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Thread: Can anyone answer these questions?

  1. #1
    Guest
    I am very confused about some of the terms used in this country and i would appreciate if someone help me to understand what are these-

    (A) What are the differences between State Trooper, County Sheriff, City Cop. Why they are called by different names when they perform the same task.

    (B) What are Ist, Second, Third, Fourh, Fifth, Sixth, Seventh, Eight, and Ninth Circuit Courts and why they are designated by these names.

    (c) What are the differences between Municipal, District, Superior Courts when they are located in the same jurisdiction.

    (D) Who are these Assembly persons, Council persons, City legislators, State Senators in the State, and how their jobs are differed when they all do the same jobs.

    (E) Where do i need to file appeal if i already lost the case in State Supreme Court. I know that i do need to file in U.S. Supreme Court, but how would i found where because Courts don't give any information about it, even though we all know that U.S. Supreme Court is located in Washington D.C. By the way, i don't have federal case while a local case, and civil in nature being a family laws related.

  2. #2
    Guest
    I am very confused about some of the terms used in this country and i would appreciate if someone help me to understand what are these-

    (A) What are the differences between State Trooper, County Sheriff, City Cop. Why they are called by different names when they perform the same task.

    (B) What are Ist, Second, Third, Fourh, Fifth, Sixth, Seventh, Eight, and Ninth Circuit Courts and why they are designated by these names.

    (c) What are the differences between Municipal, District, Superior Courts when they are located in the same jurisdiction.

    (D) Who are these Assembly persons, Council persons, City legislators, State Senators in the State, and how their jobs are differed when they all do the same jobs.

    (E) Where do i need to file appeal if i already lost the case in State Supreme Court. I know that i do need to file in U.S. Supreme Court, but how would i found where because Courts don't give any information about it, even though we all know that U.S. Supreme Court is located in Washington D.C. By the way, i don't have federal case while a local case, and civil in nature being a family laws related.

  3. #3
    Guest
    That's quite a list of questions, and I can't address them all.

    Regarding the various Federal Circuit Courts, (1st, 2nd, etc.), this is just an administrative system set up at the Federal level to manage the federal courts. There are three tiers of Federal Court: District, Circuit, and the Supreme Court at the top. A case will start at a District Court, if it is appealed, the case goes to the Circuit court that the District court is located in. Appeals from the Circuit court may be made to the Supreme Court.

    Regarding where to appeal a State Supreme Court case, if there is a Federal question (generally is there a Constitutional argument to be made), denials in State Court may be appealed to the Federal District Court. A civil family matter (as you suggest in your post) would probably not qualify for appeal to the Federal court system. Before you attempt to file an appeal, you should consult with a local attorney. The Rules of Procedure at the Federal level are very strict, and if your appeal does not follow their guidelines, they will not consider it. Also, in some states (like NY), the "Supreme" Court is the local court, not the appeal court. If the denial was at the local level, you must appeal it through the state's appeals courts before you can make an appeal to the Federal side. It's not clear from your post if your case was actually denied at the appellate level, or only at the first level of the judicial system.

  4. #4
    Guest
    thank you Guest, but i still did not get the answers to my questions-like why it is designated by Ist, second, third courts etc... My case was started in Family court, a Superior Court in New Jersey, then i filed the appeal in Appellate Court, then i filed the appeal in New Jersey Supreme Court, and now i need to file appeal in U.S.Supreme Court. My case is about a divorce case where Superior Court issued the Order in the favor of my wife all the property what i earned thru my hard work and there was no any testimony taken from me at all. Appellate Court and New Jersey Supreme Court did not even review my case carefully and denied my appeal without giving any reason of their denial, as a rubber stamp to lower court's decision. I am not asking information about the situation in my case, but rather the questions presented above. Thanks.

  5. #5
    Guest
    I may try to answer your question.
    As guest said there are District, then circuit and supreme courts.
    Ist circuit 2nd circuit .. and so on it total 11 circuits, its by area wise and as States are united so the court are, what 3rd circuit court does in PA same kind of work was done by (th cicuit in California. both work independently but decision will be similar to most extends, its only differs when state Laws comes in picture.( for example: immigration LAw will be the same thruout united states But in crime some states has death panelties and some don,t)
    IF you live in NJ and you got unfavourable decision from district court, you can appeal in 3rd circuit court, 3rd circuit has jurisdiction over NJ, where ever if you live in California and got same decision fron district court you will appeal in 9th circuit court. Not in 3rd circuit.

  6. #6
    Guest
    I can even give you the link how to proceed.

    http://www.ca3.uscourts.gov/internet...%20Opening.htm

  7. #7
    Guest
    It's not clear from your description that you have a Federal cause of action. If there is no Federal claim for the appeal, you cannot file a Federal appeal of a State court decision.

    I would suggest (again) that you consult with an attorney before you proceed. Appellate practice is extremely complicated, and relying only on a website for legal advice is not the wisest course of action.

  8. #8
    Guest
    guest is right. its complicated you must seek help of attorney specially divorce attorney.

  9. #9
    Guest
    thank you for your efforts, but i still did not get the answer to my question and i am not here for my case while to find out other terms. About my case, i already explained you earlier that it is a divoce case, so obvisouly not a federal matter, and i did lost the case, then i filed the appeal in Appellate Court, which i lost also, then i filed appeal in NJ Supreme Court, which i lost also because all these courts just have rubber stamped on my case without reviewing it, and i know that i need to file the appeal in U.S.Supreme Court. I cannot afford the attorney because they are asking for $26,000 to appeal to U.S.Supreme Court. I have better understanding on NJ family laws while i spend my 4 yrs in law library while doing law research when i was filing all those appeal. I did everything right, but my case was never even reviewed as it supposed to be.

  10. #10
    Guest
    You seem to be ignoring the crucial point: If you do not have a FEDERAL cause of action (i.e., basis for appealing the case due to a violation of a Constitutional right), you have no standing to submit an appeal to the U.S. Supreme Court or to any Federal court. The fact that the State Court of Appeal denied your case does NOT entitle you to Federal review. Unless you have a Federal claim, the courts will ignore your case as improperly filed.

    Further, while you may believe that your four years of time in a law library sufficiently educated you on how to proceed in court, the fact that, as you describe it, the courts ignored your filings strongly indicates that you did NOT do things right. Find a lawyer that will charge less than what you quoted. It seems likely that you could get an hour of consultation time for a much lower rate.

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