| Line 94: |
Line 94: |
| | !Number of Filings 2011 | | !Number of Filings 2011 |
| | |- | | |- |
| − | |diversity case | + | |diversity cases |
| | |tort actions | | |tort actions |
| | |78,175 | | |78,175 |
| | |- | | |- |
| − | |diversity case | + | |diversity cases |
| | |personal injury actions | | |personal injury actions |
| | |73,749 | | |73,749 |
| | |- | | |- |
| − | |federal law | + | |cases arising under federal law |
| | |prisoner petitions | | |prisoner petitions |
| | |53,611 | | |53,611 |
| | |- | | |- |
| − | |federal law | + | |cases arising under federal law |
| | |civil rights actions | | |civil rights actions |
| | |37,020 | | |37,020 |
| | |- | | |- |
| − | |diversity case | + | |diversity cases |
| | |contract actions | | |contract actions |
| | |32,306 | | |32,306 |
| | |- | | |- |
| − | |federal law | + | |cases arising under federal law |
| | |bankruptcy actions | | |bankruptcy actions |
| | |2,829 | | |2,829 |
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| | In addition, a far greater number of cases are filed in state court each year. | | In addition, a far greater number of cases are filed in state court each year. |
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| − | '''II. The Judiciary'''
| + | In personal injury cases, plaintiffs often prefer to be in state rather than federal court. Can you think of why? (Answer: damage awards in state court tend to be higher). In criminal cases, defendants typically prefer to be in state court too. Do you know why? (Answer: federal courts tend to favor prosecutors more than state courts do; acquittal rates are much higher in state court, and sentencing is often more reasonable). |
| − | | |
| − | The Judiciary Act of 1789 established a federal court system that has grown ever since. Now it consists of 94 federal district courts, 13 federal courts of appeals, and one United States Supreme Court.
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| − | | |
| − | There are only 50 states and a few territories, so some states have more than one federal district court. New York has four. Illinois has three. New Jersey has one. The Virgin Islands, a United States territory, has one federal district court.
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| − | | |
| − | The path of a federal case is typically as follows. A plaintiff first files a lawsuit in a federal district court. It is assigned to a federal judge, who once was appointed by the president and confirmed by the Senate. Federal judges do not stand for election or reelection, and serve for as long as they want. 2829The good news is that they are insulated from the irrational public; the bad news is that there is very little accountability. The judges are supposed to apply the Rule of Law to the dispute before them.
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| − | | |
| − | Not every case can be filed in federal court. If someone is complaining about a violation of federal law, then the lawsuit may be brought in federal court. But if the complaint is based on state law against a defendant who resides in the same state, then the federal courts lack jurisdiction. That case must be filed in state court, where judges are typically elected.
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| − | | |
| − | In personal injury cases, plaintiffs often prefer to be in state rather than federal court. Can you think of why? (Answer: damage awards in state court tend to be higher, and trial attorneys can find friendlier state court judges). In criminal cases, defendants typically prefer to be in state court too. Do you know why? (Answer: federal courts tend to favor prosecutors more than state courts do). | |
| − | | |
| − | If the lawsuit is between citizens of different states, then the amount in dispute must be at least $75,000 to gain access to federal courts. NOTE: THE BOOK IS WRONG BY SAYING THE MINIMUM AMOUNT IS $50,000. But no minimum amount is required if the plaintiffs’ claim is based on federal law.
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| | Suppose you are in federal district court, and you lose. Do you have any further recourse? Yes, you can appeal the decision to a federal court of appeals. In New York, the Court of Appeals is the “Second Circuit”. In New Jersey, appeals are taken to the “Third Circuit,” which covers New Jersey, Pennsylvania, Delaware and the Virgin Islands. In Texas, federal appeals are to the “Fifth Circuit.” The largest federal Court of Appeals is the Ninth Circuit, which covers California, Oregon, Washington, Arizona and other western states. Congress has considered splitting it into two circuits. | | Suppose you are in federal district court, and you lose. Do you have any further recourse? Yes, you can appeal the decision to a federal court of appeals. In New York, the Court of Appeals is the “Second Circuit”. In New Jersey, appeals are taken to the “Third Circuit,” which covers New Jersey, Pennsylvania, Delaware and the Virgin Islands. In Texas, federal appeals are to the “Fifth Circuit.” The largest federal Court of Appeals is the Ninth Circuit, which covers California, Oregon, Washington, Arizona and other western states. Congress has considered splitting it into two circuits. |