THE FEDERAL COURT SYSTEM Flashcards
Federal courts have…
have exclusive jurisdiction over cases involving the US
government, the U.S. Constitution or federal laws, controversies between
states or between the U.S. and foreign governments.
2 types of civil lawsuits brought in any federal court:
- Federal Question Cases- a claim based on the U.S. Constitution, a
federal statute, or a federal treaty is called a federal question. - Diversity Cases-have diversity jurisdiction when the plaintiff and the
defendant are citizens of different states AND the amount in dispute
exceeds $75,000. The theory is one state might be biased against
citizens of another state and to ensure fairness, the parties have the
option to use a federal court as a neutral playing field.
how many levels of Federal courts?
There are 3 levels of Federal Courts
The US District Courts (trial courts)
Connecticut has 1 Federal Court
The U.S. Court of Appeals (the appellate courts)
- intermediate court of
appeals divided into circuits
The U.S. SUPREME COURT- highest court in the country
The U.S. Supreme Court has discretion in deciding which cases it will
hear. There is No appeal to the U.S. Supreme Court as of right. An
appellant must file a petition for a Writ of Certiorari with the U.S.
Supreme Court requesting the Court to hear the case. Four of the nine
Justices must vote to accept a case. The U.S. Supreme Court agrees to
hear fewer than 100 cases each year. In deciding which cases to accept,
the Court weighs many factors including the importance of the legal issue
and whether there is a fundamental disagreement amongst the circuit
courts on the issue (referred to as a ‘circuit split’).