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Each state and the District of Columbia has a separate court system. Most
state court systems include the following:
Article III of the U.S. Constitution provides that the federal government’s
judicial power is vested in one “Supreme Court”. This court is the U.S.
Supreme Court. The Constitution also authorizes Congress to establish
“inferior” federal courts. Pursuant to this power, Congress has established
special federal courts, the U.S. District Courts, and the U.S. Courts of Appeals.
Federal judges are appointed for life by the president, with the advice and
consent of the Senate.
Unanimous opinion: If all the justices voting agree as to the outcome and
reasoning used to decide a case, it is a unanimous opinion. Unanimous
opinion are precedent for later cases.
Tie vote: Sometimes the Supreme Court sits without all nine justices being
present. This could happen due to illness, a justice recusing him/herself for
conflict of interest, or a justice not having been confirmed to fill a vacant seat
on the Court. If there is a tie vote, the lower court decision is affirmed. Such
votes are not precedent for later cases.
Concurring opinion: A justice who agrees with the outcome of a case but not
the reason profferred by other justices can issue a concurring opinion that
sets forth his or her reasons for deciding the case.
Federal Court System Cont.
Dissenting opinion: A justice who does not agree with a decision can file a
dissenting opinion that sets forth the reasons for his or her dissent.
Federal Questions
The federal courts have jurisdiction to hear cases involving federal questions.
Federal question cases are cases arising under the U.S. Constitution, treaties,
and federal statutes and regulations. There is no dollar-amount limit on
federal question cases that can be brought in federal court.
Jurisdiction of Federal and State Courts
Diversity of Citizenship
A case may be brought in federal court if there is diversity of citizenship.
Diversity of citizenship occurs if the lawsuit involves either citizens of different
states or citizen of a state and a citizen or subject of a foreign country.
Diversity of citizenship is used to bring or maintain a lawsuit in federal court
when the subject matter of the lawsuit involves a nonfederal question. A
corporation is considered to be a citizen of the state in which it is
incorporated and in which it has its principal place of business.
The reason for providing diversity of citizenship jurisdiction was to
prevent state court bias against nonresidents. The federal court must apply
the appropriate state’s law in deciding the case. The dollar amount of the
controversy must exceed $75,000. If this requirement is not met, action must
be brought in the appropriate state court.
Jurisdiction of Federal and State Courts Cont.
Exclusive Jurisdiction
Federal courts have exclusive jurisdiction to hear cases involving federal
crimes, antitrust, and bankruptcy; patent and copyright cases; suits against
the United States; and most admiralty cases. State courts may not hear these
matters.
Standing to Sue
To bring a lawsuit, a plaintiff must have standing to sue. This means the
plaintiff must have some stake in the outcome of the lawsuit. Courts hear and
decide actual disputes involving specific controversies. Hypothetical questions
will not be heard, and trivial lawsuits will be dismissed.
In Personam Jurisdiction
Jurisdiction over a person is called in personam jurisdiction, or personal
jurisdiction. A plaintiff, by filing a lawsuit with a court, gives the court in
personam jurisdiction over himself or herself. The court must also have
Personal Jurisdiction of Courts Cont.
Long-Arm Statutes
In most states, a state court can obtain jurisdiction over persons and
businesses located in another state or country through the state’s long-arm
statute. Such a statute extends a state’s jurisdiction to nonresidents who were
not served a summons within the state. The nonresident must have had some
minimum contact within the state. In addition, the maintenance of the suit
must uphold the traditional notions of fair play and substantial justice.
The exercise of long-arm statute is generally permitted over
nonresidents who have (1) committed torts within the state, (2) entered into
a contract either in the state or that affects the state, or (3) transacted other
business
Jurisdiction cont.
in the state that allegedly caused injury to another person.
Parties to a contract may include a forum-selection clause that
designates a certain court to hear any dispute concerning nonperformance of
the contract.
Venue
Venue requires lawsuits to be heard by the court with jurisdiction nearest the
location in which the incident occurred or where the parties reside.