The dual court system Fifty-one court systems. - One at the federal level: the US court system.

- 50 state court systems. Division of jurisdiction: that the states have the jurisdiction on all cases except those that are granted to US courts. Idea of limited constitution. State courts 50 state court systems. All the state courts share common characteristics. There is in each of them a pyramid. - Court of initial jurisdiction generally called trial courts. The court hears the evidence and decides. The first difference with France is the trial of fact. In most cases, the facts cannot be relitigated on a parole. There is a lot of procedure. If the Court of Appeal could substitute its view to the jurys, it would go against trial by jury. The Court of appeal cannot relitigate the facts. - Appellate Courts. Intermediate AC and Supreme Courts. o The Intermediate Appellate Court is a typical Court of Appeal. The appeal is of right. o Supreme Court: discretionary appeal. Writ of certiorari. The SC can choose to take the case. In 38 states. State courts hear all types of cases. Marriage, divorce, company law. Then maybe goes to the Federal court. Federal courts This is the exception. Jurisdiction. Article III of the C. Section 2 (p1), controversies: - To which the US shall be a party: a state is suing the federal gt. - Between 2 or more states. For ex, claiming the same land. - Betw a state and citizens of another state - Betw citizens of different states: diversity of citizenship. - Cases affecting ambassadors, public ministers, consuls, bec the Us gt has constitutional responsibility before other nations. - All cases in law and equity arising under the C: right to bear arms. - For certain types of laws: C, Laws of the US (laws voted by Congress, Treaties signed by the US) - If the amount at stake is minimum (Judiciary Act) Different courts: - First tier o US district courts: initial jurisdiction when federal courts. 94 of them. o US Court of Intal trade: intal trade and customs duties (Bush Roquefort), seats in NY. o US Court of Federal Claims. Until 1855, there was no way to sue the US government. In 1855 the ancestor of this court was created to be the keeper of the nations conscience. Citizens could sue the gt for money damages in a wide variety of claims. Previously, the fed gt would invoke immunity based on its

sovereignty. In 1982 transformed in CoFC. Gt can be held liable if cause damage. o US regulatory commissions will render decisions. On appeal, goes to a District Court or directly to the Court of Appeals. Second tier: o 12 Circuit Courts. Used to be very small. Tended to be bigger in the West. Very big circuits. Depending on their location, circuit courts tend to be conservative (4th, 11th) or liberal (2nd, 9th). Reunites several states. o Court of Appeals for the Federal Circuit 1982. Jurisdiction on the whole territory but only for certain subjects, specialized jurid. o US CA for the Armed Forces Third tier: Supreme Court. Not exactly because discretionary. 2 kinds of cases. o All the federal cases, vertical route o Indirect route, in some cases, when a state SC has rendered a decision but there is a federal q involved, there is a possibility to continue.

Legal example of car accident. Mr Smith, citizen of Chicago is driving his car on an Illinois road. He has a collision. - First Hypo: other also Illinois => state court state law - Second Hypo: other army truck driven by a soldier => state court but one may want to sue the US in fed courts. - Third Hypo: one of the drivers was driving recklessly => civil and criminal case, Illinois DA would bring the case before a criminal court. - Fourth Hypo: had stolen the car in Indiana => fed because prosecuted by the us gt in the us district court under the federal law. Always possibility of an appeal. Introduce the notion of forum shopping. The main job of the lawyer is to find the best court. What law is applicable in the courts? Substantive law. The SC said fed courts can develop federal common law. 1842 Swift v Tison at first. Overturned by Erie decision p79a (read). Must apply the common law of Illinois. - The same fed court can apply fed law if its fed q jurisd. - If it is diversity of citizenship jurisd, fed court applies the law of the state in which they are situated. (Erie decision) Rule of procedure. Fed court applies their own rules of procedure developed by themselves. FR for the Civil P / FR for the Criminal P / FR for appellate procedure / FR for the SC.