U.S COURT SYSTEM

FEDERAL COURTSAND

KANSAS STATE COURTS

By: Alisha Talsma

All information obtained from Clack, G. (Ed.).(2004).Outline of the American Legal System(5th ed.).Washington D.C.:Congressional Quarterly,Inc. unless otherwise noted on slide.

FEDERAL COURTSU.S. SUPREME COURT

U.S. COURT OF APPEALS

U.S. DISTRICT COURT

U.S. SUPREME COURT

Established in 1789 at times called the

“HIGH COURT” Consists of the Chief

Justice of the U.S. and eight Associate Justices

highest appellate court in the U.S.

Claims over $75,000 only

Cases heard have issues involving the Constitution or federal law

ex) racial issues

PROCESS OF A CASE IN THE SUPREME COURT

A person requests review of their case by the Supreme Court

Court first hears oral arguments from the lawyers of the case

Then a conference is held by just the judges to discuss the case and decide if a review is needed

If yes, then certiorari is ordered

If no, the decision from the lower court stands certiorari is an order for

the lower court to send up the complete record of the case

The First Supreme Court Justice: John Jay

Meet the JudgesThe 2009 Supreme Court

Justices

U.S. COURT OF APPEALS

has the authority to review any cases in lower courts and change the ruling

created in 1789 also known as circuit courts there are 12 regional

courts of appeals cases are from lower courts

that are being appealed settle disputes and enforce

national law

Cases are first screened by the judgesCases that pass the screening stage are reviewed by a panel of three judgesIf not settled by the review, then an oral argument is given to the attorneys on each side of the caseThen the decision is announced

PROCESS OF U.S. COURT OF APPEALS

U.S. DISTRICT COURTS

Known as the trial courts of the federal court system

Uses a jury Two types of juries used

Grand jury Petit jury

Hear civil and criminal cases

Bankruptcy courts are separate units of the district courts

Both civil and criminal cases are filed

Est. by congress There are 94 district courts in

the United States Judges serve a term of 10 years District courts are limited courts

U.S. DISTRICT COURT

KANSAS STATE COURTS

Municipal (city) Court

District Court

Kansas Court of Appeals

Kansas Supreme Court

Kansas Municipal Court

Also known as city courts Deals with crimes committed in city limits that violate

city ordinances Ex) traffic offenses or building codes No jury at case hearings Cases may be appealed to the district court of the county

2007. Kansas Judicial Branch. www.kscourts.org

KANSAS DISTRICT COURTS

where the criminal and civil jury trials are held

ex) divorce, damage suits and small claims(limit of $4,000.)

a district court in each county

following state law, there is at least one resident judge in each county

2007. Kansas Judicial Branch. www.kscourts.org

Appeals can be taken to Court of

Appeals or Supreme Court

KANSAS COURT OF APPEALS

Cases brought here are not usually conducted by trials

Cases decided from: judge reading the

record of the trial and written briefs

Hearing oral arguments of lawyers

Judges research and review the law involved in case

Then write an opinion2007. Kansas Judicial Branch. www.kscourts.org

KANSAS SUPREME COURT

highest court in Kansas Contains seven justices rarely is a trial held hears direct appeals from the district

courts Cases involve the most serious criminal

cases and when the ruling has been proven unconstitutional

2007. Kansas Judicial Branch. www.kscourts.org

BASIC POINTS Federalism keeps power balanced between

national and state governments

Whatever issues are not given to the National Court System by the Constitution goes to the State Court System

To go to federal court, the case must have diversity or cases involving the constitution