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Courts and Venue 1. A case involving the appeal of a decision by a court martial against a soldier. This is pertaining to case of a soldier. This can not be pursued in the United States Court of appeals or in a civilian court. Article 2 (11) of the uniform code of military justice, providing for the trial by court-martial of all persons accompanying members of the armed forces overseas in time of peace.
Refer cases Kinsella v. Krueger and Reid v covert. However, there is a Court of Appeals for the Armed Forces and this is also designated as United States Court of Appeals. If this is the court you are likely to attend, then this case will be heard in the United States court of Appeals for armed forces. 2.
A case involving a dispute between Colorado, Utah and Arizona over water rights. As the case relates to the dispute between three states i. e. Utah, Colorado and Arizona over the water rights, it can not be pursued in the United States court of Appeals as it does not have jurisdiction over the cases pertaining to three states of United States. A case was brought by U. S Supreme court In Arizona V.
California, (1963). The original suit was brought in the U. S. Supreme Court by the State of Arizona against the state of California and seven of its public agencies.
Later Nevada, New Mexico, Utah and the United States became parties. Special master appointed by the Court conducted a lengthy trial and filed its report containing his findings, conclusions and recommended decree, to which various parties took exceptions. Hence the case decided by US Supreme Court itself. 3. A case involving an appeal of a 5 th U. S.
District court decision regarding the right of Texas high school students to recite prayers over the school PA system before football games. Since this is a case of appeal in the 5 th Circuit united States Court of Appeals can hear this case. A decision by lower court can be appealed to higher courts and up to Supreme Court. Precedents in Supreme Court: In school District of Abington Township v.
Scheme, the Supreme Court found state directed devotional bible reading as unconstitutional as a state directed religious exercise. 4. A case involving a state law prohibiting the import of nuclear waste from other states. If it is an original case, it cannot be tried at United States Court of Appeals. The question does not mention if this is an appeal or original case.
If it is an appeal against an original court decision, then it can be heard at United States Court of Appeals. Otherwise the forum is the US District Court. Further such nuclear waste transfer will be falling under NUCLEAR SECURITY ACT OF 2005. 5. A dispute over U.
S. customs duties imposed on Canadian wood products. As this falls under Canada US free trade agreement (FTA) and GATT, this can be referred to US-Canada free trade agreement dispute settlement panel. 6. A civil suit brought by a plaintiff from Tennessee against a defendant from Kentucky. Tennessee and Kentucky are both under the sixth circuit and as such can be at first trial court. Any appeals on trial court order can be made to in the Court of appeals of Tennessee at Jackson.
Case law: JOSEPH CARL PIERCE, SR. , ET AL. v. CORRECTIONS CORPORATIONOF AMERICA, ET AL. under direct Appeal from the Circuit Court for Hardeman County. 7.
A contract dispute between a private company and the U. S. government. The first forum is US trial court or US District court. Any decision by the lower court can be appealed to appropriate US Court of appeals. 8. A case involving a violation of a city ordinance against loitering.
It should be first tried in trial court or inferior appeal court at first instance. An appeal can be made to US Supreme court by Writ of Certiorari against lower court decisions. Case law: City of Chicago V. Jesus Morales. Et al, decided by US Supreme Court. 9.
A case involving a dispute between two neighbors over damages of less than $ 2, 000 This is case of the Small claims court as the amount is less than $ 5, 000. Case Law: U. S. Supreme Court in the case of WETMORE v. RYMER, 169 U. S. 115 (1898).
This case relates to action of ejectment, brought in circuit court of the United States for the eastern district of Tennessee, to recover a tract of land in Polk country. The declaration alleged that the land was worth more than $ 2000. At the trial, after the plaintiffs evidence was closed, the defendants moved the court to dismiss the plaintiffs suit for lack of jurisdiction as the sum value of the matter in dispute did not exceed $ 2000. But the Court suspended action on this motion till the jurys verdict is rendered. But Jury found a verdict in favor of plaintiffs and assessed their damages for the detention of the premises at $ 1. Thereupon the Court delivered judgment on the verdict and a writ possession and execution accordingly. 10.
A case involving a state's criminal laws, civil code or constitution These matters come under the jurisdiction of the State Courts. For example the cases may involve the interpretation of the state constitution, a state criminal offense or tort. The state courts are common law courts. This means that not only do they have the authority to interpret the law but they also have the authority to create a law if it does not exist by an act of the legislature. The first case has to be filed in the circuit court of relevant district and US Supreme court can be approached for writ of habeas corpus and certiorari in the course of case in circuit court. Case law: U.
S. Supreme Court v. EX PARTE YOUNG, 209 U. S. 123 (1908) REFERENCES: Retrieved on 9 th July, 2006 from web Retrieved on 9 th July, 2006 from web Retrieved on 9 th July, 2006 from web
Free research essays on topics related to: free trade agreement, armed forces, u s supreme court, circuit court, case involving
Research essay sample on U S Supreme Court Free Trade Agreement
