ChapterII.ppt

1、Chapter II,American Legal Profession appeals in patent-right cases and cases involving inter-national trade disputes.,The thirteen judicial circuits of the United States are constituted as follows:,Circuits Composition District of Columbia District of Columbia First Maine, Massachusetts, New Hampshi

2、re, Puerto Rico, Rhode Island Second Connecticut, New York , Vermont Third Delaware, New Jersey, Pennsylvania, Virgin Islands Fourth Maryland, North Carolina, South Carolina, Virginia, West Virginia Fifth District of the Canal Zone, Louisiana, Mississippi, Texas Sixth Kentucky, Michigan, Ohio, Tenne

3、ssee Seventh Illinois, Indiana, Wisconsin Eighth Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Ninth Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii Tenth Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming Eleventh Alabama, Florida

4、, Georgia Federal All Federal judicial districts,State Trial Courts Almost all cases involving state civil and criminal laws are initially filed in state or local trial courts. They are typically called Municipal, County, District, Circuit, or Superior Courts. Appeals from the state trial court usua

5、lly go to the state intermediate court of appeals. About 95% of all court cases in the U.S. come through the state trial courts. probate court A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons estate. Called surrogate cou

6、rt in New York and several other states, this court normally examines the authenticity of a will - or if a person dies interstate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased persons debts and to distribute her assets to the proper inherito

7、rs.,U. S. District Courts There are 97 federal district courts, which handle criminal and civil cases involving: l Federal statutes l The U.S. constitution l Civil cases between citizens from different states and the amount of money at stake is more than $75,000 (This is the most common type of case

8、 in the U.S. District Court.) Most appeals from here go to the U.S. Circuit Court of Appeals; some go to the U.S. Court of Appeals for the Federal Circuit. U. S. Court of International Trade Specializes in cases that involve international trade. Appeals go to the US Court of Appeals for the Federal Circuit (CAFC) U. S. Claims Court For federal cases involving amounts over $10,000, conflicts from Indian Claims Commission and cases involving some government contractors. Appeals go to the CAFC.,Complex court jurisdiction in US,在州法院和联邦法院之间，哪些案件应该由联邦法院管辖，哪些案件应该由州法院管