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    Chapter The Judicial System ur introduction to law included discussions of statutory law and common. law, With so many statutes at so many levels, you perhaps might think thet statutory law is a complete source of law. However, sometimes statutes need interpretation. Someone must determine when, how, and to whom statutes apply. Statutory law is not even half of all the law The bulk of the lew is found in judicial decisions. These decisions contain statutory interpretations and common law. This chapter covers the parties involved in these decisions, as well as the courts that make them—what they decide, when they can decide, and how those decisions are made, For up-to-date lagal news, go to mariannejennings.com jou urgest justice, be For Hou shalt have justice, are than hou desires. pom Peat Yin At Scone » Consider ... B.A Candy is @ Florida compary that sells nail polish against Hard Candy Fitness, Medonns, and her holding 1 correlate Sate Sonpnis ft vedomai ingots, Modome: ane ngot Nedonne owns 0 company called Hard Can- California resident. was only in Flrda for two concerts non Tre ites tat wes rested i Deloere and opertes and didnot sel any of her company's products while that 3) (74 California, Hord Candy Fitness operates fitness thero or mention the centers or ther products at her ced out of roughout the world and selisaline of exercise concerts. Cena Flo cour force Madonna to defend tes cerrndor the company name. Hard Candy fied suit the sti Floida? din non un Types of Courts ose ‘AIIUS, court systems include two different types or levels of courts: trial courts, and appellate courts, 3s Trial Courts Atrial court is the place in the judicial system where the facts of a case are presented. This court is where the jury sits if the case is a jury trial, Here the evidence and witnesses are presented and the first decision in the case is made, by either judge or jury. The procedures for trials and trial courts are covered in Chapter 4. 34b Appellate Courts ‘Atleast one other cout, an appellate court, reviews the conduct during the trial of the judge, the lawyers, the witnesses, and the jury. This process of review helps assure that the lower court applied the law correctly and followed the rules of procedure. Further, this review system provides uniformity. In some appeals, the appellate court issues published opinions, which can then be referred to and used as resources in deciding future cases. However, in many cases the appellate court issues unpublished opinions. Unpublished opinions have become a controversial issue, and although no law prohibits citing such opinions, a cite should always | make clear that the opinion is an unpublished one. 32, How Courts Make Decisions 324 The Process of Judicial Review Appellate courts do not hold trials. Rather, they review what has been done by trial courts to determine whether the trial court, also referred to as the lower court, ‘made an error in applying the substantive or procedural law in the case through the process of judicial review. ‘The atmosphere in the appellate court is different from that of the trial court. No ‘witnesses, no jury, and no testimony play a role. No new evidence is considered; only the evidence presented at trial is reviewed. The court reviews a transcript of a Se 74 Part 4 Gusiness: Its Lege, Ethical, and Judicial Ervironment the trial along with all the evidence presented at tral fo determine whether an error was made. Th adalition to the transcript and evidence, each of the parties to a case can pt ent the appellate court with a brief, which is a summary of the case and the Lega! ‘sates being challenged on appeal. The appellate bref is each side's summary of why the trial court decision oF procedures were correct oF incorrect. The parties nake their arguments for their positions in the brief and support them with stal- Utes and decisions from other eases. The brief serves as a summary of the major points of eror the parties allege occurred during the rial. This type of bret, caled rn appellate brief is very detailed. In fact, many refer to “briefs” as a misnomer becauce they are generally quite lengthy. Note that these briefs differ from the case brief presented in Exhibit 1.1 ‘Many appellate courts permit the attorneys for the opposing parties to make timed oral arguments in their cases. An oral argument is a summary of the points that have been made in each party's brief. The judge can also ask questions of the storeys at that time. At the trial level, one judge makes all clecisions. At the appel- fate lovel, more than one judge reviews the actions of the lower court in a case. The typical number is three, but, in the case of state supreme courts and the US Supreme Court, the full bench of judges on the court hears each case, For example, in US. Supreme Court decisions, all nine justices review the cases before the Court unless they have recused (disqualified) themselves because of some conflict. ‘The panel of appellate judges reviews the case and the briefs, hears the oral argument, and then renders a decision. The decision in the case could be unani- trou or could be a split vote, such as 2 to 1. In the case of a split vote, a justice \ ripe ts notin the majority will frequently draft a dissenting opinion, which is the | judge's explanation for a vote different from that of the