A Dual Court System

Business Law

Previously… Explain the need for laws. Compare the different sources of law. Examine the constitutional basis for

federal law. Ethical vs. Legal Legal Rights & Responsibilities

Citizens / Non-Citizens Minors / Adults

A Dual Court System

Objective Essential Questions

We will compare federal and state court systems.

Which courts are federal courts?

Which types of courts are state courts?

What is jurisdiction?

How is jurisdiction determined – who gets the case?

Federal Courts

Which cases go to Federal Courts? Federal subjects

… cases that fall under federal jurisdiction

Cases involving citizens from different states or from another country

KEY TERM … Jurisdiction!A court’s power to hear a case and to make a judgment

Almost like having a specific territory or area of responsibility

Federal JurisdictionCases are brought to a federal court

if… The United States or a state is a party in

the case Federal questions are raised (such as

violations of federal law or interpreting the Constitution)

The parties are citizens of different states and more than $75,000 is in dispute

Admiralty cases (pertaining to the sea) Patents or copyrights Bankruptcy

3 Tiersof Federal Courts

U.S. District Courts Trial courts with

original jurisdiction over most federal civil & criminal cases … 94 total

Original Jurisdiction – the power to hear a case for the first time

Judge & jury (sometimes)

And if

that

doesn’t

go

according

to plan?

APPEAL!

An appeal is a request to a

higher court to reverse a lower court’s decision.

U.S. Circuit Court of AppealsAppellate courts hear appeals and

review cases from lower courtsU.S. is divided into 13 judicial

circuits – each has one appellate court

3-judge panel, no witnesses, no evidence, no jury … questions of law only

The Supreme Court Highest court in

U.S. Cases heard by

Justices Chief plus 8 … for

life! Presidentially

appointed Confirmed by

Congress Accepts 100 – 150

cases from ~7,000 appeals a year

District Courts

Courts of Appeals

United States

Supreme Court

3 TIERS OF

FEDERAL

COURTS

Special Federal Courts

Courts with a purpose!

U.S. Court of ClaimsLocated in Washington, D.C.

Handles cases involving suits against the government

Bankruptcy CourtsHandle cases arising under the Bankruptcy Code

Attached to each U.S. District Court

U.S. Court of Military AppealsFinal appellate court for cases arising under the Uniform Code of Military Justice

U.S. Tax CourtHandles cases arising over alleged tax deficiencies

Closing Task #1

1) Define jurisdiction. How is the concept of “jurisdiction” applied to court cases?

2) List at least 3 examples of cases that would automatically fall under federal jurisdiction.

3) How many tiers (levels) of federal courts do we have in the United States?

4) Some federal topics are more complicated than others. List at least 2 examples of “special” federal courts and a brief description of their purpose.

State Courts

Each state has its own court system.The general pattern stays the

same...

The state court system is

established by the state’s

Constitution and laws.

State court judges are selected by election,

appointment (term or life) or a combination of

both.

specific types of cases

in / near the county courthous

e

single judge (no

jury)

probate (estate / death), family, traffic, juvenile, small

claims, municipal

cases outside of

limited jurisdiction

judge with a jury

civil & criminal

cases (main trial courts in state)

a.k.a. circuit courts,

superior courts, courts of common

pleas

“matter of right”

appeals

2 – 3 judges on a panel

appeals with procedural mistakes &

errors of law

NOT in all states

no facts, no evidence

Primarily discretionary

review; matter of right in states

without appellate courts

usually in the state’s capital city

3, 5, 7, or 9-judge panel

appeals! some original

jurisdiction (elections,

voting districts, etc.)

a.k.a. supreme

court, court of appeal