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What are the Principal Appellate Courts in New York? -
ANSWER
(1) Court of Appeals
(2) Appellate Division of Supreme Court (divided into four judicial departments)
(3) Appellate Terms of the Supreme Court (terms exist only in First Judicial Department and
Second Judicial Department)
Describe the New York Court of Appeals. -
ANSWER
The New York Court of Appeals is the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. -
ANSWER
The New York Court of Appeals:
(1) has no original jurisdiction;
(2) exercises appellate jurisdiction in criminal cases and civil cases without regard to the
amount in controversy;
(3) its jurisdiction is generally limited to questions of law.
1
,Describe the New York Appellate Division of Supreme Court. -
ANSWER
The Appellate Division of Supreme Court is:
(1) a single, statewide appellate court;
(2) divided into four departments:
- First Department
- Second Department
- Third Department
- Fourth Department
and
(3) is the principal intermediate appeals court for both criminal and civil cases
What is the rule regarding trial departments in one department following precedent of the
Appellate Division for another department?
Stated in other words, is a trial court in the First Department required to follow decisions in
the Appellate Division of the Second Department under the doctrine of stare decisis? -
ANSWER
Under the doctrine of stare decisis, trials courts in a given department are REQUIRED to fol-
low precedent set by the Appellate Division for another department
UNTIL either:
2
,(1) the Court of Appeals OR
(2) the Appellate Division for the department in which the trial court sits
pronounces a contrary rule.
Are Appellate Divisions of each department required to follow the other department's deci-
sions?
Stated in another way, is the First Judicial Department of the Appellate Division bound by de-
cisions made by the Second Judicial Department of the Appellate Division? -
ANSWER
Each department of the Appellate Division should accept the decisions of its sister depart-
ments as persuasive authority but is free to reach a contrary result.
See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d Dept 1984)
Describe the Appellate Terms of the Supreme Court. -
ANSWER
Appellate Terms of the Supreme Court exist in only in the First Judicial Department of the
Appellate Division and the Second Judicial Department of the Appellate Division.
The Appellate Terms of both the First and Second Departments hear appeals from the Civil
Court of New York City.
The Appellate Term of the Second Department ALSO hears appeals from district, county, city,
town, and village courts.
What makes up the Appellate Division's Second Judicial Department? -
ANSWER
3
, The Second Judicial Department is comprised of two counties within New York City.
What makes up the Appellate Division's First Judicial Department? -
ANSWER
The First Judicial Department is comprised of three counties within New York City and seven
other counties.
What are New York's Principal Trial Courts? -
ANSWER
(1) Supreme Court
(2) Court of Claims
(3) County Court
(4) Surrogate's Court
(5) Family Court
Describe the New York Supreme Court's jurisdiction. -
ANSWER
The Supreme Court:
(1) has general, original jurisdiction of all cases in law and equity without monetary limita-
tion UNLESS its jurisdiction has been specifically proscribed;
(2) in some cases, its jurisdiction is concurrent with that of other courts;
4
What are the Principal Appellate Courts in New York? -
ANSWER
(1) Court of Appeals
(2) Appellate Division of Supreme Court (divided into four judicial departments)
(3) Appellate Terms of the Supreme Court (terms exist only in First Judicial Department and
Second Judicial Department)
Describe the New York Court of Appeals. -
ANSWER
The New York Court of Appeals is the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. -
ANSWER
The New York Court of Appeals:
(1) has no original jurisdiction;
(2) exercises appellate jurisdiction in criminal cases and civil cases without regard to the
amount in controversy;
(3) its jurisdiction is generally limited to questions of law.
1
,Describe the New York Appellate Division of Supreme Court. -
ANSWER
The Appellate Division of Supreme Court is:
(1) a single, statewide appellate court;
(2) divided into four departments:
- First Department
- Second Department
- Third Department
- Fourth Department
and
(3) is the principal intermediate appeals court for both criminal and civil cases
What is the rule regarding trial departments in one department following precedent of the
Appellate Division for another department?
Stated in other words, is a trial court in the First Department required to follow decisions in
the Appellate Division of the Second Department under the doctrine of stare decisis? -
ANSWER
Under the doctrine of stare decisis, trials courts in a given department are REQUIRED to fol-
low precedent set by the Appellate Division for another department
UNTIL either:
2
,(1) the Court of Appeals OR
(2) the Appellate Division for the department in which the trial court sits
pronounces a contrary rule.
Are Appellate Divisions of each department required to follow the other department's deci-
sions?
Stated in another way, is the First Judicial Department of the Appellate Division bound by de-
cisions made by the Second Judicial Department of the Appellate Division? -
ANSWER
Each department of the Appellate Division should accept the decisions of its sister depart-
ments as persuasive authority but is free to reach a contrary result.
See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d Dept 1984)
Describe the Appellate Terms of the Supreme Court. -
ANSWER
Appellate Terms of the Supreme Court exist in only in the First Judicial Department of the
Appellate Division and the Second Judicial Department of the Appellate Division.
The Appellate Terms of both the First and Second Departments hear appeals from the Civil
Court of New York City.
The Appellate Term of the Second Department ALSO hears appeals from district, county, city,
town, and village courts.
What makes up the Appellate Division's Second Judicial Department? -
ANSWER
3
, The Second Judicial Department is comprised of two counties within New York City.
What makes up the Appellate Division's First Judicial Department? -
ANSWER
The First Judicial Department is comprised of three counties within New York City and seven
other counties.
What are New York's Principal Trial Courts? -
ANSWER
(1) Supreme Court
(2) Court of Claims
(3) County Court
(4) Surrogate's Court
(5) Family Court
Describe the New York Supreme Court's jurisdiction. -
ANSWER
The Supreme Court:
(1) has general, original jurisdiction of all cases in law and equity without monetary limita-
tion UNLESS its jurisdiction has been specifically proscribed;
(2) in some cases, its jurisdiction is concurrent with that of other courts;
4
