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Diversity of citizenship action:

Diversity of citizenship action:. A civil lawsuit in which the parties are residents of two or more different states. Can be heard by a federal court even if the case involves solely matters of state law if the amount in controversy exceeds $75,000. Federal Judicial System. Supreme Court

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Diversity of citizenship action:

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  1. Diversity of citizenship action: A civil lawsuit in which the parties are residents of two or more different states. Can be heard by a federal court even if the case involves solely matters of state law if the amount in controversy exceeds $75,000.

  2. Federal Judicial System Supreme Court of the United States U.S. Court of Appeals Direct Appeals from State Courts 13 Circuits Special Courts U.S. District Courts Administrative Quasi-Judicial Agencies (e.g., Claims Court) 94 districts in 50 states. D.C., P.R., U.S.V.I., etc. (e.g., FTC, FCC, NLRB, SEC, etc.)

  3. Appeals • Appellate courts decide questions of law not fact. • Appeals are based on alleged errors in law, either procedural or substantive. • Procedural — For example, a judge denied a change of venue motion that should have been granted or admitted evidence that should have been excluded. • Substantive — The judge misinterpreted or misapplied the substantive law, for example, determined a libel plaintiff was public when he or she was really a private person.

  4. Why are appellate court decisions important? Appellate courts set precedent for all of the lower courts within their jurisdiction. Most cases do not advance.

  5. Stare decisis: Literally, to hold to the decision. This doctrine is the foundation for common law and means that judges should rely on precedent when deciding similar cases.

  6. Precedent: An established rule of law created by a previous court decision. An earlier case furnishing the rule of law that is binding on the disposition of the current case.

  7. What can an appellate court do? • Affirm or uphold the lower court’s decision — no reversible error. • Reverse and remand for a new trial in accordance with the appellate court’s decision. • Show how case is different; how precedent does not applay • Straight reversal — no need for further action. This might occur, for example, when an appellate court declares a law unconstitutional.

  8. Georgia Routes of Appeal State Supreme Court Court of Appeals Constitutional questions, divorce & death penalty cases only All except death- penalty cases Personal injury, medical malpractice, contract law (final say) Superior Court (45) Appeals from administrative agencies generally All criminal cases for trial de novo State Courts (63) Probate, Juvenile, Magistrate: limited jurisdiction courts (159 courts; 1 per county)

  9. Appeals to Ga. Supreme Court • Appeals as of Right: • Constitutional questions • When dissent in Court of Appeals

  10. Appeals to Ga. Supreme Court • By Certification in Supreme Court’s Discretion • Before Court of Appeals hearing: • Significant public interest • Legal principles of major significance • Delay would cause substantial harm • Court of Appeals has backlog • Death penalty and divorce cases

  11. Appeals to Ga. Supreme Court • By Certification in Supreme Court’s Discretion After Court of Appeals hearing: • Significant public interest • Legal principles of major significance • Court of Appeals decision in conflict with Supreme Court decision • On motion of state, in criminal cases

  12. 3 elements required for U.S. S.C. to review a state court decision • The case involves a substantial federal issue. • The federal issue is crucial to the decision. • The party seeking review has exhausted all state remedies.

  13. U.S. Supreme Court • Court decides whether to hear • If to hear (either on appeal or by writ of certiorari), oral argument is scheduled • Lawyers drink a lot of coffee, prepare briefs • Oral argument (30-60 minutes each) • Deliberations and decision • Opinion writing

  14. Supreme Court opinions • Court’s opinion • Concurring opinion (“I agree, but …) • Dissenting opinion (“I disagree.) • Per curiam opinion (unsigned) • Memorandum order (no opinion) • If a tie, lower court decision stands

  15. Civil Lawsuits Plaintiff - Defendant Civil complaint (civil suits) Motion to dismiss (“even if true, not a crime”) Conference (try to settle) Trial Judicial instructions (if X, then Y) Verdict Appeal (Smith v. Jones >> Jones v. Smith)

  16. Criminal Prosecutions Usually the government Federal: usually indicted by grand jury (21 citizens) State: prosecutor decides Arraignment (charges are read) Pretrial hearings (enough evidence for a trial)

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