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Primer on the Courts Primer on the Courts

Primer on the Courts - PowerPoint Presentation

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Primer on the Courts - PPT Presentation

Judges and Journalists November 14 2016 Part I Introduction to the Courts State Courts Courts of Last Resort 52 Intermediate Courts of Appeals 46 Trial Courts 16000 Types of Cases State Constitution ID: 532155

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Slide1

Primer on the Courts

Judges and Journalists

November 14, 2016Slide2

Part I: Introduction to the CourtsSlide3

State Courts

Courts of Last Resort (52)

Intermediate Courts of Appeals (46)

Trial Courts (16,000)Types of Cases:State ConstitutionSame-State Parties

State Crimes

Family Law

Trusts and Estates

Traffic

JuvenileSlide4

Article III, Section 2

Article III, Section 2

:

“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their

Authority . .

. to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another

State . . . .”

“Case or Controversy” RequirementSlide5

Federal Courts

Types of Cases:

Federal Question Jurisdiction,

e.g.

:

U.S. Constitution

Federal Civil and Criminal Statutes

Bankruptcy

Patent

Copyright

AntitrustStatutory JurisdictionDiversity (28 U.S.C. § 1332)CAFA (28 U.S.C. § § 1453, 1711-1715)Supplemental (28 U.S.C. § 1367)Foreign Sovereign Immunities Act (28 U.S.C. § 1602-1611)Securities Litigation Uniform Securities Act (15 U.S.C. §§ 77(b))Taft-Hartley Act (29 U.S.C. § 187)Slide6

Boundaries of Federal Circuits and DistrictsSlide7

Available Resources

Online

PACER

RSS FeedMedia AnnounceCourt Websites

Courthouse

Press Rooms

PACER

Terminals

Third Circuit

Joel McHugh, Deputy Circuit Executive: (267) 299-7932

Eastern District of PennsylvaniaLucy Chin, Interim Clerk of Court: (267) 597-7112Slide8

Part II: Life Cycle

of Civil and

Criminal CasesSlide9

Life Cycle of a Civil CaseSlide10

Federal Rule of Civil Procedure 12(b)

(b) How to Present Defenses.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required.

But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction

;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and(7) failure to join a party under Rule 19.Slide11

Life Cycle of a Civil CaseSlide12

Courts We ReviewSlide13

Appellate Standards of Review

Decisions Under Review

Questions of

Law

Questions of Fact

Matters of Discretion

Standards of Review

De novo

Clear

Error

Trial Court Factual FindingsCredibility DeterminationsSubstantial EvidenceJury Factual FindingsAgency Factual FindingsAbuse of DiscretionCase ManagementPreliminary InjunctionClass CertificationAdmissibility of EvidenceSentencing

Arbitrary

and Capricious

Agency RulemakingSlide14

Prerequisites to Appellate Review

Jurisdiction

Timeliness

Waiver Finality Final Judgment Rule, 28 U.S.C. §

1291: The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts

Exceptions to Finality

Injunctions

, 28 U.S.C. § 1292(a)

Certified Questions from the District Court on Controlling Questions of Law, 28 U.S.C. § 1292(b)

Collateral Orders

Class Action Certification Orders, Fed. R. Civ. P. 23(f)Slide15

Life Cycle of a Civil Case: Common Final Appealable Orders

Motion to dismiss all claims GRANTED

Motion for summary

j

udgment on all claims GRANTED

Final judgment following bench or jury trialSlide16

United States Circuit Courts of Appeals

Annual Caseload (2015)

All Courts of Appeals:

53,266Criminal: 12,099 Civil: 28,252

Third Circuit:

3,216

Criminal: 451

Civil: 2,037

Petitions for Rehearing (July 1, 2015 – June 1, 2016)

All Courts of Appeals:

666Third Circuit: 105En banc Rehearing (Third Circuit)33 since 20062 - 4 per yearSlide17

Life Cycle of a Criminal CaseSlide18

Life Cycle of a Criminal Case:

Examples of Non-Appealable Orders

Motions in

L

imine

GRANTED or DENIED

Evidentiary RulingsSlide19

Harmless Error Review & Plain Error Review

Plain Error

Error

Clear or obvious

Affected the appellant’s substantial rights

Seriously affects the fairness, integrity, or public reputation of judicial proceedings

Harmless Error

Civil and criminal

Courts

disregard any

error that does not affect substantial rights, Fed. R. Civ. P. 61; Fed. R. Crim. P. 52(a)For constitutional error in criminal cases, the government must show “harmless beyond a reasonable doubt.” Chapman v. California, 368 U.S. 18, 24 (1967)Slide20

Habeas Corpus

Following State

Conviction

28 U.S.C. §§ 2241,

2254

Following Federal Conviction

28 U.S.C. §§ 2241, 2255Slide21

Habeas

Corpus: State Decisions

28 U.S.C. §

2254Federal-state comityPetitioner must exhaust all available state court remedies

Must raise violation of federal constitution, laws, or treaties

Limited to one

petition

One-year statute of limitations

Under AEDPA, state decisions must have been contrary to or involved an unreasonable application of clearly established federal law as defined by the Supreme Court

Petitioner must show that the decision “was so lacking in justification that there was an error well understood and comprehended in existing law

beyond any possibility for fairminded disagreement.” Davis v. Ayala, 135 S. Ct. 2187, 2199 (2015)Slide22

Habeas Corpus: Federal Decisions

28

U.S.C.

§ 2255Must challenge jurisdictional, constitutional, or other fundamental errorsMost common claim is ineffective assistance of counsel Limited to one

petition

One-year statute of limitations

Our review is

de novoSlide23

Part III: Coverage of Appellate CourtsSlide24

Supreme Court of the

United States

Paths to the Supreme Court

Original Jurisdiction

(28

U.S.C. §

1251)

Between States

Between a State and a Foreign Government

Against Ambassadors and Public Ministers

Appellate JurisdictionWrit of CertiorariAppeal from a Federal Court of AppealsAppeal from State Court of Last ResortDirect Appeal from Three-Judge District Court7,000 to 8,000 cert. petitions filed each yearIn October 2015 Term, approximately 80 grantedSlide25

Third Circuit Docket

July 2015-June 2016Slide26

Questions?