Explore BrainMass
Share

US Court of Appeals -- Why?

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

I need assistance with a task which asks which cases would be heard in US Court of Appeals and why - and if not where they would in turn be heard. I have researched the information and still have questions so am turning for assistance. The questions and research are attached.

© BrainMass Inc. brainmass.com October 24, 2018, 8:06 pm ad1c9bdddf
https://brainmass.com/business/NAFTA/usa-court-appeals-88145

Attachments

Solution Preview

STEP 1

On the jurisdiction:

If there are appeals from decisions of federal administrative agencies, the US Appeals Court hears them. If there are appeals from district courts located within its circuit it hears these. Moreover if the United States Court of Appeals is for the Federal Circuit, then it can handle appeals in cases relating to the Court of International Trade, the Court of Federal Claims and cases involving patent laws. United States Court of Appeals is for the Federal Circuit is also called the 13th court.

STEP 2

On the ten cases given below:

1. The case involving the appeal of a decision by a court martial against a soldier is not normally reviewed in any United States Court of Appeals. However, there is a Court of Appeals for the Armed Forces and this is also designated as United States Court of Appeals. In your memo please mention that the case will be heard in the United States Court of Appeals for the Armed Forces.

2. As the United States Court of Appeals is not a court of original jurisdiction, the case involving the dispute among the three states will not be heard in the United States Court of Appeals. However, there is a district court in each of the three states, Colorado, Utah and Arizona. The case can come up for hearing in any of the three district courts, only if there is an appeal to be filed after a decision from the district court can the appeal be filed with either the United States Court of Appeals Ninth Circuit or Tenth Circuit depending on the district court where the original case was filed. Utah and Colorado are Tenth Circuit and Arizona is Ninth Circuit. This is the common ...

Solution Summary

This posting explores which cases are head in the US Court of Appeals. It explores issues of jurisdiction and forum.

$2.19
See Also This Related BrainMass Solution

US Court of Appeals is highlighted.

1. A case involving a dispute between Colorado, Utah and Arizona over water rights.
2.A case involving an appeal of a 5th U.S. District court decision regarding the right of Texas high school students to recite prayers over the school PA system before football games.
3.A case involving a state law prohibiting the import of nuclear waste from other states.
4.A civil suit brought by a plaintiff from Tennessee against a defendant from Kentucky.
5.A contract dispute between a private company and the U.S. government.
6.A case involving a violation of a city ordinance against loitering.

Please include references and please do not cut and paste.

View Full Posting Details