OVERVIEW OF THE AMERICAN COURT SYSTEM
By Attorney Robert A. Mich, Jr.
November, 2015
By Attorney Robert A. Mich, Jr.
November, 2015
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
In the past few days, Governor Scott Walker appointed Rebecca Bradley to the Wisconsin Supreme Court in response to the passing of Justice Patrick Crooks. Because there is often confusion regarding our overlapping court systems, this is a good time to review the state and federal court systems and their use for resolving construction disputes.
In the Wisconsin state court system, there are three levels of courts: circuit courts, courts of appeal, and the Wisconsin Supreme Court. Judges at each of these levels are elected, although in the instance of death, retirement, or resignation, the governor can appoint a replacement until the next election cycle. Circuit court and court of appeals judges are elected to terms of six years; Wisconsin Supreme Court justices have ten-year terms.
The vast majority of cases that a contractor may encounter that end up in court (contract collection claim, damage to property from defective construction, bid dispute, personal injury claim, etc.) will be filed in state court. In most but not all cases, the parties have a right to a jury trial, although that right can be waived, in which case the judge would effectively serve as the jury. If either party is not satisfied with the outcome at trial in the circuit court, they have a right of appeal to the court of appeals. Three judges are typically assigned to decide an appeal, resulting in a written decision either affirming or reversing the circuit court.
If a party disagrees with the court of appeals’ decision, they may petition the Wisconsin Supreme Court to hear the appeal. The Wisconsin Supreme Court consists of seven sitting justices, who have discretion to determine which cases they will hear. The Wisconsin Supreme Court typically hears only a handful of cases. In the 2014 term that ended in July, 2015, the Wisconsin Supreme Court issued a total of 53 decisions. Because so few cases are accepted, supreme court decisions tend to focus on very significant policy and procedural issues. The Wisconsin Supreme Court is generally the court of last resort for any state court issues, including interpretation of any Wisconsin laws and the Wisconsin Constitution.
The United States court system is distinct from a state court system like Wisconsin’s, although there are many similarities and some overlap. As in Wisconsin, the U.S. court system has a three-tiered hierarchy, consisting of district courts, courts of appeal, and a supreme court. However, unlike Wisconsin, federal judges are appointed by the President and confirmed by the United States Senate. Federal judges are granted a lifetime appointment. Wisconsin has two district courts–an Eastern District based in Milwaukee and a Western District based in Madison. Appeals from those courts are heard by the 7th Circuit Court of Appeals. Appeals from the 7th Circuit go to the United States Supreme Court.
Lawsuits that originate in federal court typically involve issues under the United States Constitution or federal laws. Some examples of suits that a contractor might face in federal court are OSHA violations, disputes regarding retirement contributions under ERISA, or federal discrimination claims. Another common basis for federal court jurisdiction is where the plaintiff and defendant reside in different states and the amount in controversy exceeds $75,000.00, commonly referred to as “diversity jurisdiction.” If a case is initially filed in state court but an opposing party would have been eligible to have a federal court hear the case, a party can “remove” the case to federal court.
To the non-lawyer, the state and federal court systems can be a confusing maze, made all the more bewildering in that prior to even filing suit, a party is often required to issue certain notices or comply with other pre-suit requirements. Whenever a situation arises that might give rise to a legal claim, the prudent course of action is to consult with a lawyer to make sure that all procedural requirements are met and to ensure that suit will be filed in the correct jurisdiction.
Fun fact: With the appointment of Rebecca Bradley to the Wisconsin Supreme Court, Wisconsin’s Supreme Court now has a greater percentage of women supreme court justices (5 of 7, including Chief Justice Pat Roggensack, Shirley Abrahamson, Ann Walsh Bradley, and Annette Ziegler) than any other supreme court in the country!
In the Wisconsin state court system, there are three levels of courts: circuit courts, courts of appeal, and the Wisconsin Supreme Court. Judges at each of these levels are elected, although in the instance of death, retirement, or resignation, the governor can appoint a replacement until the next election cycle. Circuit court and court of appeals judges are elected to terms of six years; Wisconsin Supreme Court justices have ten-year terms.
The vast majority of cases that a contractor may encounter that end up in court (contract collection claim, damage to property from defective construction, bid dispute, personal injury claim, etc.) will be filed in state court. In most but not all cases, the parties have a right to a jury trial, although that right can be waived, in which case the judge would effectively serve as the jury. If either party is not satisfied with the outcome at trial in the circuit court, they have a right of appeal to the court of appeals. Three judges are typically assigned to decide an appeal, resulting in a written decision either affirming or reversing the circuit court.
If a party disagrees with the court of appeals’ decision, they may petition the Wisconsin Supreme Court to hear the appeal. The Wisconsin Supreme Court consists of seven sitting justices, who have discretion to determine which cases they will hear. The Wisconsin Supreme Court typically hears only a handful of cases. In the 2014 term that ended in July, 2015, the Wisconsin Supreme Court issued a total of 53 decisions. Because so few cases are accepted, supreme court decisions tend to focus on very significant policy and procedural issues. The Wisconsin Supreme Court is generally the court of last resort for any state court issues, including interpretation of any Wisconsin laws and the Wisconsin Constitution.
The United States court system is distinct from a state court system like Wisconsin’s, although there are many similarities and some overlap. As in Wisconsin, the U.S. court system has a three-tiered hierarchy, consisting of district courts, courts of appeal, and a supreme court. However, unlike Wisconsin, federal judges are appointed by the President and confirmed by the United States Senate. Federal judges are granted a lifetime appointment. Wisconsin has two district courts–an Eastern District based in Milwaukee and a Western District based in Madison. Appeals from those courts are heard by the 7th Circuit Court of Appeals. Appeals from the 7th Circuit go to the United States Supreme Court.
Lawsuits that originate in federal court typically involve issues under the United States Constitution or federal laws. Some examples of suits that a contractor might face in federal court are OSHA violations, disputes regarding retirement contributions under ERISA, or federal discrimination claims. Another common basis for federal court jurisdiction is where the plaintiff and defendant reside in different states and the amount in controversy exceeds $75,000.00, commonly referred to as “diversity jurisdiction.” If a case is initially filed in state court but an opposing party would have been eligible to have a federal court hear the case, a party can “remove” the case to federal court.
To the non-lawyer, the state and federal court systems can be a confusing maze, made all the more bewildering in that prior to even filing suit, a party is often required to issue certain notices or comply with other pre-suit requirements. Whenever a situation arises that might give rise to a legal claim, the prudent course of action is to consult with a lawyer to make sure that all procedural requirements are met and to ensure that suit will be filed in the correct jurisdiction.
Fun fact: With the appointment of Rebecca Bradley to the Wisconsin Supreme Court, Wisconsin’s Supreme Court now has a greater percentage of women supreme court justices (5 of 7, including Chief Justice Pat Roggensack, Shirley Abrahamson, Ann Walsh Bradley, and Annette Ziegler) than any other supreme court in the country!