Copy of news clipping reference to appeals, Southern California, 1928 [image] |
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| Title | Copy of news clipping reference to appeals, Southern California, 1928 [image] |
| Description | Photograph of copy of news clipping reference to appeals, Southern California, 1928. "The Judicial System of the United States, With Reference to Appeals, Writs of Error and Certiorari; This Chart:, This chart shows the appellate relationship between Federal courts and between Federal and States courts, and circumstances under which appeals may be taken and writs of error and certiorari may be filed. Each item is supported by reference to cited sections of the Judicial Code with the important and far-reaching amendments of the Act of February 13, 1925, and other statutory references whenever applicable. The courts represented in the chart are: Supreme Court of the United States, United States Circuit Courts of Appeals, Court of Appeals of the District of Columbia, United States Court of Claims, United States Court of Customs Appeals, United States District Courts, District Courts of Alaska, Canal Zone, Hawaii, Porto Rico, and Virgin Islands, United States Court of China, highest State courts in which suit can be had in matter under review, and Supreme Court of the Philippines.; To Use the Chart:, Find the square containing the court and class of question involved. That square states the remedy available. The line drawn from that square indicates the appropriate appellate court.; Examples of Use of the Chart:, (1) If it is a bankruptcy decision in a district court, we find provision therefor in the third square from left hand corner, and the information that an appeal may be taken to the appropriate Circuit Court of Appeals., (2) If the objectionable decision is in the highest court of a State and is against the validity of an act of Congress, we find the remedy, in the right upper square, to be writ of error to the Supreme Court of the United States., (3) If the decision to which the suitor objects is that of a Circuit Court of Appeals and is against the validity of a State statute on the ground of repugnancy to the United States Constitution, an appeal or writ of error may be had to the Supreme Court of the United States, as shown in the third square from left upper corner., (4) In any decision of the Circuit Court of Appeals, the aggrieved party may file a petition in the Supreme Court of the United States for a writ of certiorari to be addressed to the Circuit Court of Appeals commanding the latter to certify up the record for review. (See second square from upper left corner.); Supreme Court, United States; Circuit Court of Appeals - Court of Appeals, Dis[trict of] Col[umbia], May certify to U[nited] S[tates] Supreme Court any question or proposition of law concerning which either court desires instructions for disposition of cause. (Act Feb[ruary] 13, 1925, amending J.C. Sec[tion] 239.); Circuit Court of Appeals - Court of Appeals, Dis[trict of] Col[umbia], Certiorari, Any case, civil or criminal. (Act Feb[ruary] 13, 1925, amending J.C. Sec[tion] 240 (a).); Circuit Court of Appeals, Appeal or Writ of Error, Decision against validity of state statute on ground of repugnancy to U[nited] S[tates] Constitution, treaty or law. (Act Feb[ruary] 13, 1925, amending J.C. Sec[tion] 240 (b).); Court of Claims, May certify to Supreme Court any definite or distinct question of law concerning which instructions are desired for disposition of cause. (Act Feb[ruary] 13, 1925, Sec[tion] 3 (a).); Court of Claims, Certiorari, Any case: cause, including fact-findings and judgement or decree (omitting evidence). (Act Feb[ruary] 13, 1925, Sec[tion] 3 (b).); Highest State Court in which decision in suit could be had., Writ of Error, Any cause wherein final judgement or decree rendered where:, (1) Decision is against validity of U[nited] S[tates] treaty or statute, or, (2) Decision sustains validity of state statute validity of which is contested on ground of repugnancy to U[nited] S[tates] Constitution, treaty or law. (J.C. 237 (a) amended by Act Feb[ruary] 13, 1925.); Court of Customs Appeals, Certiorari, 1. Any case drawing in question construction of U[nited] S[tates] Constitution or treaty, or, 2. Where Attorney General certifies case of such importance as to render expedient its review (J.C. 195, as amended Act Aug[ust] 22, 1914.), 3. Questions of law in cases from Tariff Commission. (Act Sep[tember] 21, 1922 c. 356, 42 Stat[ute] 943 (Comp. St. Sec. 5841c-27.); District Courts, Appeal, In suits in equity brought by U[nited] S[tates] under Anti-Trust, Interstate Commerce, or Expediting Act of February 11, 1903. (J.C. Sec[tion] 238 (1): Act February 13, 1925.); District Courts, Writ of Error, Sued out by government to review decision sustaining demurrer, motion to quash, or special plea in bar when decision based on construction of statute on which indictment founded. J.C. Sec[tion] 238 (2): Act Feb[ruary] 13, 1925, Act Mar[ch] 2, 1907, c. 2564.); District