The Courts and Legal Personnel
Eberhardt Matter:
Rory Eberhardt was struggling financially, and was approached and asked him to sell him trade secrets from his company. He did, but
employers found out and sued him for damages. They also reported him to the police, who are recommending theft charges be filed.
The material he sold was also classified information used in connection with a government contract, and Rory is afraid that treason
charges will also be filed.
His wife also filed for divorce.
He contacted a law firm to represent him but he could not afford it. He contacted his wife's attorneys to see if they would also represe
him, but they refused. He decided to represent himself.
● What if Rory wins civil case and employer appeals?- his case will go to the appellate courts to be reviewed and either retried o
not.
● What if Rory wins criminal case? Any appeal?- no, double jeopardy prevents this in criminal cases. If he was found guilty, he
would be able to appeal.
The Federal Court System:
● The US Constitution provides for the establishment of a Supreme Court and such inferior courts as Congress may establish.
● The federal court structure now consists of trial courts, appellate courts, and one Supreme Court.
● The courts are arranged like a pyramid, the Supreme Court at the top, the courts of appeals in the middle, and the district cou
at the bottom.
-1 Supreme Court, 13 Circuits for Courts of Appeals, 94 Districts for District Courts
-"The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good
Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their
Continuance in Office."
^"good behavior"- can be impeached because of bad behavior
^"compensation which shall not be diminished"- Congress can't drop their pay to try to get them off the panel
Federal District Courts:
Structure:
● In exercising its power to establish lower courts, Congress divided the United States into more than 90 separate districts and
established federal district courts for each of the districts.
● These districts do not parallel with state lines, and many states have multiple districts.
● The number of judges assigned to each district depends on the needs of the individual courts and is influenced by the populati
of the district as well as by the federal budget.
● The are referred to based on their location, for example, the U.S. District Court for the Northern California District.
Function and Jurisdiction:
, ● District Courts are court of original jurisdiction- the power to hear a case first; where the trial takes place; the "fact-finders"- a
higher courts have to go on the facts found and stated in this court
● The role of the trial court, such as the federal district court, is to resolve disputes between parties. To resolve these disputes, a
trial is held. A judge presides and rules on all legal issues that arise and depending on the kind of case, a jury may also be
present.
● Although a district court is a court of original jurisdiction, that does not mean that it can hear any trial. The power to hear a ca
depends on other aspects of jurisdiction, known as subject matter jurisdiction and personal jurisdiction. Because U.S. district
courts are federal courts, they are allowed to hear cases only where federal jurisdiction exists.
● Federal Jurisdiction- the power of the federal courts to hear a case.
● In criminal cases, federal jurisdiction exists when the crime is a violation of federal law. In civil cases, federal subject matter
jurisdiction usually occurs when the dispute revolves around the U.S. Constitution or some federal law.
-Can be criminally charged with violating someone's rights, there are federal kidnapping charges(interstate)
● Federal jurisdiction also exists when the United States is a party to the action when the action is between residents of differen
states and the amount in dispute exceeds $75,000- this is known as diversity of citizenship.
-To eliminate bias for one person if it would be held in their state.
● Personal jurisdiction is when the defendant resides in or has great personal connection to the state in which the court is locate
Special Trial Courts:
● Certain kinds of federal cases are head not in the district courts but rather in specialized trial courts:
-Bankruptcy Court
-U.S. Court of International Trade
-U.S. Claims Court- hears suits against the federal government for money damages in civil matters
-U.S. Tax Court
Federal Appellate Courts:
Structure:
● 13 federal jurisdictions make up the intermediate appellate level of the federal court system.
● The United States is divided into 12 separate geographical appellate areas, called circuits. In addition, one appellate court has
national jurisdiction to hear appeals in patent, copyright, and trademark cases, as well as all appeals from the U.S. Claims Cour
and the U.S. Court of International Trade.
● Cases heard in the court of appeals are normally heard by a three-judge panel that decides the case by a majority vote.
● Occasionally, a case is heard by the entire panel of justices assigned to the particular circuit court- when this happens, the cou
is said to be sitting en banc.
● The number of justices assigned to each court of appeals differs from court to court, depending on the caseload and budget.
● A U.S. Court of Appeals is referred to by number, for example, the U.S. Court of Appeals for the Sixth Circuit.
● Mississippi is in the U.S. Court of Appeals for the Fifth Circuit.
Function and Jurisdiction:
● A U.S. Court of Appeals is primarily a court of appellate jurisdiction- a court that reviews what happened in a lower court
● In most cases, parties have the right to have an appellate court of review of what happened in the trial court.
● The one major exception refers to criminal cases where the prosecutor cannot appeal a not guilty verdict because of the
constitutional right against double jeopardy.
● Appellate judges only review cases to make sure the trial was fair.
