This is the first case to be heard by the United States Court of Appeals for the Eleventh Circuit, established October 1, 1981 pursuant to the Fifth Circuit Court of Appeals Reorganization Act of 1980, P.L. 96-452, 94 Stat. 1995, and this opinion is the first to be published by the Eleventh Circuit. Under P.L. 96-452 the United States Court of Appeals for the Fifth Circuit was divided into two circuits, the Eleventh and the “new Fifth.” This court, by informal agreement of its judges prior to October 1, 1981, confirmed by formal vote on October 2, 1981, has taken this case en banc to consider what case law will serve as the established precedent of the Eleventh Circuit at the time it comes into existence. We hold that the decisions of the United States Court of Appeals for the Fifth Circuit (the “former Fifth” or the “old Fifth”), as that court existed on September 30, 1981, handed down by that court prior to the close of business on that date, shall be binding as precedent in the Eleventh Circuit, for this court, the district courts, and the bankruptcy courts in the circuit.

Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc)

H/T: http://lawprofessors.typepad.com/conlaw/2011/04/footnote-of-the-day-the-most-common-footnote-in-the-eleventh-circuit.html

For a discussion on how a few prominent lawyers and jurists think about the subject, you should review the series of essays and speeches at the Federalist Society’s web page. Rather than presenting a bland textbook treatment of the topic, these essays and speeches present a deeper understanding of Constitutional interpretation.

If you are looking for a bare bones approach to the subject, then constitution.org is a good place to start. The website also provides an extensive collection of the Founding Father’s writings in various formats.

Famous Trials.

This is a video of the Ady Gil in a collision with the Shonan Maru No. 2.

What legal sources may answer jurisdictional issues and guide a lawyer in establishing who may be at fault? How did you find your sources?

Always remember that the plain meaning of the statute will govern. It is only when ambiguity is found that you will have to engage in analysis of the legislative history and canons of construction.

You should also be attentive to the use of the words “shall” and “may.” The use of “shall” removes the discretion a court may have when determining an issue. This of course is not the situation with “may.”

http://www.ll.georgetown.edu/guides/freelowcost.cfm

http://www.ll.georgetown.edu/tutorials/