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?