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Court Systems
The Parties
Plaintiff
Defendant
Petitioner
Respondent
Appellant
Respondent
Becoming a Federal Judge
President Nominates
Senate Advise
and Consent
Senate Judiciary
Committee
60 votes for
Closure (?)
Simple Majority for
Consent
Serve for life (good behavior)
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Jurisdiction
!  Broad legal term that means the power or authority
of a court to hear and decide a dispute or
controversy as well as its authority to bind parties
in the action.
Jurisdiction: Hear, Decide, Bind
Subject Matter
Jurisdiction
hear a dispute
or controversy
Personal
Jurisdiction
Bind parties in
action.
Original and Appellate Jurisdiction
ORIGINAL
APPELLATE
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Original and Appellate Jurisdiction
!  Difference
!  One starts and tries cases
!  One hears appeals
!  Courts with Original Jurisdiction
!  Must gather the facts
!  Must make decision based on the facts and the law
Original and Appellate Jurisdiction
!  Decisions in courts with Original Jurisdiction
!  Motions:
!  Grant or denied
!  Trials:
!  Civil: Liable or Not Liable
!  Criminal: Guilty or Not Guilty
Original and Appellate Jurisdiction
!  Courts with Appellate Jurisdiction
!  Must use the facts from the trial court
!  Issue: Did the court trial court get the law right?
!  However:
!  Trial courts have discretion
!  Appellate court will look to see if the judge made
the decision within the bounds of law.
!  NOT whether the appellate court agreed.
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Original and Appellate Jurisdiction
!  Courts with Appellate Jurisdiction:
!  When a court makes an error in the law, the court
has to determine whether that error was harmless.
!  Harmless errors will not cause a reversal.
Exclusive and Concurrent Jurisdiction
EXCLUSIVE
CONCURRENT
Types of Cases
!  Criminal
!  Civil
!  Torts
!  Divorces
!  Breach of Contracts
!  Real Property
!  Family
!  Wills, Trusts and Estate
!  Claims against the State
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General and Specific or Limited
Jurisdiction
GENERAL
LIMITED or
SPECIFIC
Federal Court Jurisdiction
“The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain
and establish.”
"  Article III, U.S. Constitution
The Levels of the Federal Courts
United States District Courts
Trial Court (Cases Start Here)
United States Courts Of Appeal
Intermediate Appellate Court
United States Supreme Court
Highest Court
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United States Supreme Court
!  Nine justices
!  appointed “for life” by President
!  with advice and consent of the Senate.
!  Chief Justice of the United States has administrative
duties:
!  Supreme Court and
!  Entire federal court system.
United States Supreme Court
!  Circuit Justices.
!  Each Justice is in charge of a United States Circuit
!  Nine Justices:
!  1 Chief Justice and
!  8 Associate Justices
Supreme Court Members
!  CJ John Roberts, Jr.
!  AJ Steven Breyer
!  AJ Anthony Kennedy
!  AJ Samuel Alito
!  AJ Clarence Thomas
!  AJ Sonya Sotomayor
!  AJ Ruth Bader Ginsburg
!  AJ Elena Kagan
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Original and Appellate Jurisdiction
ORIGINAL
Controversies between States (e.g., NJ v
NY [Ellis Island])
APPELLATE
!  Cases from lower courts
!  Federal law (Statutes and
Administrative Law)
!  Role as final interpreter of US
Constitution
Exclusive and Concurrent Jurisdiction
EXCLUSIVE
State v State (e.g., NJ v NY)
CONCURRENT
!  Cases on Ambassadors... of foreign
states.
!  US v State
!  All actions or proceedings by a State
against the citizens of another State or
against aliens.
General and Specific or Limited
Jurisdiction
GENERAL
NONE
LIMITED or
SPECIFIC
!  Article III of US Constitution
!  Statute
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Getting A Case Before
The Supreme Court
Appeals
The Writ of
Certiorari
!  Apply to the court
Stay of
Execution
Majority (5) to stop carrying out of a
lower court decision
!  4 of 9 must vote to hear case
How does the Supreme Court make a
decision?
After accepting a case...
Briefs
Amici Curiae Briefs
Oral Argument
Conference
Decision
United States Courts of Appeal
13 Circuits
!  12 Geographic Jurisdiction
!  1st through 11th
!  DC Circuit Court
!  1 Special Jurisdiction
!  Court of Appeals for the Federal Circuit
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The Second Judicial Circuit
An Example of a Geographic Circuit
!  All federal courts within the states of
!  New York,
!  Connecticut and
!  Vermont.
Court of Appeals−Second Circuit
!  Handles APPEALS from the District and Bankruptcy
courts for the
!  Southern District of New York,
!  Northern District of New York,
!  Eastern District of New York and
!  Western District of New York,
!  District of Connecticut and
!  District of Vermont.