majority Checking for Error | ‘A reversible error is one that might have affected the outcome of the case or influ- need the decision made. Examples of reversible errors include the refusal to allow some evidence to be admitted that should have been admitted, the refusal to allow 4 particular witness to testify, and misapplication of the law. When a reversible error has been made, the appellate court reverses the lower cout’ decision. However, in some cases, the appellate court will also remand the Case, which means the court sends the case back to the trial court for further pro- I ceedings. For example, when the court orders a reversal because some evidence Should have been acimitted that was not, the case is remanded for a new trial with that evidence admitted (Le, allowed). Ir the appellate court does not find a reversible error, it simply affirms the dec | sion of the lower court. The fact that a decision has been affirmed does not mean ho mistakes were made at the trial; rather, it means that none of the mistakes was | a reversible error. The appellate decision is written by a member of the court who has voted with the majority. The decision explains the facts and the reasons for the | court's reversal, remand, of affirmation. ‘in some appellate cases, the court will modify the decision of a lower court. | ‘The'tull eee epeither reversed nor affirmed; instead, a portion or portions ofthe case are reversed or modified. For example, a trial court verdict that found a defen Gant negligent might be affirmed, but the appellate court coulel also hold that the damages awarded were excessive. In tis type of decision, the case is remanded for a redetermination of damages at the trial court level Chapter 3 The Judicial System tory Interpretation auition to checking for error, appellate courts render interpretations of statutes. In agy statutes seem perfectly clear until new factual situation not covered by the statute arises ga» The Doctrine of Stare Decisis Judicial review by appellate courts of lower cour decisions provides the database Joctne doctrine of stare decisis, a Latin term meaning “let the decision stand.” The {fecisions of the appellate courts are written and often published so that they may be analyzed, reviewed, and perhaps applied in the future. getting Precedent When reviewing the decisions of lower courts, courts examine their own previous decisions, along with decisions of other courts on the same topic. This process of examining other decisions for help in a new case uses case precedent, which is the Goctrine of stare decisis, Judges examine all prior cases in the same area of law or felated to a statute to determine whether the issue has already been decicled and, if so, whether the current case should be decided in the same way. Following case precedent does not mean similar cases will be decided identically; several factors Jnfluence the weight given to precedent. Where the case originated is one of the factors that influence the use of precedent ina case. In federal courts, precedent from other federal courts is strongest when the case involves federal issues In state courts, prior decisions within a particular state’s own court system are given greater weight than decisions from other states’ courts, One state's courts are not obliged to follow the precedent of another state’s courts; they are free to examine it and use it, but, as with all precedent, itis not a mandatory requirement to follow another state's decisions. The Purposes of Precedent The purposes of precedent are the same as the purposes of law. Law offers some assurance of consistency and reliability. The judiciary recognizes these obligations, in applying precedent. Stability and predictability are necessary in the way law functions, No exact formula applies when deciding a case, but consistency isa key element in the use of precedent. In addition to consistency, however, judges must remember the law’s need for flexibility. As new twists in facts arise and technology develops, the judiciary must adapt the law to those changes. For example, the courts have issued a number of decisions on copyright infringement in this era of YouTube and segments of mov- ies and TY shows being reproduced and posted there. The Interpretation of Precedent Using precedent involves more than just finding similar cases. Every case decision has two parts. One is the actual rule of law, which technically is the precedential part, However, judges never offer just a rule of law in a case. The rule of law is given at the end of the case decision after a full discussion of reasoning and prece- dent. This discussion is called the dicta of the case, which includes case precedent of benefit to each party. In some instances, the rule of law may benefit one party while the dicta benefit the other party. 