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Introduction to U.S. Law Fall 2017 Day 4

Learn about the Federal Court System, judicial appointments, and citation styles in the U.S. legal system with a focus on District and Appeal Courts. Explore typical State Court Systems and citation formats, including published decisions and discretionary reviews.

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Introduction to U.S. Law Fall 2017 Day 4

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  1. Introduction to U.S. Law Fall 2017Day 4 • Professor Clark D. Cunningham • W. Lee Burge Chair in Law & Ethics • cdcunningham@gsu.edu • www.ClarkCunningham.org • Georgia State University College of Law

  2. Federal Court System • Trial courts- U.S. District Court for the Northern District of Georgia • Right of appeal to: • Appeal courts – Court of Appeals for the 11th Circuit • Discretionary review by: • U.S. Supreme Court

  3. All US District, Appeal, S.Ct Judges • Appointed by President with advice and consent of the Senate (majority vote) • Senators greatly influence appointment of Appeal and District Court judges • Serve “during good behavior” • Removal requires • Bill of impeachment in House of Representatives • Conviction in Senate

  4. Citation – US Supreme Court • West Publishing Company: www.westlaw.com • Annotates court decision • US Supreme Court • Official Citation: Volume U.S. First Page (Year) • West Citation: Supreme Court Reporter • Volume S.Ct. First Page (Year) • Nix v. Whiteside, 475 U.S. 157, 106 S. Ct. 988 (1986)

  5. Citation – Court of Appeal (Federal) • No Official Citation • West Citation: Federal Reporter 2d, 3d • Volume F.2d First Page (___ Cir. Year) • Whiteside v. Scurr, 744 F.2d 1323 (8th Cir. 1984)

  6. Citation – Trial Court (Federal) • No Official Citation • Decisions not always published • Judge decides issue of importance • West Citation: Federal Supplement • Volume F.Supp. First Page (District Year) In re Ryder, 263 F.Supp. 360 (E.D. Va. 1967)

  7. Typical State Court System • Trial courts • Right of appeal to: • State Court of Appeals • Discretionary review by: • State Supreme Court • Discretionary review if federal law is involved • US Supreme Court

  8. Citation – State Supreme Court • Official Citation: Volume State First Page (Year) • West Citation: Regional Reporter - Southeastern Reporter 2d • Volume S.E2d First Page (Year) • Bernocchi v. Forcucci, 279 Ga. 460, 614 S.E.2d 775 (2005) or • Bernocchi v. Forcucci, 614 S.E.2d 775 (Ga. 2005)

  9. Citation – State Court of Appeals • Official Citation if available Volume State App First Page (Year) • West Citation: Regional Reporter - Southeastern Reporter 2d • Volume S.E2d First Page (Year) • Peters v. Hyatt Legal Services, 220 Ga.App. 398, 469 S.E.2d 481 (1996) or • Peters v. Hyatt Legal Services, 469 S.E.2d 481 (Ga.App.1996)

  10. Citation – State Trial Courts • Decisions almost never published.

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