Court of Appeals − Second Circuit
Jurisdiction
Original
None
Appellate
Yes
Exclusive
Appeals from Second Circuit
Concurrent
None
General
None
Specific or Limited
Second Circuit
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Court of Appeals − Second Circuit
Decision-making
!  Currently there are 22 judges
!  11 Active Judges appointed for good behavior
!  11 Senior Judges
!  At 65 years old with 15 years of service, they
can become Senior Judges;
!  Their seat becomes vacant
!  2 Vacancies
Decision-Making
Sit in Panels
23 Judges
Panels of 3
2 is majority
After panel decides, losing party can ask
for en banc by active
Court of Appeals for the Federal Circuit
Jurisdiction is Subject-Matter
!  United States Court of Federal Claims
!  United States Trademark Trial and Appeal Board
!  US Board of Appeals & Interferences of US Patent &
Trademark Office
!  United States District Courts (for patent and certain other
appeals)
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Court of Appeals, Federal Circuit
!  JURISDICTION:
!  Appellate
!  Original
!  Only Court of Appeals that has Original Jurisdiction
!  EXAMPLE: If a person does not get a patent or
trademark from the PTO, after exhausting
administrative appeals, they can commence an
action in the Court of Appeals for the Federal
Circuit
The District Courts
Federal Courts of Original Jurisdiction
!  94 District Courts with a total of 646 District Court Judges
!  89 Geographic District Courts
!  1 DC District Court
!  1 Commonwealth of Puerto Rico District Court
!  1 Guam District Court
!  1 U.S. Virgin Islands
!  1 Northern Mariana Islands
Federal Question
!  In general, federal courts may decide cases that involve
the
!  United States government,
!  The United States Constitution or federal laws, or
!  Controversies between
!  States or
!  The United States and foreign
governments.
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Federal Question
!  A case that raises such a “federal question” may be filed
in federal court.
Federal Question
EXAMPLE
!  A claim by an individual for entitlement to money under a
federal government program such as social security,
!  A claim by the government that someone has violated
federal laws, or
!  A challenge to actions taken by a federal agency.
Concept
!  Three levels of court
!  Case start in a court with original jurisdiction
!  May be appealed to the next level up
!  First appeal usually as of right
!  Appeal to highest court you need permission
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Federal Courts
!  May be appealed to the next level up
!  If party loses in US District Court, they can appeal
to the US Court of Appeals
!  If a party loses in the US Court of Appeals, they can
appeal to the US Supreme Court
!  If a party loses in the US Supreme Court they
cannot appeal
Federal Courts
!  First appeal usually as of right
!  This is the appeal from the US District Court to US
Court of Appeals
!  Appeal to highest court you need permission
!  To appeal to the US Supreme Court, you need cert
(votes 4 of 9 justices).
Federal versus State Courts
!  Federal Courts deal with Federal Questions
!  Most are state cases
!  E.g., divorce and child custody matters,
!  Federal jurisdiction is rarely available in:
!  probate and inheritance issues,
!  real estate questions, and
!  juvenile matters
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New York Courts
Trial Courts (e.g. Supreme Court)
Courts of Original Jurisdiction
Appellate Division & Appellate Term
Intermediate Appellate Court
Court of Appeals
Highest Court
New York Court of Appeals
!  Highest court.
!  Final Interpreter of the New York State Constitution
!  In Albany
!  Appellate Jurisdiction only.
Court of Appeals
!  7 judges —
!  1 Chief Judge (Janet DiFiore),
!  6 Associate Judges.
!  Jenny Rivera
!  Shiela Abdus-Salaam
!  Leslie Stein
!  Eugene Farley
!  Michael Garcia
!  Vacancy
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Court of Appeals
!  Appointed by Governor
!  Subject to Senate ratification
!  14 year terms.
!  Must retire at the end of the calendar year where
they turn 70
Getting a Criminal Case
Before The Court of Appeals
Capital Appeals go directly to Court of Appeals (Exclusive
Jurisdiction)
NORMAL APPEALS
Need permission
from the Court of
Appeals
OR
Need permission from
the Appellate Division
New York Appellate Division
Divided into 4 Geographic Departments
1) 
First Department (New York and Bronx counties)
2) 
Second Department (Queens, Kings, Richmond,
Nassau, Suffolk, Dutchess, Orange, Putnam, Rockland,
and Westchester Counties).
3) 
Third Department in Albany
4) 
Fourth Department in Rochester
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The Justices
They are elected to the Supreme Court in a County and the
Governor appoints them to the AD.
First Department:
18 Justices
Second Department:
20 Justices
Third Department:
9 Justices
Fourth Department:
11 Justices
Decision-Making: Panels
4 or 5 Justices
4 is Quorum
3 is needed for a decision
Appellate Division Jurisdiction
Appellate
Jurisdiction
!  Hear appeals from courts of original
jurisdiction
!  Hear appeals on both the facts and law.
Original
Jurisdiction
matters regarding the admission and
supervision of attorneys.
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Appellate Term
!  Appellate court allowed for by law and serving at the
pleasure of the AD.