73 Part 1) Business: ts Legal, Ethical, and Judicial Emviconmant A dissenting opinion is dicta and is often quoted in subsequent cases to urge a court to change existing precedent. Application of precedent is not a scientific pro- cess, and it often leaves much room for interpretation and variation, Consider ... ‘Then a third-year law student, Andrew Rausa was spending July 4 with some friends on the porch or stoop area of one of the brown- stone homes in Brooklyn, New York. The ‘area in front of the brownstone is enclosed fence with agate entry. Mr Reuse and his friends were also enjoying several rounds of ‘beer. Two police officers care by, noted the ‘group inside the wrought.ron fence, end Cited them allfor crinking in public. Mr. Rau- ‘sa looked up the code section on his phone ‘and found that a public place for purposes ‘of the “no drinking in public" code provision wes defined as: 3.2 Lone] to which the public or a substantial ‘group of persons has access, including, but ‘not limited toa par, sidewalk, or bench ‘There are exceptions for neighborhood block parties end events covered by per mits. The group of friends decided to fight the violations because they did not want them to be part oftheir parmanent records, How should the court interpret the code provision? Consider the following questions in interpretetion. What if you were drink- ing in your house, but your font door was ‘open? A window? When Precedent Is Not Followed Precedent may not be followed for several reasons. Some of those reasons have already been given: the precedent is from another state, or the prece- dent is interpreted differently because of the dicta in that precedent, Precedent I is also not followed when the facts of cases can be “distinguished,” which means that the context of the facts in one case is different enough from those in other cases that the precedent cannot be applied. For example, suppose that a court decided that using roadblocks to stop motorists to check for drunk drivers is constitutional. Another court then decides that using roadblocks just to check for drivers’ licenses is not constitutional. The first case can be distinguished because of the purpose of the roadblocks: to prevent a hazard- ous highway condition, The court may not see the same urgency or safety issue in roadblocks used for checking for drivers’ licenses. The precedent can be distinguished. ‘The theories of law discussed in Chapter 1 may also control whether precedent, is applied. Courts struggle with issues of fact and law and with changes in society as they apply prececent and consider modifications. For example, a court may not follow a precedent because of an ethical reason cr because of the need to change the law on the basis of what is moral or what is right, A precedent may also be abandoned on an economic theory; in this case, the court changes the law to do the most good for the most people. For example, a factory may be a nuisance because of the noise and pollution it creates, and ample case law probably supports shutting down the factory as a nuisance. However, the factory may also be the town’s only economic support, and its shutdown will, ‘mean unemployment for virtually the whole town. In balancing the economic fac- tors, the nuisance precedent may not be followed or it may be followed in only a modified way. tounge a ntific pro~ 3.2 vbstantial uding, but or bach. ghborhood ed by per ed to fight | not want nt records, the code | questions vere drink- {door was s reasons ne prece- rrecedent ,” which om those pose that or drunk adblocks se can be s hazard- or safety dent can precedent in society al reason cample, a nd ample Jowever, lown will omic fac- inonly a Chapter 3 The Juscial System 77 ses) # parties in the Judicial System (Civil Ca: ae Plaintiffs tiffs are the parties who initiate a lawsuit and are seeking some type of recov- Plaine re types of cases, those who initiate the court action are called petitioners 2 een an action (or divorce). Plaintiffs file their suits in the appropriate cour, (outa filing step begins the litigation process, ap Defendants Plaintifs seek recovery from defendants, who are named in the suit as having eaaninitted some violation of the law or the rights ofthe plaintiff. Another name fora defendant is respondent, 30 Lawyers Jn most cases, each of the parties is represented by a lawyer. Lawyers have other functions besides representing clients in a lawsuit. Many lawyers offer “preven- tive” services. Lawyers draft contracts, wills, and other documents to prevent legal problems from arising, One role that lawyers play is advising clients in advance in bxder to minimize clients’ legal problems and costs, ‘The attorney-client relationship is a fiduciary one that carries a protected privi- lege. The attorney is expected to actin the best interests of the client and can do so without the fear of having to disclose the client's thoughts and decisions, The attor- ney-client privilege keeps the relationship confidential and assures that others (even an adversary in lawsuit) have limited access to lawyer-client conversations, One of the key areas of discussion and debate, under Sarbanes-Oxley (SOX), related to corpo- rate lawyers’ duty to report fraud and other financial misdeeds of their client compa- nies, Lawyers were concemed about the need for client confidentiality, and regulators and investors were concerned that lawyers have remained silent as financial frauds have been ongoing in companies. Under the law, lawyers are not required to blow the ‘whistle on their clients, but they are required to take steps to notify the audit commit- tee and board about misconduct and ultimately resign if the conduct is not changed and rectified. (For more details of the role of general counsel, the privilege, and audi- tors’ responsibilities regarding financial fraud, refer to Chapters 8, 17, and 18.) ‘Under the American Bar Association's Model Rules for Professional Responsibil- ity