A party, the petitioner, files a petition for certiorari after a judgment has been rendered against him in the inferior court. The petition must specifically state why the relief sought is unavailable in any other court or through any other appellate process, along with information clearly identifying the case and the questions to be reviewed, the relevant provisions of law to be applied, a concise statement of facts relating to the issues, and any other materials required by statute.
The voting of the justices on the U.S. Supreme Court determines if a case is precedent when there is a strong majority vote. All decisions by the Supreme Court are the supreme law of the land. The majority vote is usually 6-1 or a complete 7 judge vote.
State courts have sweeping and broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as criminal acts, traffic violations, violations of contracts, and family issues-- are usually handled in state courts.
The only cases that are the exclusive jurisdiction of the federal courts are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.
Diversity of citizenship means that a case involving questions that must be answered according to state laws will be heard in a federal court if the parties on the two sides of the case are from different states.
- In drafting a contract, several clauses can often provide certainty as to what law will control, where the dispute will be decided and the method of dispute resolution. List and describe them. Why are these clauses useful to a business?
These clauses are called forum clauses or choice of forum clauses. The reason why they exist is so that the parties entering into the contract know which law will govern (state v.