!  Only the 1st and 2nd Departments have them
!  Composed of justices of the Supreme Court chosen
by the Chief Administrator of the Courts with
approval of the presiding justice of the Appellate
Division.
!  Appeals from Criminal Court and Civil Court
Appellate Term
!  Panels
!  They sit in panels of 3;
!  Two needed for decision
Trial Courts in New York
1)  Supreme Court
2)  Surrogates Court
3)  Family Court
4)  Court of Claims
5)  NYC Civil Court
6)  NYC Criminal Court
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New York Supreme Court
!  A single court with statewide jurisdiction with a branch in
each county (62).
!  Justices are elected for 14 year terms
!  In many counties, divided into areas of law:
!  Criminal Term
!  Civil Term
Supreme Court Jurisdiction
!  It can hear all cases in the state except actions against
the state (belongs to the Court of Claims).
!  CONCURRENT. It has concurrent jurisdiction with
most other trial courts
!  EXCLUSIVE. It has exclusive jurisdiction over
matters dealing with the termination of marriage.
Typical Case in the Supreme Court
!  Criminal felony case of murder, burglary, grand larceny,
and/or rape.
!  Civil case where plaintiff sues defendant for $100,000 for
a car accident.
!  Divorce case on the ground of abandonment.
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New York Surrogates Court
!  In each county.
!  Judge is called a Surrogate.
!  Handles all matters concerning
!  Decedents’ estates (e.g., Probate of will).
!  Adoptions.
!  Elected:
!  They serve terms of 14 years in NYC;
!  10 years elsewhere
New York Family Court
!  Family court judges serve 10 years.
!  Elected in every county except the 5 counties in NYC,
where they are appointed by the mayor.
Family Court Jurisdiction
!  Neglect
!  Custody
!  Support
!  Juvenile Delinquency
!  Paternity
!  PINS
!  Adoption (w/ surrogate)
!  Family offenses
!  Guardianship
!  Conciliation proceedings
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Family Court Typical Case
!  A nine year old is charged with murder in the second
degree
!  A mother claims that her ex-lover is the father of her
newborn.
!  A 14 year old refuses to go to school.
New York Court of Claims
!  EXCLUSIVE JURISDICTION.
!  Claims against the State.
!  Judges of the Court of Claims have the sole
responsibility for hearing claims brought against the
state of New York or certain state agencies.
Court of Claims
!  APPOINTMENT:
!  Judges are appointed by the Gov. with the advise
and consent of the Senate.
!  9 year terms.
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Court of Claims Typical Case
!  A person sues New York for injuries suffered when she
slipped on a wet floor in the governor’s office.
NYC Civil Court
!  Petty suits (up to $25,000).
!  CIVIL COURT
!  Small Claims & Housing.
NYC Criminal Court
!  Misdemeanors AND Petty offenses (up to 1 year in
prison)
!  CRIMINAL COURT
!  Petty offenses (up to 15 days in prison)
!  Misdemeanors (up to one year in prison)
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Difference
!  If NY Supreme Court has jurisdiction over criminal and
civil cases, what is the difference between:
!  NY Supreme Court, Civil Term and NYC Civil
Court?
!  NY Supreme Court, Criminal Term and NYC
Criminal Court?
Supreme Civil versus Civil Court
Supreme
Civil
Law Suits $0-$25,000
YES
YES
Law Suits $25,000+
YES
NO
Termination of Marriage
YES
NO
Supreme Court, Criminal Term
versus Criminal Court
Trial of
Supreme
Criminal
Felonies
YES
NO
Misdemeanors
YES
YES
Petty Offenses
NO
YES
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Interaction Between Federal and New
York State Courts
APPEALS (need Writ of Certiorari)
•  NY Court of Appeals to SCOTUS
CERTIFYING QUESTIONS
•  Fed Court (DC or CA) to NY Court of Appeals
WRIT OF HABEAS CORPUS
•  Person being held by State to Federal District Court
Writ of Certiorari
US Supreme
Court
NOTE: Only if there is
a federal question
NY Court of Appeals
NY Appellate Division
NY Supreme Court
Interaction Between Federal and New
York State Courts
APPEALS (need Writ of Certiorari)
•  NY Court of Appeals to SCOTUS
CERTIFYING QUESTIONS
•  Fed Court (DC or CA) to NY Court of Appeals
WRIT OF HABEAS CORPUS
•  Person being held by State to Federal District Court
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Certifying Questions
!  Federal courts are sometimes called upon to make
decisions on issues that cannot be resolved fully without
the determination of questions of New York State’s
constitutional, common, or statutory law.
!  The Second Circuit provides for the certification to the NY
Court of Appeals unsettled and significant questions of
state law that will control the outcome of a federal case.
!  The NY Court of Appeals then receives briefs and has a
hearing. Then it issues their answer to the Second Circuit.
Writs of Habeas Corpus
What it means
What is the purpose
Who are the parties
What they will argue
What is the remedy
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