Courts Federal Courts of Original Jurisdiction! Trial Courts! Cases start here! Federal cases involving civil, criminal or bankruptcy.! Must involve a federal question Federal Question! In general, federal courts may decide cases that involve the! United States government,! The United States Constitution or federal laws, or! Controversies between States or the United States and foreign governments.! A case that raises such a federal question may be filed in federal court. 11

12 Federal Question Example! A claim by an individual for entitlement to money under a federal government program such as social security,! A claim by the government that someone has violated federal laws, or! A challenge to actions taken by a federal agency. Concept! Three levels of court! Case start in a court with original jurisdiction! May be appealed to the next level up! First appeal usually as of right! Appeal to highest court you need permission Federal Courts! May be appealed to the next level up! If party loses in US District Court, they can appeal to the US Court of Appeals! If a party loses in the US Court of Appeals, they can appeal to the US Supreme Court! If a party loses in the US Supreme Court they cannot appeal 12

13 Federal Courts! First appeal usually as of right! This is the appeal from the US District Court to US Court of Appeals! Appeal to highest court you need permission! To appeal to the US Supreme Court, you need cert (votes 4 of 9 justices). Federal versus State Courts! Federal Courts deal with Federal Questions! Most are state cases! E.g., divorce and child custody matters,! Federal jurisdiction is rarely available in:! probate and inheritance issues,! real estate questions, and! juvenile matters New York Court of Appeals! Highest court.! Final Interpreter of the New York State Constitution! In Albany! Appellate Jurisdiction only. 13

14 Court of Appeals! 7 judges! 1 Chief Judge (Janet DiFiore),! 6 Associate Judges.! Jenny Rivera! Leslie Stein! Eugene Farley! Michael Garcia! Rowan Wilson! Vacancy (Paul Feinman nominated) Court of Appeals! Appointed by Governor! Subject to Senate ratification! 14 year terms.! Must retire at the end of the calendar year where they turn 70 Getting a Case Before The Court of Appeals! Both Criminal and Civil Cases can be appealed from the Intermediate Appeals Court 14

15 Getting a Criminal Case Before The Court of Appeals Capital Appeals go directly to Court of Appeals (Exclusive Jurisdiction) NORMAL APPEALS Need permission from the Court of Appeals OR Need permission from the Appellate Division NY Appellate Division 1) First Department (New York and Bronx counties) 2) Second Department (Queens, Kings, Richmond, Nassau, Suffolk, Dutchess, Orange, Putnam, Rockland, and Westchester Counties). 3) Third Department in Albany 4) Fourth Department in Rochester The Justices They are elected to the Supreme Court in a County and the Governor appoints them to the AD. First Department: Second Department: Third Department: Fourth Department: 18 Justices 20 Justices 9 Justices 11 Justices 15

16 Decision-Making: Panels 4 or 5 Justices 4 is Quorum 3 is needed for a decision Appellate Division Jurisdiction Appellate Jurisdiction Original Jurisdiction! Hear appeals from courts of original jurisdiction! Hear appeals on both the facts and law. Matters regarding the admission and supervision of attorneys. Appellate Term! Appellate court allowed for by law and serving at the pleasure of the AD.! Panels! Only the 1st and 2nd Departments have them! Composed of justices of the Supreme Court chosen by the Chief Administrator of the Courts with approval of the presiding justice of the Appellate Division.! Appeals from Criminal Court and Civil Court! They sit in panels of 3;! Two needed for decision 16

17 1. Supreme Court 2. Surrogates Court 3. Family Court 4. Court of Claims 5. NYC Civil Court 6. NYC Criminal Court Trial Courts in New York The Supreme Court! A single court with statewide jurisdiction with a branch in each county (62).! Justices are elected for 14 year terms! In many counties, divided into areas of law:! Criminal Term! Civil Term Supreme Court Jurisdiction! It can hear all cases in the state except actions against the state (belongs to the Court of Claims).! CONCURRENT. It has concurrent jurisdiction with most other trial courts! EXCLUSIVE. It has exclusive jurisdiction over matters dealing with the termination of marriage. 17

18 Typical Case in the Supreme Court! Criminal felony case of murder, burglary, grand larceny, and/or rape.! Civil case where plaintiff sues defendant for $100,000 for a car accident.! Divorce case on the ground of abandonment. Surrogates Court! In each county.! Judge is called a Surrogate.! Handles all matters concerning! Decedents estates (e.g., Probate of will).! Adoptions.! Elected:! They serve terms of 14 years in NYC;! 10 years elsewhere Family Court! Family court judges serve 10 years.! Elected in every county except the 5 counties in NYC, where they are appointed by the mayor. 18

19 Family Court Jurisdiction! Neglect! Support! Paternity! Adoption (w/ surrogate)! Guardianship! Custody! Juvenile Delinquency! PINS! Family offenses! Conciliation proceedings Family Court Typical Case! A nine year old is charged with murder in the second degree! A mother claims that her ex-lover is the father of her newborn.! A 14 year old refuses to go to school. Court of Claims! EXCLUSIVE JURISDICTION.! Claims against the State.! Judges of the Court of Claims have the sole responsibility for hearing claims brought against the state of New York or certain state agencies.! APPOINTMENT:! Judges are appointed by the Gov. with the advise and consent of the Senate.! 9 year terms. 19

20 Court of Claims Typical Case! A person sues New York for injuries suffered when she slipped on a wet floor in the governor s office. NYC Civil Court! Petty suits (up to $25,000).! CIVIL COURT! Small Claims & Housing. NYC Criminal Court! Misdemeanors AND Petty offenses (up to 1 year in prison)! CRIMINAL COURT! Petty offenses (up to 15 days in prison)! Misdemeanors (up to one year in prison) 20

21 Difference! If NY Supreme Court has jurisdiction over criminal and civil cases, what is the difference between:! NY Supreme Court, Civil Term and NYC Civil Court?! NY Supreme Court, Criminal Term and NYC Criminal Court? Supreme Civil versus Civil Court Supreme Civil Law Suits $0-$25,000 YES YES Law Suits $25,000+ YES NO Termination of Marriage YES NO Supreme Court, Criminal Term versus Criminal Court Trial of Supreme Criminal Felonies YES NO Misdemeanors YES YES Petty Offenses NO YES 21

22 Interaction Between Federal and New York State Courts APPEALS (need Writ of Certiorari) NY Court of Appeals to SCOTUS CERTIFYING QUESTIONS Fed Court (DC or CA) to NY Court of Appeals WRIT OF HABEAS CORPUS Person being held by State to Federal District Court Writ of Certiorari US Supreme Court NOTE: Only if there is a federal question NY Court of Appeals NY Appellate Division NY Supreme Court Interaction Between Federal and New York State Courts APPEALS (need Writ of Certiorari) NY Court of Appeals to SCOTUS CERTIFYING QUESTIONS Fed Court (DC or CA) to NY Court of Appeals WRIT OF HABEAS CORPUS Person being held by State to Federal District Court 22

23 Certifying Questions! Federal courts are sometimes called upon to make decisions on issues that cannot be resolved fully without the determination of questions of New York State s constitutional, common, or statutory law.! The Second Circuit provides for the certification to the NY Court of Appeals unsettled and significant questions of state law that will control the outcome of a federal case.! The NY Court of Appeals then receives briefs and has a hearing. Then it issues their answer to the Second Circuit. Writs of Habeas Corpus What it means What is the purpose Who are the parties What they will argue What is the remedy 23