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CHAPTER 4: APPLICATION OF LAW. 4. Using Case Law. Court Hierarchy. Part One: The Court Structure. Federal Court Hierarchy. New York Court Hierarchy. Part Two: Understanding Precedent. Making A Decision . In order to make a decision, the court must follow the law : Constitutional law - PowerPoint PPT Presentation
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4CHAPTER 4:
APPLICATION OF LAW
Using Case LawCourt Hierarchy
Part One: The Court Structure
Federal Court Hierarchy
United States Supreme Court
United States Court of Appeals
United States District Court
New York Court HierarchyNew York Court of Appeals
Appellate Division
Appellate Term
NY Supreme Court
NYC Crim or Civil Court
Part Two: Understanding
Precedent
Making A Decision In order to make a decision, the court
must follow the law:Constitutional lawStatutory lawAdministrative lawCase law from a court decision
Making a DecisionPast case law is precedent
Making a Decision
A court when using court decisions to make a current court decision looks at past case law from various courts.
… It is well settled that police officers, in order to legally forcibly stop and seize an individual, must have articulable, reasonable suspicion that the individual was involved in criminal activity (see People v DeBour, 40 NY2d 210, 223 [1976]; People v McNair, 36 AD3d 1073, 1074 [2007], lv. denied 9 NY3d 847 [2007]). A seizure occurs when there is “a significant interruption with an individual’s liberty of movement” (People v DeBour, 40 NY2d at 216; see People v Ocasio, 85 NY2d 982, 984 [1995]).
Making a Decision
Not all courts are the same or equal.
New York Court of Appeals
Appellate Division
Appellate Term
NY Supreme Court
NYC Crim or Civil Court
What Is The Value Of That Court Decision?
Every court decision does two things: 1) It binds both parties to the
decisions. That is, both parties must follow that decision
2) It sets a precedentIt creates a decision that other court must either follow or think about.
(1) It Binds Both Parties To The Decisions.
When a court makes a decision, each party is bound by it.
Examples: Trial Court motion is granted and an order is
issued.The losing party must follow that court order
Appellate Court hears appeal and reversesThe losing party and the lower court must follow that decision
(2) It Sets A Precedent When any court makes a decision, it
creates precedent. Precedent is case law created by
previous decision. Does precedent bind other courts?
In other words, which courts who must follow that decision?
Which Courts Must Follow Other Courts Previous Decision
(i.e., Precedent)?
Federal Courts
Federal Court System
United States Supreme Court
United States Court of Appeals
United States District Court
Precedential Hierarchy
Using Case Law When a party makes an argument
through pleadings and/or oral arguments, the party will use law.
When they use case law, they want to use case law that is mandatory or controlling on the court before it.
In other words, the law they present is law that the court must follow.
If it is not controlling, then the law is persuasive (i.e., not controlling).
General Rule for Using Cases CONTROLLING:
All decisions from court higher in the court hierarchy are controlling on that lower court.
NOT CONTROLLING (Persuasive): All decisions from a
court lower in the court hierarchy are not controlling on that higher court.
Highest Court
Intermediate Appellate Court
Court of Original Jurisdiction
Federal Courts
United States Supreme Court Decisions
The United States Supreme Court is the final interpreter of the United States Constitution.
If the United States Supreme Court interprets the Federal Constitution, all courts in the United States are bound by these decisions — they must follow that decision
US Supreme Court
US Court of Appeals
US District Courts
United States Court of Appeals Decisions
US Court of Appeals decisions must follow US Supreme Court decisions.
If the United States Court of Appeals renders a decision,
it is controlling on the US District Court
it is persuasive on the US Supreme Court
US Supreme Court
US Court of Appeals
US District Courts
United States District Court Decisions
US District Courts must follow US Supreme Court and US Court of Appeals decisions.
If the United States District renders a decision,
it is persuasive on the US Supreme Court and US Court of Appeals.
It is not controlling on any court.
US Supreme Court
US Court of Appeals
US District Courts
What This Means If you are drafting a
memorandum of law for the US District Court: Cite
US Supreme Court and
US Court of Appeals Decisions
US Supreme Court
US Court of Appeals
US District Courts
What This Means If you are drafting a
memorandum of law for the US Court of Appeals: Cite US
Supreme Court Decisions
US Supreme Court
US Court of Appeals
US District Courts
New York Courts
New York Court of Appeals decisions
The New York Court of Appeals is the final interpreter of New York law, including the interpretation of New York statutes and the New York Constitution.
NY Court of Appeals
NY Appellate Division
NY Supreme Court
New York Court of Appeals decisions
All Court of Appeals decisions must be followed by all lower
appellate courts (Appellate Division or the Appellate Term) and
by all trial courts (courts of original jurisdiction).
NY Court of Appeals
NY Appellate Division
NY Supreme Court
Decisions of intermediate appellate courts
The intermediate appellate courts in New York are the Appellate
Division and the Appellate
Term.
NY Court of Appeals
Appellate Division
AppellateTerm
Supreme Court
NYC Criminal
Court
Decisions of intermediate appellate courts
The Appellate Division hears appeals from the trial court decisions of
The Supreme Court,
The Court of Claims,
Family Court, and Surrogates Court. Appellate Term
(can).
