Preview

American Civil Procedure

Good Essays
Open Document
Open Document
4016 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
American Civil Procedure
Art AMERICAN CIVIL PROCEDURE (AN INTRODUCTION) I) General Description of Court Systems The U.S. court system consists of fifty state court systems plus a similar system for the District of Columbia and a separate system of federal courts. The federal courts and most state court systems are organized into trial courts (the U.S. District Courts in the federal system), intermediate appellate courts (a losing litigant in a federal district court generally may appeal a final decision to the United States Court of Appeals for the circuit in which the district court is located), and a Supreme Court. There are today 91 judicial districts in the United States, each having its own court. Additionally, there are districts courts for Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands. Every state, as well as the District of Columbia, has at least one judicial district, and many larger states are divided into two or three, or even (in the cases of Texas, New York, and California) four judicial districts. Congress’ decision to divide a particular state into more than one judicial district depends on population, geography, and caseload. At present there are eleven numbered circuits, each embracing a largely geographically contiguous area, including anywhere form three to ten states and territories. In addition, there is a Court of Appeals for the District of Columbia, which hears appeals from the federal district court there, and one for the Federal Circuit, which handles appeals on certain matters, such as patent disputes, and from various specialized federal tribunals, such as the Court of Federal Claims. At the apex of the federal court system is the Supreme Court of the United States, composed of nine justices. Unless disqualified or ill, all of the justices participate in each decision of the Court. Most cases reach the Court on discretionary writs of certiorari from the United States Courts of Appeals or the highest courts of the states. The federal

You May Also Find These Documents Helpful

  • Good Essays

    Civil Litigation Unit 3

    • 581 Words
    • 3 Pages

    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING, ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES, INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff, Justin King, by and through his attorney, states as follows: PARTIES AND JURISDICTION 1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois. 2. Defendant is a corporation with its principal place of business in Missouri and carries on business in Illinois. 3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs. 4. Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Cook County, in United States Court for the Northern District of Illinois. COUNT I: ________ 5. On or about April 8, 2011, plaintiff Justin King, while in the exercise of due care, was operating his motorcycle on Interstate 57, heading in a south direction, in the City of Paxton, Illinois. 6. On the occasion in question, defendant, Frank Cuellar, a resident of Illinois, was operating a truck owned by Anheuser-Busch as its agent, and was traveling in a south direction on Interstate 57, so called, a public highway in the City of Paxton, Illinois. 7. On the occasion in question, plaintiff Justin King was traveling south on Interstate 57 in Paxton, IL on his motorcycle when he noticed a truck with Anheuser-Busch logo traveling behind him headed in the same direction. The plaintiff noticed Mr. Cuellar flashing his headlights requesting to pass the plaintiff and proceeded to switch lanes. Justin King then changed lanes to the right hand lane…

    • 581 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The U.S, District Courts are trial courts or courts of original jurisdiction and most federal cases begin here, they hear both civil and criminal cases. The U.S Circuit of Appeal courts are divided into 12 regional circuits and sit in various cities throughout the country. The court of appeals for the federal circuit sits in Washington. If a defendant is fount not guilty in a criminal case and are dissatisfied with the judgment of a U.S. District court may appeal this court in their district to handle his or her case. The U.S Supreme Court sits apex of the federal court system, parties who are not satisfied with the decision of a U.S. Circuit of Appeal or a supreme court can petition this court to hear their case. The court will decide to accept such cases or not.…

    • 345 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Homework Assignment 5

    • 1706 Words
    • 7 Pages

    The four levels of state courts are as follows: The trial court of limited jurisdiction, the trial court of general jurisdiction which hears various kinds of cases, the intermediate appellate courts with a fixed maximum and minimum term of imprisonment and only hears appeals and the state courts of last report or Supreme Court of the state.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    The United States has two types of court structures which are called a dual court system. Each of the judicial systems has their separate systems one for each of the states and the other for the Federal system. The U.S. Supreme is the only place where the two judicial systems connect.…

