§ 1.01            Federal Judicial System

 

(1) Federal district courts are courts of original jurisdiction.  District courts, like all federal courts, are also courts of limited subject matter jurisdiction, in that statutes authorize them to hear only certain kinds of cases, namely those based on federal questions or diversity of parties.

 

(2) Circuit Courts are courts of appellate jurisdiction as they are authorized only to review decisions on appeal from district courts, certain specialized federal courts or federal administrative agencies. There are thirteen federal circuit courts; twelve for each one of the geographic circuits and one designated as the Federal Circuit which hears appeals from various specialized federal courts.  Appeals from many of the administrative agencies go to the Court of Appeals for the D.C. Circuit.

 

(3) United States Supreme Court has original jurisdiction over cases affecting ambassadors and in which states are parties.  Its appellate jurisdiction over all other types of cases is largely discretionary.  The Court’s rules list the following factors as relevant in granting certiorari:

• inter-circuit conflicts
• conflicts between the courts of appeals and state courts of last resort
• interstate conflicts on federal questions
• conflicts with Supreme Court decisions on federal questions
• important and unsettled federal questions
• Other federal rulings calling for the exercise of the Supreme Court’s power of supervision.

 

 

§ 1.02  State Judicial Systems

 

State judicial systems typically include:

 

(1) A variety of courts of limited subject matter jurisdiction, authorized to hear specific types of cases, e.g., traffic, landlord-tenant, small claims or probate.

 

            (2) A court of original and general jurisdiction that hears all claims not exclusively vested in courts of limited jurisdiction, such as state claims and nonexclusive federal question claims that also could have been brought in federal district courts. State courts of general jurisdiction often exist at the county level.  Such courts vary in their designations, e.g., Superior Court in the District of Columbia, Circuit Court in Virginia, and Supreme Court in New York.

 

 

In some states courts of general jurisdiction also possess appellate jurisdiction over cases originally tried in courts of limited jurisdiction.  Appellate review in such cases is de novo; little or no deference is paid the lower court decision because of restrictions on its jurisdiction and, in many cases, on its procedures.

 

            (3) An intermediate appellate layer, generally available only in more populous states.  In some jurisdictions, the decision of the intermediate appellate court is final for the most fact-bound and routine kinds of cases, such as domestic relations and non-capital criminal cases, subject perhaps to discretionary appeal for constitutional questions. 

 

            (4) A court of appellate jurisdiction, variously called the Supreme Court, the Court of Appeals, or, in Massachusetts, the Supreme Judicial Court.  Where a state provides for an intermediate appellate court, the existence of such allows the highest state court to exercise considerable discretion in selecting cases for further review.  Appeal from the intermediate appellate court to the highest court is predominantly by permission, with exceptions for a small number of important cases selected by the legislatures, such as administrative law cases involving governmental parties or capital criminal cases.

 

Finally, the United States Supreme Court has the authority to review state court rulings on the meaning and application of federal law, although in practice the Court seldom exercises this authority.

 

 

§ 1.03 Selecting the Court in Which to Bring Suit

 

The following factors influence the parties’ choice of forum for litigating a given matter:

 

(1) there must be sufficient contacts between the defendant and the forum state to exercise personal jurisdiction over the defendant (see Chapter 2);

 

(2) the court must possess subject matter jurisdiction over the controversy (see Chapter 4);

 

(3) where a case is originally brought in state court but may be subject to the jurisdiction of the federal court as well, the defendant will consider opportunities for removal to federal court (see Chapter 2);

 

(4) concerns of judicial efficiency and convenience of parties and witnesses will influence the appropriate venue within a specific court system in which to try the case (see Chapter 5);

 

(5) various tactical factors such as:  reputation of judges presiding in specific courts, court calendars, and procedural differences influencing, for example, availability of a jury trial, required level of agreement for verdicts, applicable rules of evidence or availability of appellate review (see Chapters 12, 13);

 

(6) client characteristics;

 

(7) where suit can be brought in more than one jurisdiction, differences in substantive law will be evaluated so that the law most favorable to a party’s claim may be applied (see Chapter 6).