MANAGMNT 260 Lecture Notes - Lecture 6: Specific Performance, Concurrent Jurisdiction, Precedent
14 Oct 2016
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Jurisdiction: trial court jurisdiction = original jurisdiction, intermediary court of appeals and the highest courts = Appellate jurisdiction: keep in mind that the scotus has original jurisdiction in some limited cases. Circuit of appeals: 11 numbered circuits, federal circuit and d. c. circuit. State and federal courts: federal courts. Highest court in the federal system = scotus (9 justices) Intermediary court of appeal = us court of appeal for the. __ circuit (ma = 1st circuit, connecticut/new york = 2nd circuit, california = 9th circuit) Mandatory versus persuasive authority: trial court decisions are never mandatory authority, state trial court decisions are generally (although not universally) prohibited from being considered persuasive authority, federal trial court decisions can be considered as persuasive authority. Criminal versus civil cases: in criminal cases, the state brings the action against the defendant. It is usually to vindicate generalized social interests. There has to be a violation of the criminal law.
