Chapter 5 – A Dual Court

SystemFederal and State

Courts

New Vocabulary

Jurisdiction = power and authority given to a court to hear and to make a judgment.

Diversity of citizenship = actions between citizens of different states

Original Jurisdiction = authority to hear the case the first time it is heard

Federal Court System

Power comes from Article III of U.S. Constitution

Have jurisdiction over actions over which

1. The U.S. or a state is a party (except those between a state and its citizens)

2. Cases that raise a federal question (interpreting the U.S. Constitution or violation or interpretation of a federal law

Federal Court System (cont.)

3. Diversity of citizenship – where amount exceeds $50,000

4. Admiralty (pertaining to the sea), patent-right, copyright, and bankruptcy cases.

Federal Courts

District Courts Original jurisdiction over

federal court cases (authority to try the case the first time it is heard)

Most federal cases begin in U.S. District courts

Trial courts of the U.S. Government

At least one is in each state. Some states have more than one (total 95 district courts; WA has two district courts).

U. S. Courts of Appeals

Intermediate courts (between lower and higher courts)

Have authority to hear appeals and review cases from lower courts.

Have appellate jurisdiction (hear cases from federal district courts)

U. S. Courts of Appeals (cont)

13 judicial circuits Most decided by a panel of

three judges; no witnesses, no evidence presented, no juries

Only questions of law can be raised on appeal, not questions of fact (reason not all cases can be appealed).

Special U. S. Courts

Have jurisdiction only in cases involving citizens against the federal government

disagreements over taxes on imported goods

disputes between taxpayers and Internal Revenue Service

U.S. Supreme Court

Highest court in the land Has both original and

appellate jurisdiction Original jurisdiction in cases

involving ambassadors, consuls, other public ministers, and cases in which a state is a party.

Appellate jurisdiction is main function

.

U. S. Supreme Court (cont.)

Must hear all cases involving constitutionality of federal law

Court decides by vote of at least four of nine judges which cases it will hear from U.S. Courts of Appeals or the State Supreme Courts

State Court System

Lower Trial Courts (Justice, Magistrate’s and Municipal Courts)

General Trial Courts (District, County, Circuit, Common Pleas or Superior Courts)

Appellate Courts (Court of Appeals)

State Supreme Courts

State Local Trial Courts

Local jurisdiction – in minor manners (misdemeanors and civil actions involving small amounts of money)• Justice of the peace courts, traffic

courts, police courts, municipal courts,

• Juvenile offenses may be heard in these courts

• Small claims • Family disputes

State Special Courts Jurisdiction is limited to a

particular subject matter Land courts = boundary disputes Housing courts = rental property

cases Divorces, child cases and other family

matters Probate court = estates of deceased

persons Juvenile courts = special jurisdiction

over delinquents and neglected children up to age 18 (exist at both state & local level)

State Intermediate Appellate Courts

Hear appeals from courts of general jurisdiction

Must accept all appeals filed with it If parties feel did not have fair

trial in lower court If feel judge did not properly

interpret law Hear cases only on questions of

the law, not on questions of fact

State Intermediate Appellate Courts (cont.)

Hear only oral arguments from attorneys (no witnesses)

Judges study legal documents and records in the case.

Review facts only when evidence that judge or jury was prejudiced and decided against what was presented in the trial

Court of Appeals (Cont.)

Has authority to:Reverse (overrule)Remand (send back to lower court)

ModifyAffirm

decision of the lower court

State Supreme Courts Highest Court in state

Maine & Massachusetts call it Supreme Judicial Court

Make final decisions on matters of law appealed from lower courts.

Do not retry a case and redetermine the facts.

Only decide whether an error was made in lower courts in determining the law.

In many states, decides what cases it wishes to hear.