LES 1101 Lecture Notes - Lecture 2: Certiorari, Small Claims Court, General Jurisdiction
26 Jun 2017
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States can administrate law, so long they do not violate the federal constitution. Appellate: they only look at situations when there is a question of the law: in appellate you are arguing the application of the law to the facts, in trial courts you are arguing the facts. Bill: gets introduced, goes to a committee that handles that type of bill, action, send to a subcommittee for further study. Contains all the legislative history of this bill: then a debate is scheduled, scheduled by the speaker of the house, referred to the other chambers, and goes through some of the same process . Certiorari who voted for and against, is published. They do not have to make a decision on the case. Court of appeals circuit: case is appealed on the law. They do not re-examine the facts: we are in the 2nd circuit, can decide if the judge did something right or wrong, reverse and remand, reverse, affirm.
