Discretionary Review Of American Civil Procedure

The United States federal court system includes three levels. The lowest level district court is the trial court, in addition to some certain extreme situations, all cases are hearing in the trail court for the first time. However, the state court system contains three levels or three and a half. One or two of the lowest level courts are the trial court. In general, all cases first instance in trail court. Suppose that civil cases in the U.S. courts implement “second instance being the final instance process” similar to China, The U.S. Supreme Court and The state Supreme Court will have no cases to hearing. As if civil cases in the U.S. courts implement “three-tiered system”, due to the litigation culture of American, The U.S. Supreme Court and The state Supreme Court will be faced with a huge number of appellate cases. The U.S. federal court implement “limited three-tiered system” is the best choice to solve this difficult position. That is to say, cases first instance in district court and then second instance in circuit court of appeals, litigants can require the Supreme Court hearing cases after second instance, but the Supreme Court will use discretionary power decide whether it accepts the application or not.The writer thinks that the main reason is the U.S. Supreme Court has discretionary power to decide what to decide. Therefore, this paper studies connotation, content and significance of discretionary review.This paper consists of introduction, text and conclusion. Test part has three chapters.The introduction briefly states the reason of studying discretionary review and research condition of this topic home and broad at present. The first chapter of text mainly describes the connotation of discretionary review, including making definition, distinguish from appeal of right and historical development. The second chapter mainly states contents of discretionary review. It contains cases receiving standard, cases receiving influencing elements, procedures of case receiving and hearing. The third chapter mainly states the importance of discretionary review, including analysis the existing problems of discretionary review currently and represent its significance.The conclusion part makes a brief summary in the end.