11/17/09BR- Fill in the blanks..“Trial courts are concerned with issues of ____.”“Appellate courts are concerned with ____.”

11/17/09BR- Fill in the blanks..“Trial courts are concerned with issues of ____.”“Appellate courts are concerned with ____.”

Today: Understanding Types of Courts, and Their Functions

Today: Understanding Types of Courts, and Their Functions

Letters, Logical Fallacies, NU, MIKVALetters, Logical Fallacies, NU, MIKVA

To Begin..To Begin..

Get a blue law book. Go to Chapter 5This Section deals with:- Trial Courts- Appeals Courts - Federal and State Court systems

Take notes on the following pages. KEEP THESE NOTES!

Get a blue law book. Go to Chapter 5This Section deals with:- Trial Courts- Appeals Courts - Federal and State Court systems

Take notes on the following pages. KEEP THESE NOTES!

State and Federal Courts

State and Federal Courts

There is a completely separate court system in the U.S. that handles different types of cases.

The State and Federal courts

Both systems can end at the U.S. Supreme court

There is a completely separate court system in the U.S. that handles different types of cases.

The State and Federal courts

Both systems can end at the U.S. Supreme court

State/Local vs. FederalState/Local vs. Federal

1. Hears cases concerning state laws and local issues

1. Hears cases concerning state laws and local issues

1. Hears cases that involve federal law, affect the nation, or incidents between states

1. Hears cases that involve federal law, affect the nation, or incidents between states

Do you know the difference between a state and federal law?

1. There are lots of state,municipal, and local courts (Cook County, etc.)

2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers.

3. These 94 District Courts are Federal Trial Courts. (page 53. In the red book)

4. There are 13 Circuits. These are Federal Courts of Appeals.

1. There are lots of state,municipal, and local courts (Cook County, etc.)

2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers.

3. These 94 District Courts are Federal Trial Courts. (page 53. In the red book)

4. There are 13 Circuits. These are Federal Courts of Appeals.

In both State and Federal systems..In both State and Federal systems..

There are trial courts and courts of appeals or “appellate courts.”

These courts serve two very different functions and are very different in how they operate.

You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue.

You CAN NOT appeal your case just because you lost.

There are trial courts and courts of appeals or “appellate courts.”

These courts serve two very different functions and are very different in how they operate.

You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue.

You CAN NOT appeal your case just because you lost.

Trial Court vs. Appeals Trial Court vs. Appeals

1. Trial Courts are “cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence

1. Trial Courts are “cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence

1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

Trial Court vs. Appeals Trial Court vs. Appeals

2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard

3. Lawyers use evidence and witnesses to prove their case

2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard

3. Lawyers use evidence and witnesses to prove their case

2. All courts after the trial court are appellate courts

3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

2. All courts after the trial court are appellate courts

3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

Trial Court vs. Appeals Trial Court vs. Appeals

4. Trial courts result in the person going free or going to jail (or appealing!)

5. Both sides can appeal

4. Trial courts result in the person going free or going to jail (or appealing!)

5. Both sides can appeal

4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

Trial Court vs. Appeals Trial Court vs. Appeals

Case is decided by a judge or jury

Case is decided by a judge or jury

Case is decided by a panel (3-9) of judges who listen to the lawyer and ask questions.

Case is decided by a panel (3-9) of judges who listen to the lawyer and ask questions.

U.S. Supreme CourtU.S. Supreme Court

This is the highest appellate court in the land.Each side speaks for approximately 1 hour. During

this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech.

Cases that start in state or federal court can end up here.

State Supreme courts can send cases to the U.S. Supreme court.

The Supreme court is concerned ONLY with cases that have Constitutional Significance

This is the highest appellate court in the land.Each side speaks for approximately 1 hour. During

this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech.

Cases that start in state or federal court can end up here.

State Supreme courts can send cases to the U.S. Supreme court.

The Supreme court is concerned ONLY with cases that have Constitutional Significance

What Is: “Constitutional Significance”

What Is: “Constitutional Significance”

- An issue that can be answered by interpreting the constitution.

- Examples: Right to privacy, rights of the accused, laws that violate protected rights..

- An issue that can be answered by interpreting the constitution.

- Examples: Right to privacy, rights of the accused, laws that violate protected rights..

Talking Courts..Talking Courts..

- “It was reversed on appeal.”- “It will be heard at the appellate level.”- “It was an appellate court.”- “We will appeal the decision.”- “I wish to appeal the decision.”- “The case was remanded on appeal.”- “The case was appealed to the U.S.

Supreme court.”

- “It was reversed on appeal.”- “It will be heard at the appellate level.”- “It was an appellate court.”- “We will appeal the decision.”- “I wish to appeal the decision.”- “The case was remanded on appeal.”- “The case was appealed to the U.S.

Supreme court.”

For Wednesday(20 Points)For Wednesday(20 Points)

Describe the path a case can take from its beginning to its end.

1. The situation2. Court of original jurisdiction, Where

and what the purpose or outcome is3. Court of appeals4. Supreme court

Describe the path a case can take from its beginning to its end.

1. The situation2. Court of original jurisdiction, Where

and what the purpose or outcome is3. Court of appeals4. Supreme court