Immanuel Kant Baltic Federal University
Kaliningrad, Russia
INTRODUCTION TO
THE U.S. LEGAL SYSTEM
SESSION TWO
John B. Tieder, Jr., Esq.
McLean, Virginia USA
jtieder@watttieder.com
www.watttieder.com
U.S. IS A FEDERAL SYSTEM
• Federal Government which has certain designated
powers by its Constitution
• Treaties and War
• Relations between the States as to economic and border
matters
• Maintain Armed Forces
• All powers not specifically designated to the
Federal Government remain with the States
(Amendment X)
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DIVISION OF POWERS
• Legislation by the Congress (Article I)
• House of Representatives
• Senate
• Executive (Article II)
• Judiciary (Article III)
• States (Article IV)
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BILL OF RIGHTS – ADDED BY FIRST
TEN AMENDMENTS
• Freedom of Religion, Speech, Press
• Right of people to petition Government for change
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Right to bear arms
Soldiers cannot be quartered in peoples’ homes
No unlawful search and seizure
No double jeopardy & no self-incrimination
Speedy trial by jury
Trial by jury in civil cases
Reasonable bail
All other rights retained by people
Rights not delegated to Federal Government
remain with States
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FEDERAL COURTS (ARTICLE III)
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1 Supreme Court (§ 1)
Other Courts as Established by Congress (§ 1)
Judges have lifetime tenure
Trial by Jury (§ 2)
Proof of Treason (§ 3)
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ORIGINAL JURISDICTION OF SUPREME
COURT
• Cases affecting Ambassador
• States are a Party
• Boundary disputes
• Otherwise Appellate
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FEDERAL JURISDICTION
• Federal Questions
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Arising under Federal Law
Violations of Federal Constitution
Patents
Regulations under Federal Law
Admiralty or Maritime
• Treaties
• U.S. a Party
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FEDERAL JURISDICTION
• Diversity Actions
• A dispute between citizens of any 2 different states in excess
of $75,000
• Suit between a foreign citizen and a U.S. citizen applying
state law
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U.S. FEDERAL COURT SYSTEM
• U.S. Supreme Court
• Created by Constitution (Article III)
• 13 U.S. Circuit of Appeals
• 12 Circuits
• Court of Appeals for Federal Circuit
• 94 Federal District Courts
• Specialized Courts
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U.S. Court of Federal Claims
U.S. Court of International Trade
Court of Military Appeals
U.S. Court of Custom & Patent Appeals
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DIAGRAM OF THE U.S. COURT SYSTEM
U.S. Supreme Court
U.S. Circuit
Court of
Appeals
(12 Courts)
Highest State
Court of Appeals
State Appeals
Court
U.S. Federal
District Courts
(94 Courts)
U.S. Court of
Appeals for the
Federal Circuit
Court of
Military
Appeals
State Trial Courts
Court of
Federal Claims
Court of
Customs &
Patent Appeals
Court of
International
Trade
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U.S. Supreme Court
The U.S. Supreme Court is free to accept or reject the cases it will hear. It must,
however, hear certain rare mandatory appeals and cases within its original
jurisdiction as specified by the Constitution.
State Supreme Courts of Appeal
Called the State Supreme Court in almost all
states. It’s the final court of appeal for all but
a small number of state cases. If a case
involves a right protected by the U.S.
Constitution, a party may appeal to the U.S.
Circuit Court of Appeals
INTERMEDIATE COURTS OF APPEAL
State Intermediate
Appeal (ICA)
Courts
of
40 states have ICAs. These courts are the
first court of appeals for most state cases. In
10 states the State Supreme Court is the only
court of appeals.
U.S. Circuit Courts of Appeal
There are 12 of these courts which
geographically divide the United States into
districts. Each court reviews cases from
the U.S. District Courts in its Circuit.
Appeals go to the U.S. Supreme Court.
U.S. Court of Appeals for the
Federal Circuit (CAFC)
This court reviews civil appeals dealing
with minor claims against the U.S.
Government, appeals in patent-right cases
and cases involving international trade
disputes.
INTERMEDIATE COURTS OF APPEAL
State Trial Courts
U.S. District Courts
U.S. Court of International Trade
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.
There are 94 federal district courts, which
handle criminal and civil cases involving:
• Federal statues
• The U.S. Constitution
• Civil cases between citizens from
different states and the amount of
money at stake is more than $75,000
Specializes
in
cases
that
involve
international trade. Appeals go to the
CAFC.
Appeals from the state trial courts usually
go to the state intermediate court of
appeals.
About 95% of all court cases in the U.S.
come through the state trial courts
(This is the most common type of case in the
U.S. District Court)
Most appeals from here go to the U.S.
Circuit Court of appeals; some go to the
CAFC
U.S. Court of Federal Claims
For federal cases involving amounts over
$10,000, conflicts from Indian Claims
Commission and cases involving some
government contractors. Appeals go to the
CAFC.
