[英语考试]US Judicial System Slide Show 7.pptVIP

Introduction to the US Judicial SystemSun Yat Sen University School of LawFall 2010 Class Seven: American Judicial System and Interpreting Case Law Han Shan, 8th Century Clambering up the Cold Mountain path,The Cold Mountain trail goes on and on:The long gorge choked with scree and boulders,The wide creek, the mist-blurred grass.The moss is slippery, though theres been no rainThe pine sings, but theres no wind.Who can leap the worlds tiesAnd sit with me among the white clouds? Overview Go over quizzes American Judicial System Case Law Student Question Is there something I can learn about the US legal system from TV shows? Federal Court Jurisdiction Federal government has only those powers given to it and all residual powers remain with the states So . . . any cases not exclusively within federal jurisdiction belongs in the state courts Federal Court Jurisdiction Criminal: Easy -- All violations of federal criminal law fall within federal jurisdiction Civil: More complicated Federal Court Jurisdiction: Civil Where the United States is a party In Cases between private parties involving federal laws (federal question) Cases between citizens of different states (diversity) Exclusive Federal Jurisdiction Bankruptcy Admiralty Patent and copyright law U.S. Supreme Court Jurisdiction Disputes between states Disputes between a state and the U.S. government Only takes cases that are substantial through writ of certiorari Limitations on Federal Court Jurisdiction Limited to a “case or controversy” – no advisory opinions Will not review state court decisions that do not affect a federal law or Constitutional consideration Is it important for court decisions to be published? Case Names Name of Plaintiff versus Name of Defendant (e.g. Mears vs. Huang) Criminal cases: State vs. Defendant (Vermont vs. Mears) Property at issue: In re: [Name of Property] Format of Most Decisions Summary of decision Judge’s name Names of the attorneys Opinion