Civil Procedure I Outline

Structure of Judicial System
2 judicial systems (federal and state)
o       Federal Court
§        Court of specific jurisdiction
·        Doesn’t have jurisdiction unless there is a specific judicial provision to hear the case
·        Fed court can refuse to hear cases even if there is a federal question
o       Federal question jurisdiction – question of federal law
§         Supplemental jurisdiction: can answer questions of state law if there is also a federal question
o       Diversity jurisdiction – parties aren’t from the same state
§         historical justification
·        worried about judges favoring litigants from their home state
o       State court
§        Court of general jurisdiction
·        Default in state system is that state court has jurisdiction unless there is a specific legal reason
§        99% of civil litigation is in state court
§        Federal judiciary is bigger than any individual state judiciary
§        Ex. Michigan
·        7 Superior Court judges
·        28 appellate court judges (1 court of appeals and 3 divisions)
·        Several dozen trial court judges
Hierarchy of Courts
o       Supreme Court
§        Federal
·        9 justices
o       Final decision on judicial questions
o       Appeals Court
§        Federal
·        13 courts of appeals
o       11 geographically (incl. Washington DC)
§         DC circuit (appeals coming out of government agencies)
§         Special circuit (also in DC) for specific topics: intellectual property, tax, etc.
§         Roughly 12 judges/circuit = approx. 150 judges total
·        Circuits aren’t bound by each other’s decisions
o       Trial Court
§        Federal
·        94 (5 in US territories)
·        States divided by population into districts
o       Judges appointed for life by President and confirmed by Senate
§         Roughly 10 judges/district = approx. 900 total
§         After certain age or tenure, judge takes senior status
·        Has decreased case load and less clerks
o       Specialty Courts: tax, bankruptcy, probate, family
§        Tax: appointed for 15 year renewable term by President
§        Bankruptcy: appointed for 8 year renewable term by majority vote of appellate judges
o       Magistrates
§        Appendages of federal district courts
·        Magistrates created by statute
o       Congress authorizes them and gives them money
·        Judges assistant to regular federal district judges
·        Selected by majority vote of judges in a given district
·        Appointed for approx. 6 year terms
o       Can be reappointed
o       Stepping stone to federal judge position
·        Hear less important disputes within the case
·        Hear discovery disputes
·        Can’t decide “dispositive” questions about a case
o       Motions that would dispose of the case, unless the parties consent
§         Judges now ask parties to consent to have magistrates decide dispos