attomeys are obligated to represent clients with persuasive force. An attorney who agrees to represent a client must represent that client to the best of the lawyer's ability. Because of the privilege, many lawyers know that their clients actually did commit ‘crime or breach a contract. However, the client’s confession to an attomey is confi- dential, Even with knowledge ofa client's guilt, an attomey must represent the client ina manner that gives the client all rights and protections under the law. There is a difference between a clients confession to a crime and the proof required for convic- tion of that crime. A lawyer's obligation is to see that the other side meets its burdens and responsibilities in proving a case against the client, Lawyers do represent guilty People. Their role is to, as many lawyers phrase it, “keep the system clean.” Protect- ‘ng the rights of the guilty is required! in order to ensure that the rights of the inno- Cent are also preserved. However, lawyers are not requied to remain silent uncler the Privilege ifa client is about to commit a crime. A lawyer representing a client accused ‘murder cannot disclose that the client confessed. However, a lawyer whose client Yows to ill someone must make a disclosure in order to prevent crime, 78__Paet 1 Susiness:lts Loge, Ethical end Juki Eriranment Lawyers and theit titles and roles vary from country to coun- PLANNING Bet try. Great Britain and most of Canada have solicitors and barristers, TP Solicitors prepare legal documents, give legal advice, and represent aa clients in some of the lesser courts. Baristers are the only “lawyers” | who can practice before higher courts and administrative agencies. fe careful to protect your lawyer-client Quebec and France have three types of lawyers: the avncit, who can ‘and memos to ‘2s privieged privilege, Business loters lawyers should ba mark and include imitations on access to | Peete befor hc higher cour and give legal adviee; he nla, those letters and memos. Ifyou revel | | who can handle real property transactions and estates and can pre- pare some legal documents; and the juriste (legal counselor), who can give advice and prepare legal documents. In Germany, @ law yer who litigates is called Recitsanzealt, and a lawyer who advises Clients but does not appear in court is called Reclitsbeistand. Japan has only one class of lawyers, called Bengost, but does have the Shilo-Soshi, a type of advanced notary with the authority to incor- porate companies, prepare documents, and create wills, In Italy, the wo types of lawyers—whose roles are similar to those in the dual British system—are acocati and pirocuatori information to someone other than your lawyer, you may lose your privilege on that information. Holding @ conversation for meeting with your lawyor with others present may cost you your pavilage, to. Privlaged communications should be with your lavryerts} only I | belong? An attaney who is employed 9s genera counsel or @ corporation, ra lawyer | representing that corporation in a particular “mater, owes @ duty othe corporation The cor ation, in those crcurrstences, isthe cent 25 a1@ not. The priviege, therefore, jes to corporte cient communications, sven though officers and employees provide attomey with the information about what oration dd, the lawyer does not rep- those officers and employees. In most mployees are the same 2s those ofthe cor 1, and a lawyer can work closely with ‘es the corporation's interests are citferent {rom those of the employees. For example, suppose that 2 general counsel for a corpo- ration learned that its officers had engaged in price-fixing, (See Chapter 8 for more discus sion of criminal prosecutions of officers of a Corporation and Chapter 14 for discussion of price-fixing and antitrust violations) The ger- ‘ral counsel would discuss the issue with the ‘board (see Chapters 17 and 18} and perhaps. ‘conclude that itis best to disclose what has happened to the Justice Department. The officers involved might object, but they are rot protected by any privilege with the com ppotations attomey. The attorney is protecting @ client, the company, by disclosing the mis ‘conduct and perhaps proving assurance that the board was unaware of the pricedixing, ‘which would then reduce any penalties the ‘company right be required to pay. ‘The issue of clent confidentialty also exists when employees discuss information, issues, and possibie legal claims with cor porate counsel, For example. in Schaeffer v Gregory Vilage Partners, LP, 78 F Supp. 34 1198 (ND. Cal, 2015), the general counsel talked with a consultant for the company who ‘was handling corporate communications about ‘contamination of neghboring homeowners’ property. The consultant received confidential information about the situation, andinitigation ‘the homeowners tried to force the consultant to ‘testify, The court held that the consultant was the equivalent of an employee and disclo- ‘sure of information did not waive the privilege ‘because employees can discuss issues with ‘corporate counsel without fear of csclosure, Chapter 3 The Jucical System 79 34 Judges es contol the proceedings ina case andl in some instances, the outcome. Tal Judge control the trial of a case, from presiding over the selection ofa jury to rul- Jude evidence questions. (See Chapter 4 for more details on trial procedures.) : Nipelate judges teview