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Federal Court System

Sometimes there's some confusion about court cases and what they affect and who they affect. We will try to explain that here. All copyright cases are tried in federal court. Trademark cases can be tried in state court or federal court depending upon the issue. States have trademark laws that are close to federal trademark laws and if two parties are fighting over a state trademark, the case is not federal. Federal Circuits are broken up into districts, usually by state, and some states have more than one district. Federal cases begin in the Circuit Court. A ruling from a circuit court is not binding upon any other court in that circuit or any other federal circuit. However, if an opinion is considered to be particularly detailed and legally balanced, a circuit court decision can be viewed as a precedent and will be quoted by other courts and lawyers wanting to make a similar point. Usually, this only happens at the Court Of Appeals for the circuit. A decision from an Appellate Court is binding upon the courts in that circuit but may be cited as an authority by other circuits (although not necessarily binding on other circuits). Many states have more than one "District" because of population. For example, Colorado has one district while Missouri has two districts - Eastern in St. Louis and Western in Kansas City. The federal courts also have a special court for the District of Columbia and a Federal Court of Appeals. The Federal Circuits: 1st Circuit - Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island 2nd Circuit - Connecticut, New York, Vermont 3rd Circuit - Deleware, New Jersey, Pennsylvania, Virgin Islands 4th Circuit - Maryland, North Carolina, South Carolina, Virginia, West Virginia 5th Circuit - Louisiana, Mississippi, Texas 6th Circuit - Kentucky, Michigan, Ohio, Tennesee 7th Circuit - Illinois, Indiana, Wisconsin 8th Circuit - Arkansas, Iowa, Minnestota, Missouri, Nebraska, North Dakota, South Dakota 9th Circuit - Alaska, Arizona, California, Guam, Hawaii, Nevada, Oregon, Washington 10th Circuit - Colorado, Kansas, Montana, New Mexico, Oklahoma, Utah, Wyoming 11th Circuit - Alabama, Florida, Georgia

The Supreme Court does not hear every case that lands on its doorstep. Most are turned away. If the Justices do not see a legal question worthy of clarification, or a new argument that needs direction, they will refuse to hear the case. If they refuse to hear a case, the Appellate Decision will have a designation on it, cert. denied, or more fully certiorari denied, meaning the petition to the Supreme Court was rejected. The average circuits are reversed by the Supreme Court is about 8-9% of the time. The 9th Circuit Court of Appeals is overturned twice as often as the other circuits and is often referred to as the "9th Circus". Supreme Court decisions are binding upon all courts in every circuit.

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Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

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Original material by Karen Dudnikov & Michael Meadors is © 1999-2019

A Cup Of Joe For A Joe by Green Beans Coffee Company Karen and Mike, also known to you as Tabberone, have been actively participating in various troop support programs for a number of years. An important one we have discovered and supported is one run by the Green Beans Coffee Company of Larkspur, California. The Green Beans Coffee Company runs coffee houses in Iraq and Afghanistan, the Middle East and at other US military bases around the world. Your donations are converted into email chits that are randomly given to military personal who are based near these coffee houses. You are then sent an email by Green Beans Coffee telling at what location your donation(s) was distributed. The military recipient of your donation is also given the opportunity to email you a thank you with a message, which many of them do. Modern military deployment has changed very much since WWII, Korea and Vietnam. Back then there was no internet or cell phones. A soldier very rarely could call home or even go home on leave. But modern deployment does not alter the dangers they face. Green Beans Coffee is one of the little pleasures they can enjoy. Any donation makes a service man or service woman smile. We contribute every month. More information is available at https://www.greenbeanscoffee.com We rarely link to other sites. It is a really good cause.