NY Court of Appeals
Appellate Division
AppellateTerm
Supreme Court
NYC Criminal
Court
Decisions of intermediate appellate courts
The Appellate Terms hears appeals from decisions of the NYC
Criminal Court and
the NYC Civil Court.
NY Court of Appeals
Appellate Division
Appellate Term
Supreme Court
NYC Criminal
Court
Decisions of intermediate appellate courts
NY Court of Appeals decisions are controlling on all intermediate appellate courts.
NY Court of Appeals
Appellate Division
Appellate Term
Supreme Court
NYC Criminal
Court
Decisions of intermediate appellate courts
Decisions by the Appellate Division are controlling on courts of
original jurisdiction and
the Appellate Term.
NY Court of Appeals
Appellate Division
Appellate Term
Supreme Court
NYC Criminal
Court
Decisions of intermediate appellate courts
Decisions of the Appellate Term are controlling on courts whose decisions are appealed to it NYC Criminal
Court; and NYC Civil Court.
NY Court of Appeals
Appellate Division
AppellateTerm
Supreme Court
NYC Criminal
Court
Hierarchy Of Authority Between Departments
NY trial courts must follow decisions from the Appellate Division.
The Appellate Division is divided geographically into 4 Departments.
First Department Second Department Third Department Fourth Department 1st 2n
d
3rd4th
What Happens When Two Departments Disagree With Each
Other? Is that possible?
Yes, each Department must follow the court of Appeals, BUT each Department does not have to follow each other.
First Department is not bound by the Second Department
What’s a trial court to do?
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Rule A trial court must
follow their Department’s decisions.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Rule If their Department
has not ruled on the issue, they must follow another Department
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Rule If the Departments
have conflicting rulings, then their decisions are not binding.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
What Happens When Two United States Courts of Appeal
Disagree With Each Other?
The Federal Court of Appeals is divided into 13 Circuits
What Happens When Two Federal Circuits Disagree With Each Other?
The same rules that apply to the New York intermediate appellate courts, apply to the Federal intermediate appellate courts
Procedure in a Trial Court
Follow Court of Appeals decisions
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Procedure in a Trial Court
If no Court of Appeals decision, then follow your Department.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Procedure in a Trial Court
If your Department has not ruled on the issue, then follow another Department.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Procedure in a Trial Court
If the other Departments are in conflict, then there are no controlling decisions.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Procedure in a Trial Court Follow Court of Appeals
decisions If no Court of Appeals
decision, then follow your Department.
If your Department has not ruled on the issue, then follow another Department.
If the other Departments are in conflict, then there are no controlling decisions.
NY Court of Appeals
1st Dept
2d Dept
3d Dept
4th Dept
Sup Ct,
Bronx
County
Sup Ct,
Queens
County
Sup Ct,
Albany
County
Sup Ct, Erie
County
Are Federal Court Decisions Controlling On New York State
Courts?
The United States Supreme Court is the FINAL interpreter of the United States Constitution.
All courts in the United States (both Federal and States Courts), must follow the US Constitution.
Are Federal Court Decisions Controlling On New York State
Courts? In order to follow the constitution, they
must interpret the US Constitution.When the US Supreme renders a decision
interpreting the US Constitution, all courts, both Federal and State, must follow the US Supreme Court decision.
The decision is controlling on ALL courts
What About Other Federal Court’s Decisions?
All decisions of the US Court of Appeals and the US District Courts are NOT controlling on the state courts.
They are persuasive on the state courts.
US Supreme Court
NY Court of Appeals
US Court of
Appeals
Appellate
Division
US District Courts
NY Supreme Court
Part Three: What Does a Court Decision Do?
What Does A Trial Court Decision Do?
Resolves a legal issue from a case.
What Does A Trial Court Decision Do?
In a trial court, the court will decide motions
A motion is a request for a court order. Motion for discovery Motion to suppress evidence Motion to dismiss
The court will grant or deny the motion
What Does An Appellate Court Decision Do?
Resolves a legal issue from a case. In an appellate court, the court will
decide whether the lower court’s decision was within the bounds of law.
What Does An Appellate Court Decision Do?
Did the lower court follow the law correctly?
The appellate court will either Affirm the lower court decision Reverse the lower court decision Modify the lower court decision
What Happens When a Court Reverses?
When the Court of Appeals reverses an Appellate Division case, it might mean the Appellate Division case can no longer be followed by the trial courts.
NY Court of Appeals
Appellate Division
AppellateTerm
Supreme Court
NYC Criminal
Court
STARE DECISIS
Dealing With Precedent: Decisions by the Same Court
Up until not we have talked about one court past decision and whether the lower court has to follow that decision.
What about whether the court has to follow their previous precedent?
Understanding The Concept Of Stare Decisis
Stare decisis: basic legal principle that commands judicial
respect for a court's earlier decisions and the rules of law they embody.
promotes the evenhanded, predictable, and consistent development of legal principles,
fosters reliance on judicial decisions, and contributes to the actual and perceived
integrity of the judicial process.
Understanding the Concept of Stare Decisis
Adhering to our prior case law be the norm.
Not an “inexorable command”Not “a mechanical formula of
adherence to the latest decision” especially in constitutional cases
Departure from precedent is exceptional, and requires “special justification.”