Cunningham v/ California

UNIT 1 : THE JURISDICT° OF THE COURTS IN THE US

§1 : THE COURT SYSTEM

The American system of courts is a dual one :

• State courts
• Federal courts

Art. VI of the US C° : the supreme law of the land is the US Constitution ensuring that it prevails over any law or constitution of the states.

A : STATE COURT SYSTEMS

State judiciaries are established and organized by state constitutions. Most state judges are elected.

There are between 2 and 4 levels of courts in this system :

• Trial courts : they are sometimes divided into 2 types of courts :

• Courts of general jurisdiction : 1 judge sits with ou without a jury. He si competent to hear criminal or civil case that does not fall within the jurisdiction of special courts of limited jurisdiction
• Courts of limited/special jurisdiction 

• These courts bellow are important because they are necessary to respect the due process of law (fundamental right to appeal a court decision).

• Appellate courts : they constitute a layer of jurisdiction between the trial courts and the final court of appeal.  
• Highest state courts like State Supreme Court : juges sit in panel of 5 to 9, in general 7.

A : FEDERAL COURT SYSTEM

Federal judges are all appointed by the President with the advice and consent of the Senate. This system comprises 3 levels of courts of limited jurisdiction and special courts of exclusive jurisdiction :

• US Suprem Court : the Art. 3 of the US Constitution which describes the federal judiciary only mentioned the USSC. 9 justices (not judge) on the Supreme Court sit « en banc ».
• Art. 3 courts : courts created under the article 3 by the Congress.
  Ex : the district and circuit courts. A single judge sits in district courts and circuit judges sit in panels of 3.
• Art. 1 courts : courts created by the Congress under its own jurisdiction defined in Art. 1 of the US C°. Ex : The US Tax Court, The US Court of Criminal Appels…

Though this system is said to be dual, there exists a 3rd judicial system : the tribal courts.

§2 : JURISDICTION OF THE COURTS

A : JUDICIAL POWER AND SOVEREIGN IMMUNITY

The power of the judiciary is not unlimited because the federal government has 11th Amendment immunity. It cannot be sued unless it expressly consents to it in a statute. To be sued by a court, they have to expressly waive their immunity.

But no immunity in 4 cases :

• For the lower levels like cities or municipalities
• When a state violates the US or its own constitution
• When a  state has acted in bad faith or in a discrimination manner
• USSC, 2002, Lapides v/ Board of Regents : if a state removes a case to a federal court, it automatically loses its 11th Amendment immunity to remove the case.

B : JURISDICTION OF THE FEDERAL AND STATE COURTS

The scope of these courts is limited by the art. 3 sect° 2 of the US C° and the 11th Amendment. Whatever jurisdiction has not been exclusively grated to the federal courts remains in the state courts.

USSC, 2009, Haywood v/ Drown : state courts have inherent authority and thus presumptively competent to adjudicate claims arising under the laws of the US.

State cours are therefore presumed to have almost unlimited subject-matter jurisdiction. But state and federal courts have jurisdiction to decide whether a federal law is constitutional or not.

To hear a case, a court mus have both subject-matter juridiction (jurisdiction over the law and facts) and personal jurisdiction (jurisdiction over the parties to a lawsuit).

1. SUBJECT-MATTER JURISDICTION

3 possible types of subject-matter jurisdiction

• Exclusive subject-matter jurisdiction of the Federal Courts :

• When the US is a party to the case
• Bankruptcy, copyright claims…
• The USSC has original jurisdiction in disputes arising among states and between states and the federal government

• Federal question jurisdiction :
• Diversity jurisdiction : unless the amount of money in controversy in a civil lawsuit exceeds $75.000, the claim will be adducted by a state court.
  Moreover, in deciding whether to allow or dismiss a case, the district judge will look at the domicile of all the parties involved in the case at the moment the action is commenced or removed. In fact, the rule of complete diversity imposes that no plaintiff should come from the same state as the defendant.

1. PERSONAL JURISDICTION

Personal jurisdiction is the court’s power over a party whether a natural person or a legal person. If a court has no personal jurisdiction over a defendant, it will have to dismiss the case and the plaintiff will have to sue in another forum having jurisdiction over the defendant.

3 ways for a court to have personal jurisdiction :

• Consent : ex coming to court
• Presence : the defendant is present in the state
• Residence

14th Amendment of the US C° : it prohibits any action against a defendant when the defendant does not have minimum contact with the state where the court sits.

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