American Jurisprudence Court Systems Flashcards
Describe the Common Law
The law that is created when a judge makes a decision and writes an opinion explaining the rationale behind his or her decision
What is a precedent?
Under the “common law” system, prior court decisions are referred to as precedent; courts are supposed to follow a precedent case if the same or similar circumstances exist.
What does ‘Stare Decisis’ mean?
(“let the decision stand”) requires a court to follow its own prior decisions and the prior decisions of the courts superior to it.
Can an appellate court review new evidence?
Absolutely not. They can only look for error of law made by the trial court.
Federal Court System
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts
Overview of the Federal District Courts
- There are 94 federal judicial districts
- At least 1 in each state
- 1 each in D.C. and Puerto Rico
- 1 each in the Virgin Islands, Guam, and the Northern Mariana Islands
- States can have from 1 to 4 federal judicial districts
- In states with more than 1 district, the states are divided geographically
- North Carolina has 3 districts (Eastern, Middle, and Western)
- South Carolina has 1 district (the District of South Carolina)
What are the Federal Courts also called?
The courts are called “The United States District Court
for the _________ District of __________”
Overview of the Federal Court of Appeals?
- Federal court system’s intermediate appellate courts
- Federal Court system has 13 circuits
- Circuit refers to the geographical are served by the court
- Eleven circuit courts are designated by geographical area
–12th circuit is called the District of Columbia Circuit
– 13 circuit was created in 1982 and is called the Court of Appeals for the Federal Circuit (reviews decisions of the Court of Federal Claims, Patient and Trade Mark Office, and Court of International Trade)
Which District is North Carolina in?
We are in the 4th District
Overview of the US Supreme Court
The highest federal court in the United States
There is generally no automatic right to present a case to the Supreme Court
A petition for certiorari is brought by a party asking the Supreme Court to hear a case
A writ of certiorari is the formal acceptance by the Supreme Court of a request for it to hear a case.
The Supreme Court’s decision is final and can not be appealed.
Prior decision can be overturned
The power of judicial review
Arguably, if Congress passes a statute, it means the majority of both the House and the Senate believed it was not in conflict with the Constitution.
- Article III
- The Constitution and Article VI Supremacy Clause
Division of Courts at the State Level
- The LOWEST LEVEL is typically called “Magistrate’s Court” or “Small Claims Court”
- The MIDDLE LEVEL is generally called the “Trial Court”
In North Carolina, there are 2 levels of “Trial Court”:
District and Superior Court
The HIGHEST LEVEL(S) of a State Court system is generally called the “Appellate Court”
- Intermediate Appellate Court
- State Supreme Court
What happens when a court declares a law unconstitutional?
Cannot overturn the decision, but can enact new law to accomplish same goal in a constitutional manner or amend Constitution or re-shape the courts
What must a litigant ensure in order to determine jurisdictions?
Subject matter involved
Persons or property involved
Must also determine appropriate venue
Describe Subject Matter Jurisdiction
A federal or state court must have subject matter jurisdiction to hear a case (e.g., NC divorce 🡪 District Court has SMJ)
Federal courts have jurisdiction to hear cases that involve issues arising under federal questions or diversity.
State courts have jurisdiction to hear cases that involve issues arising under state statutes, regulations, or the state constitution.