the work of trial court judges. They do not actually hear Avvence. Rather, they review the record of the case to determine whether there has fen reversible ero: Judges are selected in various ways throughout the country. Some judges are tected to their offices. Some states have merit appointment systems whesein ciges are appointed on the basis of their qualifications. in some states, judges fre appointed by elected officials subject to the approval of the legislature. In dome states with appointed judges, the judges are put on the ballot every other rear (ot at some other interval) for retention; voters in these states do not decide thom they want as judges but do decide whether they want to keep them once they are in office, Federal judges are appointed for life by the president with Senate approval. 3-30 Name Changes on Appeal ‘The lawyers and the parties stay in the “game” even after a case is appealed. However, the names of the parties do change on appeal. The party appealing the case is called the appellant. Some courts also call the party appealing a case the petitioner. The other party (the one not appealing) is called the appellee or respondent. Some states change the name of the case if the party appealing the case is the defendant, For example, suppose that Smith sues Jones for damages in a car acci- dent. The name of the case at trial is Smith v Jones, Smith is the plaintiff, and Jones is the defendant. If Smith wins the case at trial and Jones decides to appeal, Jones is the appellant, and Smith is the appellee. In some courts, the name of the case on appeal becomes Jones v Smith. Other courts leave the case name the same but still label Jones the appellant and Smith the appellee. The Concept of Jurisdiction Courts are found at every level of government, and every court handles a different type of case. In order for a court to decide or try a particular case, both parties to the case and the subject mater of the case must be within the established powers of the court. The established powers of a court make up the court’s jurisdiction. Juris means law, and diction means to speak. Jurisdiction is the authority or power of a court to speak the law. Some Courts can handle bankruptcies, whereas others may be limited to traffic vio- lations. Some courts handle violations of criminal laws, whereas others deal only with civil matters. The subject matter of a case controls which court has jurisdiction. For example, a case involving a federal statute belongs in a fed- eral district court by its subject matter; however, federal district courts are found in every state, In personam jurisdiction, or jurisdiction over the person, Controls which of the federal district courts will decide the case, Determining which court can be used is a two-step process; subject matter and in personam jurisdiction must fit in the same court. 80 Part 1 Business its Logs, Ethical, and Judicial Environment Subject Matter Jurisdiction of Courts: The Authority over Content ‘The two general court systems in the United States are the federal court system (see Exhibit 3.1) and the state court system. 3-5a The Federal Court System ‘Tho Trial Court of the Federal System The federal district court is the general trial court of the federal system. However, federal district courts are limited in the types of cases they can hear; that is, their subject matter jurisdiction is limited. Federal district courts can hear three types of cases: those in which the United States is a party, those that involve a federal ques- tion, and those that involve diversity of citizenshi Jurisdiction When the United States Is a Party Any time the U.S. government is a party in a lawsuit, it will want to be tried in its own court system—the federal system. The United States is a party when it brings suit or when itis the defendant named in a suit. For example, many busi- nesses have brought suit against the Department of Health and Human Services, a federal agency, regarding the constitutionality of that agency's rules related to the implementation of Obama Care, the nickname given to national health care reform. Because an agency of the federal government is the defendant in the case, the federal district court has exclusive jurisdiction over the suits, Federal Jurisdiction for a Federal Question The federal district court also has jurisdiction over cases involving federal ques- | tions. For example, if a business is suing for treble damages (a remedy of three times the amount of damages experienced) under the federal antitrust laws (ESI tho Foe Court System Administrative Agencies (Quasi-Judicial") *For example, the Federal Trade Commission (FTC) or the National Labor Relations Bureau (NLRB), gy — Chapter 3. Tne Judicial System 84 ee Chapter 14) the case involves afeeral question and my be brought in fed- bral district court. A suit charging a violation of the Equal Protection, Clause of the a de natitution (see Chapter 5 for more details) also involves a federal question US fon be brought in federal district cout, Prosecutions fot federal crimes also anvolve federal questions, and the United States will be a party as the prosecutor; ime iminal cases are toe in feral district court sc ecerl questions can also be heard by a state court, For example, me agate constitutions include the same Fifth Amendment protetons included in the Hee Canstitution. A plaintif often has