Jurisdiction at Hofstra Flashcards
Federal Courts (3)
(1) United States Supreme Court
(2) United States Court of Appeals
(3) United States District Court
How many circuits in the United States Court of Appeals?
13 Circuits
What circuit is the New York Court of Appeals in?
Second Circuit
What states fall in the Court of Appeals for the Second Circuit?
New York, Vermont, Connecticut
The name and location of the courthouse of the United States Court of Appeals for the Second Circuit is?
Thurgood Marshall – Manhattan / Foley Square
US Court of Appeals for the Second Circuit has appellate jurisdiction over the following 6 United States District Courts:
(1) SDNY
(2) EDNY
(3) NDNY
(4) WDNY
(5) D. CT.
(6) D. VT.
How many US District Courts are there?
94
US District Courts are
Federal Trial Courts
US Circuit Courts of Appeal are
Federal Appellate Courts
Where is the main courthouse for the SDNY?
Manhattan
What is the jurisdiction of the United States Court of Appeals for the Federal Circuit (CAFC) based on?
Subject matter; NOT GEOGRAPHY
Both the CAFC and DC Court of Appeals sit in Washington DC. Does this mean they have the same jurisdiction?
D.C. Court of Appeals – geographically based
CAFC – not geographically based
What district is Hofstra located in?
EDNY
Where is the main courthouse of the EDNY?
Brooklyn
Where is the other courthouse for the EDNY?
Central Islip
Where is Hofstra’s Pro Se Legal Clinic?
Central Islip (EDNY)
Who is the director of the Pro Se Legal Clinic?
Our lord and savior, Jennifer Gundlach
How many United State’s Attorney’s Offices (USAO) are there?
93
Who is the United States Attorney for the EDNY?
Seth DuCharme
Executive Branch consists of 4 elected officials and 20 departments.
Governor
Lt. Governor
Attorney General
Comptroller
Who is the governor?
Cuomo
Who is the Lt. governor?
Hochul
Who is the attorney general?
Letitia James – Law Department
The judicial branch consists of 3 tiers of courts?
(1) The Supreme Court (the trial court)
(2) Supreme Court, Appellate Division (the appellate court)
(3) Court of Appeals, State of New York (the top court of the state)
What are the primary sources of NY law? (5)
(1) The NY State Constitution
(2) New York Statutes
(3) New York Codes, Rules, and Regulations
(4) New York Appellate Case Law
(5) New York State Register (where the governor makes orders and proclamations)
What do most NY laws fall under?
Consolidated Laws of the State of New York
How many departments are allowed under the NY Constitution?
20 state departments + the governor
How and where are the NY regulations compiled?
(1) In the NY Codes, Rules and Regulations (NYCRR)
(2) The NYCRR is organized into 23 titles
How many counties are in NY?
62
The Supreme Court of the State of NY has how many trial courts in each of the state’s counties?
At least 1 trial court
What county is Hofstra located in?
Nassau
Where is the Supreme Court of the State of New York, Nassau County, located?
Mineola
How do you become a trial judge in New York?
Elected to 14 year terms by voters in their respective district
How many Appellate divisions does NY have?
A single appellate division
How many judicial departments does NY have within the NY Supreme Court Appellate Division?
4 Judicial Departments
First Judicial Department
(1) Sits in Manhattan
(2) Has jurisdiction over Manhattan and the Bronx
Second Judicial Department
(1) Sits in Brooklyn and hears appeals from 10 counties: including Nassau
Third Judicial Department
(1) Sits in Albany
(2) Hears appeals from decisions by state agencies regardless of where the first decision was made.
(3) Thus, the 3d Department has statewide jurisdiction based on subject-matter
How do you become an appellate judge in NY?
The Justices of the Appellate Division are appointed by the Governor from among the Justices of the Supreme Court. The Governor also designates the Presiding Justice in each Department
Who is the judge presiding over the 2d?
Hon. Alan Scheinkman
What is the court of “last instance” in New York?
The Court of Appeals of the State of New York
Where does the Court of Appeals of the State of New York sit? Who does its decisions bind?
(1) Albany
(2) The entire state, meaning every trial and appellate court in NY state
How do the judges of the NY Court of Appeals get their position? (2)
(1) Appointed by the governor from a list provided by the Commission of Judicial Nominations
(2) Approval of 2/3 Senate
Who is the current Chief Judge of the Court of Appeals of the State of New York?
Hon. Janet di Fiore
How do D.A.’s get their position?
They are elected in NY
Who is the Nassau County D.A.?
Madeline Singas
Who is the New York County D.A.?
Cyrus Vance, Jr.
Who is the Chief Judge of the United States Court of Appeals for the Second Circuit?
Hon. Debra Ann Livingston