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TYPICAL CASE
• Instituted in a U.S. District Court
• Right of Appeal to Circuit Court of Appeals
• Right to Petition, but not be heard, by Supreme
Court
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51 LEGAL SYSTEMS
• 1 Federal System
• 50 State Systems
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STATE COURTS
• 50 State Courts - use New York as an example
• Court of Appeals
• 4 Appellate Divisions
• 12 Judicial Districts
• 57 County Courts
• Appeals from last Court of Appeals in State can go
to U.S. Supreme Court
• Very seldom in a commercial case
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JURISDICTION OF STATE COURTS
• All civil and criminal matters not federal in nature
• Examples – Civil
• Personal Injury
• Family Law
• Commercial Disputes
• Ownership of Property
• Inheritance
• Examples – Criminal
• Murder
• Assault
• Robbery
• Embezzlement
• Arson
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TYPICAL COMMERCIAL CASE IN
A U.S. FEDERAL DISTRICT COURT
• Example
• Russian supplier has agreed to deliver to a New York
Purchaser (NY) 10,000 spruce logs suitable for masts on
sailing vessels for an agreed price of USD $1,000/log or a
total of $10,000,000
• NY has claimed that the logs are not suitable for use as
masts and has only paid $100/log
• Russia hires a lawyer in New York to collect the balance
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JURISDICTION
• Since Russia is a foreign company and NY is a New
York Company, Russian can sue in Federal Court
• Would have option of suing in New York State Court
• If NY sued Russia in New York State Court, Russia could
require case to be moved to Federal Court
• This is called “removal”
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COMMENCEMENT OF ACTION
• File a Complaint
• Sets forth briefly the nature of the case
• Person filing the complaint is a “Plaintiff”
• Service of Process
• Complaint is served on NY
• Official delivery so they know they have been sued
• NY is the “Defendant”
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COMMENCEMENT OF ACTION
• Answer & Counterclaim, if any
• Defendant has 20 days to answer
• Also file a Counterclaim
• Any complaint against Plaintiff
• Answer to Counterclaim
• 20 days
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JURY TRIAL
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Either party to a Civil Action can request a jury
Amendment VII to Constitution
In Federal Court – 6 jurors
In State Courts – 12 jurors
Jurors selected from general population
Jury decides all questions of fact
Judge decides what legal principals apply
Jury applies law to facts and reaches a decision
Neither side is required to pick a jury, but either side
can
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DISCOVERY
• Exchange of information between parties
• Interrogatories
• Questions
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Documents
Review of things or property
Depositions
Request for Admissions
• Lengthy and expensive process
• Electronic Data
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DISPOSITIVE MOTIONS
• Parties attempt to establish case or dismiss case
based on information received in discovery
• Argument before Judge only
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TRIAL
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Jury selection
Opening Statements
Witness presented
Cross-examined by lawyers
Documents and other evidence
Judge instructs Jury as to Law
Closing Arguments
Jury decides
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PRESENTATION OF EVIDENCE
• Live Witnesses
• Questioned by Attorneys who are presenting case
• Cross-examined by Attorneys who are defending case
• Documents
• Authenticity must be proven
• Rules of Evidence
• Assure reliable information is provided
• Examples
• Hearsay
• Offers of Settlement
• Judge only rules on evidence
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PRESENTATION OF LAW
• Parties provide in form of Briefs or Jury Instructions
• Judge selects what he believes is correct
• Judge instructs Jury
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APPEAL
• Notice of Appeal
• Generally accept facts
• Error of law
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WRIT OF CERTIORARI
TO SUPREME COURT
• Very rare, especially in commercial cases
• When Circuit Courts of Appeal disagree
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U.S. LEGAL SYSTEM - LAWS
• U.S. Statutory Laws
• Constitution
• U.S. Code
• Enacted by Congress
• Code of Federal Regulations, (e.g. Tax Regulations)
• Developed by Executive Agencies
• Administrative Procedure Act
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U.S. LEGAL SYSTEM - LAWS
• U.S. Common Case Law
• English Common Law as it existed of date of Constitution –
1789
• Developed by Courts
• U.S. Supreme Court
• U.S. Circuit Courts of Appeal
• U.S. District Courts
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U.S. LEGAL SYSTEM - LAWS
• State Statutory Laws
• State Constitutions
• State Legislation
• Enacted by State Legislature
• State Regulations
• County & Municipal Ordinances
• Land Use (zoning)
• Minor Crimes
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U.S. LEGAL SYSTEM - LAWS
• State Case Law
• English Common Law as of Date of State Constitution
• Developed by State Courts (e.g., New York)
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Court of Appeals
Appellate Divisions
Supreme Courts
Specialized Courts
• Family Matters
• Probate
• Local Courts
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Immanuel Kant Baltic Federal University
Kaliningrad, Russia
INTRODUCTION TO
THE U.S. LEGAL SYSTEM
SESSION TWO
John B. Tieder, Jr., Esq.
McLean, Virginia USA
jtieder@watttieder.com
www.watttieder.com