Court Hierarchy. Part One: The Court Structure. Federal Court Hierarchy 9/1/17. United States Supreme Court. United States Court of Appeals

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1 C2 Hierarchy Highest First Trial Part One: The Structure Federal Hierarchy United States Supreme United States of Appeals United States District 1

2 New York Hierarchy New York of Appeals New York Division New York Supreme (and other trial courts) New York Hierarchy New York of Appeals New York Term New York City Criminal New York Hierarchy New York of Appeals New York Division New York Term New York City Civil 2

3 Making A Decision! In order to make a decision, the court must follow the law:! Constitutional law! Statutory law! Administrative law! Case law from a court decision! Past case law is precedent! A court when using court decisions to make a current court decision looks at past case law from various courts. 3

4 New York of Appeals! Not all courts are the same or equal. Division Term NY Supreme NYC Crim or Civil What is the Value of that Decision?! Every court decision does two things: 1. It binds both parties to the decisions.! That is, both parties must follow that decision 2. It sets a precedent! It creates a decision that other court must either follow or think about. (1) It Binds Both Parties to the Decisions.! When a court makes a decision, each party is bound by it.! Examples:! Trial motion is granted and an order is issued.! The losing party must follow that court order! hears appeal and reverses! The losing party and the lower court must follow that decision 4

5 (2) It Sets A Precedent! When any court makes a decision, it creates precedent.! Precedent is case law created by previous decision.! Does precedent bind other courts?! In other words, which courts who must follow that decision? Using Case Law! When a party makes an argument through pleadings and/ or oral arguments, the party will use law.! When they use case law, they want to use case law that is mandatory or controlling on the court before it.! In other words, the law they present is law that the court must follow.! If it is not controlling, then the law is persuasive (i.e., not controlling). General Rule for Using Cases! CONTROLLING:! All decisions from court higher in the court hierarchy are controlling on that lower court.! NOT CONTROLLING (Persuasive):! All decisions from a court lower in the court hierarchy are not controlling on that higher court. Highest Intermediate of Original Jurisdiction 5

6 United States Supreme Decisions! The United States Supreme is the final interpreter of the United States Constitution.! If the United States Supreme interprets the Federal Constitution, all courts in the United States are bound by these decisions they must follow that decision US Supreme US of Appeals US District s United States of Appeals Decisions! US of Appeals decisions must follow US Supreme decisions.! If the United States of Appeals renders a decision,! it is controlling on the US District! it is persuasive on the US Supreme US Supreme US of Appeals US District s United States District Decisions! US District s must follow US Supreme and US of Appeals decisions.! If the United States District renders a decision,! it is persuasive on the US Supreme and US of Appeals. US Supreme US of Appeals US District s 6

7 What This Means! If you are drafting a memorandum of law for the US District :! Try to cite! US Supreme ; and! US of Appeals Decisions US Supreme US of Appeals US District s What This Means! If you are drafting a memorandum of law for the US of Appeals:! Try to cite US Supreme Decisions US Supreme US of Appeals US District s New York of Appeals decisions! The New York of Appeals is the final interpreter of New York law, including the interpretation of New York statutes and the New York Constitution. NY of Appeals NY Division NY Supreme 7

8 New York of Appeals decisions! All of Appeals decisions must be followed! by all lower appellate courts ( Division or the Term) and! by all trial courts (courts of original jurisdiction). NY of Appeals NY Division NY Supreme Decisions of intermediate appellate courts! The intermediate appellate courts in New York are! the Division and! the Term. NY of Appeals Division Supreme Term NYC Civil Decisions of intermediate appellate courts! The Division hears appeals from the trial court decisions of NY of Appeals! Supreme,! of Claims,! Family, and! Surrogates.! Term (can). Division Supreme Term NYC Civil 8

9 Decisions of intermediate appellate courts NY of Appeals! The Terms hears appeals from decisions of! NYC Criminal and! NYC Civil. Division Supreme Term NYC Civil Decisions of intermediate appellate courts NY of Appeals! NY of Appeals decisions are controlling on all intermediate appellate courts. Division Supreme Term NYC Civil Decisions of intermediate appellate courts NY of Appeals! Decisions by the Division are controlling on! courts of original jurisdiction and! the Term. Division Supreme Term NYC Civil 9

10 Decisions of intermediate appellate courts! Decisions of the Term are controlling on courts whose decisions are appealed to it! NYC Criminal ; and! NYC Civil. NY of Appeals Division Supreme Term NYC Civil Hierarchy of Authority Between Departments! NY trial courts must follow decisions from the Division.! The Division is divided geographically into 4 Departments.! First Department! Second Department! Third Department! Fourth Department What Happens When Two Departments Disagree With Each Other?! Is that possible?! Yes, each Department must follow the court of Appeals, BUT each Department does not have to follow each other.! First Department is not bound by the Second Department! What s a trial court to do? 1st Bronx NY of Appeals 2d Queens 3d 4th Albany Erie 10

11 Rule! A trial court must follow their Department s decisions. NY of Appeals! E.g., trial courts in the First Department must follow Division cases from the First Department 1st Bronx 2d Queens 3d 4th Albany Erie Rule! If their Department has not ruled on the issue, they must follow another Department! E.g., Supreme, Queens must follow the AD from the 3d if the 2d Department has not ruled on that issue. 1st Bronx NY of Appeals 2d Queens 3d 4th Albany Erie Rule! If the Departments have conflicting rulings, then their decisions are not binding on other Departments.! E.g., if the 1st and 3d Departments have ruled different way and the 2d has not, they are persuasive on Supreme Queens. 1st Bronx NY of Appeals 2d Queens 3d 4th Albany Erie 11

12 What Happens When Two United States s of Appeal Disagree With Each Other?! The Federal of Appeals is divided into 13 Circuits! The same rules that apply to the New York intermediate appellate courts, apply to the Federal intermediate appellate courts Are Federal Decisions Controlling On New York State s?! US Supreme is FINAL interpreter of US Constitution.! All courts in the United States (both Federal and States s), must follow the US Constitution.! In order to follow the constitution, they must interpret the US Constitution.! When the US Supreme renders a decision interpreting the US Constitution, all courts, both Federal and State, must follow the US Supreme decision.! The decision is controlling on ALL courts Overturned Decisions Examples! Bowers v Hardwick (1986): criminalized consensual sodomy (used against male gays)! Overturned in 2003 by Lawrence v Texas 12

13 Overturned Decisions Examples! Pace v Alabama (1883): made marriage between blacks and whites illegal.! Overturned in 1967 in Loving v Virginia Overturned Decisions Examples! Wolf v Colorado (1949): Fourth Amendment s exclusionary rule did not apply to the states! Overturned in 1961 in Mapp v Ohio Overturned Decisions Examples! Plessy v Ferguson (1896): separate but equal constitutional! Overturned in 1954 by Brown v Board of Education 13

14 Mandatory/Controlling versus Persuasive! It all comes down to two questions: 1. When is a case found in legal research controlling on the court you are going to submit it to? 2. When is a case found in legal research persuasive on the court you are going to submit it to? 14