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

of the United States

U.S. Court of Appeals Direct Appeals from State Courts

13 Circuits

Administrative Quasi-Judicial

Agencies

U.S. District Courts

Special Courts

(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.)

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.

Why are appellate court decisions important?

Appellate courts set precedent for all of the lower courts within their jurisdiction.

Most cases do not advance.

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.

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.

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.

Georgia Routes of Appeal

Probate, Juvenile, Magistrate: limited jurisdiction courts (159 courts; 1 per county)

State Courts (63)

Superior Court (45)

Court of Appeals

State Supreme Court

All criminal cases for trial de novo

Personal injury, medical malpractice, contract law

(final say)

Appeals from administrative

agencies generally

All except death-

penalty cases

Constitutional questions, divorce &

death penalty cases only

Appeals to Ga. Supreme Court

Appeals as of Right:

1. Constitutional questions

2. When dissent in Court of Appeals

Appeals to Ga. Supreme Court

By Certification in Supreme Court’s Discretion

Before Court of Appeals hearing:

1. Significant public interest

2. Legal principles of major significance

3. Delay would cause substantial harm

4. Court of Appeals has backlog

5. Death penalty and divorce cases

Appeals to Ga. Supreme Court

By Certification in Supreme Court’s Discretion

After Court of Appeals hearing:

1. Significant public interest

2. Legal principles of major significance

3. Court of Appeals decision in conflict with Supreme Court decision

4. On motion of state, in criminal cases

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.

U.S. Supreme Court

1. Court decides whether to hear2. If to hear (either on appeal or by writ of

certiorari), oral argument is scheduled3. Lawyers drink a lot of coffee, prepare

briefs4. Oral argument (30-60 minutes each)5. Deliberations and decision6. Opinion writing

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

Civil Lawsuits

Plaintiff - DefendantCivil complaint (civil suits)Motion to dismiss (“even if true, not a crime”)Conference (try to settle)TrialJudicial instructions (if X, then Y)VerdictAppeal (Smith v. Jones >> Jones v. Smith)

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)