Question

Handout 1B: My Day in Court, But Which One?

Part I
A. A plaintiff is suing for damages resulting from a fall in the supermarket.
Which court should the plaintiff file in?
B. A trial judge did not supply a Russian-speaking defendant in a theft case
with an interpreter and the defendant is convicted. To which court should
the defendant appeal?
C. A defendant is charged with kidnapping a child and taking the child to five
different states. Where would the case be heard?
I
D. Several of the federal circuit courts of appeal are in disagreement over
whether a campaign finance reform law violates the First Amendment. What
is the only court that could decide to hear the case?

Answer 1

The plaintiff should file the case in a trial court in the jurisdiction where the fall in the supermarket occurred. The defendant should appeal to the U.S. Court of Appeals. The case would be heard in the federal district court of the state where the defendant was arrested. The U.S. Supreme Court is the only court that could decide to hear the case.

Step-by-step explanation:

The plaintiff should file the case in a trial court in the jurisdiction where the fall in the supermarket occurred. Trial courts are the initial courts that handle issues such as personal injury cases like the one described. They have general jurisdiction. In this case, it would be a state trial court, unless the fall occurred on federal property, in which case the case may be filed in a federal trial court.

The defendant should appeal to the U.S. Court of Appeals. The U.S. Court of Appeals is the intermediate appellate court in the federal system. It reviews decisions made by the district courts. Since the defendant is convicted in a federal trial court, they can appeal to the U.S. Court of Appeals.

The case would be heard in the federal district court of the state where the defendant was arrested. Federal district courts are the trial courts of the federal system and have jurisdiction over federal offenses. Since the defendant is charged with kidnapping and taking the child across state lines, it would fall under federal jurisdiction and be heard in a federal district court.

The U.S. Supreme Court is the only court that could decide to hear the case. The U.S. Supreme Court has the authority to review cases from the circuit courts of appeal. If there is a disagreement among the federal circuit courts of appeal over the interpretation of a law, the U.S. Supreme Court may choose to hear the case and provide a final decision.