a choice between federal anc state court, Ue decision to proceed in one forum as opposed tothe ther iy bea strate xs basel onthe nature ofthe case, rules of procedure, and other factors related 8 ferences between the two court systems Jurisdiction by Diversity aitat of the civil cases in federal district court are not there Because they are federal Meations ox because the United States isa party: Most civil cases are in federal gue court because the plaintiff and defendant are from differen’ ses and their dist involves damage claims in excess of $75,000, Cases in which fhe parties are case different states qualify for diversity of citizenship status, and federal district from have the authority to hear these diversity cases. That authority s 1% exclu ) cour state court can also hear diversity cases as long as either party choose : ee ise the right to a federal district court trial In diversity cases, state and fed- aac rts have coneuerent jurisdiction, Concurrent jutisdiclion means (hat (Wo arte have the authority to hear a case. By contrast, exclusive juriadicion rieits fat only one court has the authority to hear the case. For example, federal dis- teat courts have exclusive jurisdiction over cases in which the United States has Charged an individual or corporation with a federal crime TBeeral courts decide controversies among citizens of different states for 1°%- sone that go back to fears about state court judges giving preferential or favorable to moni to citizens oftheir state, as opposed to nonresicent parties, If the cane 6 Head mone side's state court, that side might have an unfair advantage or builtin prejudice because of the location of the cour. IWihen corporations are partis to suits, the diversity issue is more complex The citizenship of a corporation can be its state of incorporation or the state which its principal office is located. This citizenship testis used for subject Mallee juris- ieee citizenship test for in persona jurisdiction has been greatly expanded Tis important to understand that when a federal cout ties acase nthe of diversity, is simply trying the case under the same state laws but without the local prejudice dhat might exist in a state court. other worl, federal courls do 008 rule eecler afferent set of laws; they simply apply the state law in a different setting. Limited Jurisdiction: The Special Trial Courts of the Federal System Not all cases in which the United States is a party or in which a federal question is involved are decided in federal district courts. The federal system also has spe- Salto tial courts to handle limited matters. For example, the jurisdiction of the Tar Cantt ithe federal system is limited to tax issues. If you challenge the Internal Revenue Service because it would not allow one of your deductions, your «n° Mould be heard in Tax Court, The bankruptey courts make up a well-used [im ited court system within the federal system ancl have exclusive jurisdiction ove? all bankruptcies. No other court can handle a bankruptcy or bankruptcy issues and bankruptcy courts do not handle any other type of tial oF sui ht cI 11 Business: its Legal, Ethical, and Jus! Environment The US, Claims Court is another specialized federal court: it handles disputes that involve government contracts and other claims against the federal govern- ment, such as eminent domain issues. (See Chapter 5 for more discussion of emi nent domain and “takings.”) The U.S. Court of International Trade is a specialized court that focuses on international trade transactions regulated by federal agencies in various ways and also on customs issues. Another court that is often discussed along with the federal system is the Indian Tribal Court. This court, the court of the Native American nations, has exclusive jurisdiction over criminal and civil matters on the reservations, Indian tribal courts are unique because of their limited jurisdiction and their exclusivity, which arises from their sovereign nature. The Structure of the Federal District Court System Each state has at least one federal judicial district, The number of federal districts in each state is determined by the state's population and caseload. States such as Wyoming and Nevada have only one federal district each, whereas states such as Mlinois and New York have many. The number of courts and judges in each federal district is also determined by the district's population and caseload. Even in those states with just one district the district has several judges and multiple courtrooms 1 for federal trials. Ninety-four federal districts serve the 50 states, the District of | Columbia, Puerto Rico, Guam, the Virgin Islands, and the Northern Mariana Islands The Importance of Federal District Court Decisions | The subject matter of cases that qualify for federal district court jurisdiction is important. These cases involve the interpretation of federal statutes and often the resolution of constitutional isstes. Becauise ofthe importance of these decisions, the j opinions of federal district judges ate published in a reporter series called the Federal Supplement, which reprints most opinions issued by federal district judges in every federal district, (Decisions of the Court of International Trade are also found in the Federal Supplement.) Cases in the Federal Supplement provide excellent precedent for | interpretation and application of