Courts, Appeal, From an interlocutory or final judgment or decree restricting issuance of injunctions to suspend enforcement of state statute or of order made by state administrative board or commission or final decree granting or denying permanent injunction in such suit. (J.C. Sec[tion] 238: Acts Mar[ch] 4, 1913, c. 160, Feb[ruary] 13, 1925.); District Courts, Appeal, To review interlocutory and final judgment and decree in suit to enforce, suspend, or set aside order of Interstate Commerce Commission other than for payment of money. (J.C. Sec[tion] 238 (4): Acts Oct[ober] 22, 1913, c 32, Feb[ruary] 13, 1925.); District Courts, Appeal, From interlocutory or final judgment or decree under Packers and Stockyards Act, Aug[ust] 15, 1921, Sec[tion] 316, relating to powers and duties of Secretary of Agriculture in enforcing said act. (J.C. Sec[tion] 238 (5): Act Feb[ruary] 13, 1925.); Highest State Court in which decision in suit could be had., Certiorari, Any cause wherein final judgment or decree rendered or passed, where:, (1) Validity of U[nited] S[tates] treaty or statute drawn in question, or, (2) Validity of state statute drawn in question on ground of repugnancy to U[nited] S[tates] Constitution, treaty or law, or, (3) Any title, right, privilege, or immunity is specially set up or claimed by either party under U[nited] S[tates] Constitution, treaty or statute, or commission held or authority exercised under U[nited] S[tates] (J.C. Sec[tion] 237 (b), amended by Act Feb[ruary] 13, 1925.); Supreme Court Philippines, Certiorari, Any case where U[nited] S[tates] Constitution, treaty or statute involved, or amount in controversy, exceeds $25,000, or title or possession of real estate valued above $25,000, involved: U[nited] S[tates] Supreme Court may require, by certiorari, cause certified for review and determination. (Act Feb[ruary] 13, 1925, Sec[tion] 7.); U[nited] S[tates] Customs Court (Board General Appraisers), Appeal, Complaint as to appraised value, classification, and rate of duty. (Acts Sep[tember] 21, 1922, c. 356, May 28, 1926.); Tariff Commission, Questions of law in findings as to unfair methods of competition or unfair acts in importing. (Act Sep[tember] 21, 1922, supra.); District Courts of U[nited] S[tates], Appeal or Writ of Error, All cases, including those arising under concurrent jurisdiction with Court of Claims, except where direct review may be had in Supreme Court under amended J.C. Sec[tion] 238, (J.C. Sec[tion] 128 (a): Act Feb[ruary] 13, 1925.); District Courts, Appeal, From decisions sustaining or overruling exceptions to awards in arbitrations under Arbitration Act, July 15, 1913, Sec[tion] 8 (J.C. Sec[tion] 128 (b): Act Feb[ruary] 13, 1925.); District Courts, Appeal and Supervision, Of proceedings, controversies, and cases brought under Bankruptcy Act. (J.C. Sec[tion] 128 (c): Act Feb[ruary] 13, 1925.); District Courts, Or judge thereof in vacation., Appeal, From interlocutory order or decree where:, 1. Injunction granted, continued, modified, refused, or dissolved by interlocutory order or decree, 2. Application to dissolve or modify injunction refused, 3. Interlocutory order or decree made appointing receiver, or refusing an order to wind up pending receivership, or to take appropriate steps to accomplish purposes thereof, as directing sale or disposal of property. (J.C. Sec[tion] 129 amended by Act Feb[ruary] 13, 1925.); District Courts Alaska and Virgin Islands, Appeal or Writ of Error, Cases:, (1) Involving U[nited] S[tates] Constitution, treaty or law, or authority exercised thereunder, (2) Other civil cases where amount in controversy exceeds $1,000, (3) Other criminal cases where offense punishable by death or more than 1 year imprisonment., (4) Habeus corpus. (J.C. Sec[tion] 128 (a): Act of Feb[ruary] 13, 1925.), (5) Proceedings, controversies and cases under Bankruptcy Act. (J.C. Sec[tion] 128 (c): Act Feb[ruary] 13, 1925.); District Court Canal Zone, Appeal or Writ of Error, (1) All proceedings and controversies involving U[nited] S[tates] Constitution, treaty, law, title, right, or privilege., (2) Civil cases wherein amount in controversy exceeds $1,000., (3) Civil or criminal cases where jurisdiction of trial court in issue. (J.C. Sec[tion] 128 (a): Act Feb[ruary] 13, 1925, Act. Sept[ember] 21, 1922, c. 370, Sec[tion] 3.); District Courts Hawaii and Puerto Rico, Appeal or Writ of Error, All cases. (J.C. 128 (a): Act Feb[ruary] 13, 1925.); Supreme Courts of Hawaii and Puerto Rico, Appeal or Writ of Error, (1) All cases involving U[nited] S[tates] Constitution, treaty or law, or authority exercised thereunder. (2) Other civil cases, amount in controversy exceeding $5,000., (3) Habeas corpus. (J.C. Sec[tion] 128 (a): Act Feb[ruary] 13, 1925.); U[nited] S[tates] Court for China, Appeal or Writ of Error, All cases. (J.C. Sec[tion] 128 (a): Act Feb[ruary] 13, 1925.)" -- written on copy of news clipping. |
| Subject (lcsh) | Flow charts |
| Filename | DW-1928-03-17-82~01.TIF |
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