    • 272 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Ky Court System Structure

    • 357 Words
    • 2 Pages

    The next level is the Circuit Court having 95 judges and commissioners. They handle real property of $4,001 and up, interstate support, exclusive civil appeals, domestic relations exclusive felony's, Juvenile and criminal appeals. Along side of the Civil Court is the Family court handling domestic violence and relations and Juvenile cases.…

    • 357 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    ap gov courts

    • 718 Words
    • 2 Pages

    6. If there is a case at the federal level, it is first brought to a US District Court. There are 94 US District Courts that hold about 270,000 trials per year. If a side of the case believes the result of this trial was unfair, they go to a US Court of Appeals. There are 13 of these courts handling 50,000 cases per…

    • 718 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Some are seen as Circuit or District Courts. These circuits can ask the supreme courts to hear the case. Not all cases are eligible to be reviewed by the U.S. Supreme Courts.…

    • 453 Words
    • 2 Pages
    Good Essays
  • Good Essays

    County Courts Case Study

    • 484 Words
    • 2 Pages

    District Courts: District courts are the chief trial courts of the state.There are 457 district courts and each court functions as single- judge courts. District courts have jurisdiction in felony cases, which is one- third of their caseload. Civil cases in which the matter of dispute involves exceeds $200.Juvenile cases are usually tried in district courts. District courts exercise criminal and civil jurisdiction.…

    • 484 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California state court deals with criminal, contractual, and family related cases. California’s courts are an independent branch of the California government. The California State Court enforces laws, resolves disputes, and protects individual rights. The court system is also responsible for interpreting laws passed by our legislative and executive branches.…

    • 706 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The kinds of cases that fall under the jurisdiction of the federal courts are cases involving violations of the U.S. Constitution or federal law and cases between citizens of different states.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Federal Court System contains three levels of courts: first, U.S district courts and various courts of limited jurisdiction (trial courts of general jurisdiction). Second, U.S courts of appeals (intermediate courts of appeals). Finally, the highest level of the three level federal court system is the United State Supreme Court. Today, the United State Supreme Court is located in Washington D.C.…

    • 629 Words
    • 3 Pages
    Good Essays
  • Better Essays

    U.S. District Courts, U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are all one type of federal court, but unlike other courts, these courts are not courts of general jurisdiction and all judges of these courts are appointed by the President of the United States with the advice and consent of the Senate and hold office for life. The second type of federal court which is established by Congress is magistrate courts, bankruptcy courts, U.S. Court of Military Appeals, U.S. Tax Court and the U.S. Court of Veteran’s Appeals. The President of the United States also appoints the judges of these courts with the advice and consent of the Senate. Judges of the second type of courts usually serve for a set number of years unlike the judges of the first type which could feasibly serve for life.…

    • 767 Words
    • 4 Pages
    Better Essays
  • Good Essays

    History. The study of past events. To understand criminal procedure and its issues we must first dive into the history that has lead us into today’s modern concept of criminal procedure. Criminal Procedures can date back to the very beginning of time with Hammurabi’s code, roman law, etc. but we won’t be going that far back.…

    • 842 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Court System Paper

    • 1164 Words
    • 5 Pages

    Federal court system made up of three levels: U.S. district courts, U.S. courts of appeal, and the U.S. Supreme court. U.S. district courts are the trial courts of the federal system and are located principally in larger cities. Federal decided only those cases over which the Constitution gives them authority. In the federal court system the highest court is the U.S. Supreme court which is located in the state of Washington, D.C. Supreme courts only hears cases on appeal from lower courts.…

    • 1164 Words
    • 5 Pages
    Better Essays
  • Good Essays

    United States District Courts; the principle trial court in the federal system. The District Courts are responsible for prosecuting Federal violations as well as hearing state cases that are in disagreement about the Constitution. The District Courts also hear civil cases and tend to see more civil cases than criminal. The District Courts are spread out in ninety-four districts around the country to provide more access to more cases.…

    • 569 Words
    • 3 Pages
    Good Essays