Research Memorandum Letter to a Client

Research Memorandum Letter to a Client

Part 1

To: Senior Partner Sam Smith

From: XYZ

Date: 5th September, 2012

Subject: Courts in California and In the Federal System

Federal courts can hear cases based only on federal law, which the U.S. Constitution limits to areas within authority of the federal government, such as interstate commerce or foreign relations. The federal system divides the nation into 90-plus areas, each with a U.S. district court hearing both civil and criminal cases. Over these trial courts are 11 U.S. courts of appeal. Each of these courts can hear appeals only from district courts in its territory. They are neither superior nor inferior to state courts but operate on a parallel level. The basic component of the federal judiciary is the U.S. District Courts. The whole territory of the United States is divided into separate districts based on already existing borders between the states. Every state has one to four counties. Most judicial work is carried out in the state courts. Basic types of courts in this system are: criminal and civil, general and limited jurisdiction and trial and appellate. Criminal courts handle cases involving those people accused of crimes. These courts decide guilt or innocence and fix sentence or punishment. Civil courts deal with so-called private matters, such as between two people or companies disputing the terms of a contract.

Bob should file a lawsuit against the Al, Cathy, and Dan in the Civil Courts of the California. The claim of the promissory note can be enforced by the Civil courts. The lawsuit filed by a creditor bill can be recognized in the writ proceedings if the plaintiff raises an application for an order for payment in this case. The court then decides in closed session without the participation of the parties and ...