US Court of Appeals, Essay Example

Dear Partner:

Of the following cases, the following will most likely be heard by the United States Court of Appeals and following is the explanation for such legal redress to be heard at this level:

1. The case involving the dispute over water rights in Colorado, Utah and Arizona can be heard at the U.S. Court of Appeals level because either of these courts have jurisdiction because it is a multi-state litigation dispute. Since this appears to be a regulatory commission dispute this would be heard at a Federal level appellate court.
2. The case involving religious practice at football games at the school in Pennsylvania can be heard at the 5^th District Court of Appeal because this is a case involving infringement of Constitutionality Rights. This type of case involving civil rights claims can be heard at both state and federal US Court of Appeals.
3. The case involving the importation of nuclear wastes from other states can be heard at the US Court of Appeals because there is a dispute between states hence the Court of Appeals from either state can get involved in the litigation. Either state would have jurisdiction because this is a multi-state dispute involving interstate commerce and transportation across state lines.
4. The case of the civil suit brought by a Plaintiff from Tennessee against a Defendant from Kentucky will be heard at the Court of Appeals in Tennessee because Tennessee has jurisdiction over the suit and this is not a federal case, it is a civil suit.
5. The case with regards to a contract dispute between a private company and the U.S. Government would involve litigation of Federal Capacity therefore could be heard by the Federal Court of Appeals. If this were a simple contract dispute between a private party and another private party then it would be heard in the state of jurisdiction in a state appellate court level only.
6. The final case involving a violation of a city ordinance against loitering can be brought to a higher court of appeals as a loitering charge is a criminal charges and every person has the right to defend themselves against a criminal charge. See: Pottinger v. City of Miami – Significance, City’s Treatment of Homeless Violated Their Constitutional Rights, Negotiations Lead to Settlement Agreement where it was distinguished that the city and police were to provide compensation for the homeless of the city rather than charging them with the crime of loitering.
   

With all appeals to the US Court of Appeals, “the panel of judges is there to examine the trial judge records for mistakes of law only and will never consider any additional evidence. The appellate judges will never consider the facts of the case only consider if there has been a misapplication of the law at the lower court.” (“Understanding Federal and State Courts”). Federal court laws are further known as Article III laws because they derive their power from Article III of the United States Constitution.

The Court of Appeals “has jurisdiction to hear cases involving appeals from federal district courts in patent cases, contract cases, and certain other civil actions in which the United States is a defendant.” (“What does the U.S. Court of Appeals for the Federal Circuit review?”).

The US Court of Appeals hears cases up for appeal within its jurisdiction as well as cases from administrative agencies within its jurisdiction. There are 13 Court of Appeals as well as other tribunal courts across the United States. Courts hear cases based on jurisdiction and subject matter of the case. What this means is a court can hear a case based on where the litigation commenced and subject matter determines if the case goes to a state or federal or (both in some cases) US Court of Appeals.

References

Understanding Federal and State Courts (2009) Retrieved January 12, 2010 from, http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm#twosystems

What does the U.S. Court of Appeals for the Federal Circuit review? Retrieved January 12, 2010 from, http://qanda.encyclopedia.com/question/does-us-court-appeals-federal-circuit-review-535397.html

Pottinger v City of Miami (1996) Retrieved January 12, 2010 from, http://law.jrank.org/pages/13212/Pottinger-v-City-Miami.html