fecieral statutes. In addition to the system for citing statutes (see Chapter 1), a specific system is used for citing case opinions. Such a sys tem is necessary so that precedent can be found easily for use in future case: All-case cites consist of three elements: an abbreviation for the reporter, the vol- ume number, and the page number. The abbreviation for the Federal Supplement is “F.Supp.” of, for the second series, after volume 999, “F. Supp. 2d,” or, the third series, “F. Supp, 3d.” The volume number always appears in front of the abbre- Viation, and the page number appears after it. A formal cite includes in parenthe- ses the federal district in which the case was decided and the year the case was decided. A sample federal district court cite of a case that dealt with an eminent ! domain question looks like this: Sansotta v Town of Nags Head, 97 F, Supp. 34 713 (E.D.N.C. 2014) ‘This method of uniform citation not only helps ease the burcen of research but, also provides an automatic way to know where a case came from and how it can be used. The Appellate Level in the Federal System Cases decided in federal district court and the specialized trial courts ofthe federal system can be appealed. These cases are appealed to the U.S. Courts of Appeals (ormerly called the US. Circuit Counts of Appeals), . All of the federal district courts are grouped into federal circuits to their geographic location. Exhibit 3.2 is a map that shows the 13 fed- accord ° Note that 11 of the circuits are geographic groupings of states; the eral circ" rcuit is the District of Columbia, and the thirteenth is a nongeographic wel ated to handle special cases, stich as those involving patent dipines and rend appeals from the Court of Claims and Court of International Trade. estes olars and members of Congress have proposed creating a fourteenth ci- Somyy dividing the very large Ninth Circuit. ca ach circuit has its own court of appeals. The office of the court's clerk is located inthe cily named in each of the federal circuits in Exhibit 3.2. The number toctedges for each of the federal circuits varies according to caseload, However, ot Ucases are heard by a panel of three ofthe circuit judges. Its rare for a case to Pohenrd en lac (by the "whole bench,” meaning al the judges in that circuit), One Br the more famous cases to be heard en banc following a three-judge panel deci- Son involved a father’s challenge to his child being required to recite the Pledge Sf Allegiance because the phrase "under God” was in the pledge: £ik Grove Unified Selioo! Dist.» Newodow, 292 F.3d 597 (9th Cir. 2002) and 313 F.3d 500 (9th Cir, 2002) swith en bane rehearing clenied, 328 F.3d 466 (9th Cir. 2003).! Procedures. The U.S. Courts of Appeals are appellate courts and operate by the same general procedures discussed earlier in the chapter. An appeal consists of a [DRIES the 13 Federal Juaicial Circuits Chapter 3 The Judicial System __ 83 Same ‘inte Oe te US Cau 84 __Part 1 Business ts Legal Ethical, and Judicial Environment record of the trial in the court below (here, the federal district court), briefs, and Possible oral argument, The standard for reversal is reversible error. Because the "ight of appeal is automatic, the appellate courts have tremendous caseloads. A full cpinan fs ot given in every case. Inthe cases that are affirmed, the opinion may Hee eae on that one word, Other decisions are issued as memorandum opinions fox the benefit of the parties but not for publication, Spinions. | The opinions of the U.S. Courts of Appeals are published in the Fad- eral Reporter. The system of citation for these cases is the same as for federal dis trict court opinions. The abbreviation for the Federa! Reporter is "E" (or sometimes 7f.2d" or “Fd”; the “2d” means the second series, which was started after the net “i series reached volume 300, and this series is now followed by a third secon = Ghd”). A formal cite includes in parentheses the federal circuit and date of the ckcsion. A sample US. court of appeals cite, the appeal of a case challenging the constitutionality of Obama Care mandates on coverage follows: i Little Sisters of the Poor Home for the Aged, Denver, Colo, v Burwell 794 F.3d 1151 (10th Cir, 2015) H The U.S. Supreme Court | A decision by a U'S. court of appeals is not necessarily the end of a case. One more appellate court is part ofthe federal system—the U.S, Supreme Court, However, the Supreme Court’s procedures and jurisdiction are slightly different from those of other appellate courts ! Appellate Jurisdiction and Process. The Supreme Court handles appeals from the US. courts of appeals. This appeal process, however, is not an automatic right. ; The Supreme Court must first decide whether a particular ease merits review, tek decision is announced when the Court issues a tri of certiorari for those esse it | wil review in full. The Supreme Cou, in its tri, actually makes a preliminary cletermination about the case and whether it should be decided. Only aemall mane, ber of cases appealed to the Supreme Court are actually heard. In 1945, 1460 eneeg Were appealed to the Court. By 1960, that number had grown to 2,313. Now the | ware pet averages about 7000 each year with fiscal year 2012 (the latest year avail able from the Court), having 7,713 cases. The couirt grants ceriontrl in about 190 !

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