Yves de Montigny | |
---|---|
Chief Justice of the Federal Court of Appeal | |
Assumed office November 9, 2023 | |
Judge of the Federal Court of Appeal | |
Assumed office June 19,2015 | |
Personal details | |
Born | Montreal,Quebec | July 12,1955
Yves de Montigny (born July 12,1955) is a judge serving on the Federal Court of Appeal since 2015. He was appointed as the Chief Justice of the Federal Court of Appeal on November 6,2023. [1]
An appellate court,commonly called a court of appeal(s),appeal court,court of second instance or second instance court,is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world,court systems are divided into at least three levels:the trial court,which initially hears cases and reviews evidence and testimony to determine the facts of the case;at least one intermediate appellate court;and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts,often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules.
In the United States,a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law,the judgment of a state supreme court is considered final and binding in both state and federal courts.
In the United States,a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States;the United States federal courts are far smaller in terms of both personnel and caseload,and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies,and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington,DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law.
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one federal courthouse in each district,and many districts have more than one. District court decisions are appealed to the U.S. court of appeals for the circuit in which they reside,except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court.
The Supreme Court of Canada is the highest court in the judicial system of Canada. It comprises nine justices,whose decisions are the ultimate application of Canadian law,and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial,territorial and federal appellate courts. The Supreme Court is bijural,hearing cases from two major legal traditions and bilingual,hearing cases in both official languages of Canada.
The United States Court of Appeals for the Ninth Circuit is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
The United States Court of Appeals for the Seventh Circuit is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
The United States Court of Appeals for the Eleventh Circuit is a federal appellate court over the following U.S. district courts:
The United States Court of Appeals for the District of Columbia Circuit is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals,and it covers only one district court:the U.S. District Court for the District of Columbia. It meets at the E. Barrett Prettyman United States Courthouse in Washington,DC.
In the United States,a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Such judges include the chief justice and associate justices of the U.S. Supreme Court,circuit judges of the U.S. Courts of Appeals,district judges of the U.S. District Courts,and judges of the U.S. Court of International Trade. These judges are often called "Article Three judges".
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts,the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature,while others are provincial or territorial.
The United States Court of Appeals for the Federal Circuit is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of specialized cases in the U.S. federal court system. Specifically,it has exclusive appellate jurisdiction over all U.S. federal cases involving patents,trademark registrations,government contracts,veterans' benefits,public safety officers' benefits,federal employees' benefits,and various other types of cases. The Federal Circuit has no jurisdiction over criminal,bankruptcy,immigration,or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington,DC.
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court,the U.S. Courts of Appeals,and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
In most legal jurisdictions,a supreme court,also known as a court of last resort,apex court,and highcourt of appeal,is the highest court within the hierarchy of courts. Broadly speaking,the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts,hearing appeals from decisions of lower trial courts,or from intermediate-level appellate courts. A Supreme Court can also,in certain circumstances,act as a court of original jurisdiction,however,this is typically limited to constitutional law.
The Federal Reporter is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880;pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter,Federal Cases. The fourth and current Federal Reporter series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims;prior series had varying scopes that covered decisions of other federal courts as well. Though the Federal Reporter is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes,it has so dominated the industry in the United States that legal professionals,including judges,uniformly cite to the Federal Reporter for included decisions. Approximately 30 new volumes are published each year.
In law,an appeal is the process in which cases are reviewed by a higher authority,where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years,common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.