● Record- documentation of the proceedings at trial used for an appeal
Eberhardt Matter:
Rory Eberhardt was struggling financially, and was approached and asked him to sell him trade secrets from his company. He did, but
employers found out and sued him for damages. They also reported him to the police, who are recommending theft charges be filed.
The material he sold was also classified information used in connection with a government contract, and Rory is afraid that treason
charges will also be filed.
His wife also filed for divorce.
He contacted a law firm to represent him but he could not afford it. He contacted his wife's attorneys to see if they would also represe
him, but they refused. He decided to represent himself.
● What if Rory wins civil case and employer appeals?- his case will go to the appellate courts to be reviewed and either retried o
not.
● What if Rory wins criminal case? Any appeal?- no, double jeopardy prevents this in criminal cases. If he was found guilty, he
would be able to appeal.
The Federal Court System:
● The US Constitution provides for the establishment of a Supreme Court and such inferior courts as Congress may establish.
● The federal court structure now consists of trial courts, appellate courts, and one Supreme Court.
● The courts are arranged like a pyramid, the Supreme Court at the top, the courts of appeals in the middle, and the district cou
at the bottom.
-1 Supreme Court, 13 Circuits for Courts of Appeals, 94 Districts for District Courts
-"The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good
Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their
Continuance in Office."
^"good behavior"- can be impeached because of bad behavior
^"compensation which shall not be diminished"- Congress can't drop their pay to try to get them off the panel
Federal District Courts:
Structure:
● In exercising its power to establish lower courts, Congress divided the United States into more than 90 separate districts and
established federal district courts for each of the districts.
● These districts do not parallel with state lines, and many states have multiple districts.
● The number of judges assigned to each district depends on the needs of the individual courts and is influenced by the populati
of the district as well as by the federal budget.
● The are referred to based on their location, for example, the U.S. District Court for the Northern California District.
Function and Jurisdiction:
, ● District Courts are court of original jurisdiction- the power to hear a case first; where the trial takes place; the "fact-finders"- a
higher courts have to go on the facts found and stated in this court
● The role of the trial court, such as the federal district court, is to resolve disputes between parties. To resolve these disputes, a
trial is held. A judge presides and rules on all legal issues that arise and depending on the kind of case, a jury may also be
present.
● Although a district court is a court of original jurisdiction, that does not mean that it can hear any trial. The power to hear a ca
depends on other aspects of jurisdiction, known as subject matter jurisdiction and personal jurisdiction. Because U.S. district
courts are federal courts, they are allowed to hear cases only where federal jurisdiction exists.
● Federal Jurisdiction- the power of the federal courts to hear a case.
● In criminal cases, federal jurisdiction exists when the crime is a violation of federal law. In civil cases, federal subject matter
jurisdiction usually occurs when the dispute revolves around the U.S. Constitution or some federal law.
-Can be criminally charged with violating someone's rights, there are federal kidnapping charges(interstate)
● Federal jurisdiction also exists when the United States is a party to the action when the action is between residents of differen
states and the amount in dispute exceeds $75,000- this is known as diversity of citizenship.
-To eliminate bias for one person if it would be held in their state.
● Personal jurisdiction is when the defendant resides in or has great personal connection to the state in which the court is locate
Special Trial Courts:
● Certain kinds of federal cases are head not in the district courts but rather in specialized trial courts:
-Bankruptcy Court
-U.S. Court of International Trade
-U.S. Claims Court- hears suits against the federal government for money damages in civil matters
-U.S. Tax Court
Federal Appellate Courts:
Structure:
● 13 federal jurisdictions make up the intermediate appellate level of the federal court system.
● The United States is divided into 12 separate geographical appellate areas, called circuits. In addition, one appellate court has
national jurisdiction to hear appeals in patent, copyright, and trademark cases, as well as all appeals from the U.S. Claims Cour
and the U.S. Court of International Trade.
● Cases heard in the court of appeals are normally heard by a three-judge panel that decides the case by a majority vote.
● Occasionally, a case is heard by the entire panel of justices assigned to the particular circuit court- when this happens, the cou
is said to be sitting en banc.
● The number of justices assigned to each court of appeals differs from court to court, depending on the caseload and budget.
● A U.S. Court of Appeals is referred to by number, for example, the U.S. Court of Appeals for the Sixth Circuit.
● Mississippi is in the U.S. Court of Appeals for the Fifth Circuit.
Function and Jurisdiction:
● A U.S. Court of Appeals is primarily a court of appellate jurisdiction- a court that reviews what happened in a lower court
● In most cases, parties have the right to have an appellate court of review of what happened in the trial court.
● The one major exception refers to criminal cases where the prosecutor cannot appeal a not guilty verdict because of the
constitutional right against double jeopardy.
● Appellate judges only review cases to make sure the trial was fair.
● Record- documentation of the proceedings at trial used for an appeal
