The Court System

U.S. Supreme Court(Highest Court of Last Resort)

U.S. Courts of Appeals(13)

U.S. District Courts(94)

Article I Courts &

Administrative Agencies

State High Courts(Highest Court of Last Resort)

State Intermediate Appellate Courts

State (Major) Trial Courts

State (Minor) Trial Courts

Dual Court System

1st Degree Intentional Homicide

Causes death

Of another person

Intent to kill

That person

Question of Fact

True or False?

Question of Law

• What is “cause”?

• What is “death”?

• What is “intent”?

U.S. Supreme Court(Highest Court of Last Resort)

U.S. Courts of Appeals(13)

U.S. District Courts(94)

Article I Courts &

Administrative Agencies

State High Courts(Highest Court of Last Resort)

State Intermediate Appellate Courts

State (Major) Trial Courts

State (Minor) Trial Courts

Dual Court System

Federal Courts

Federal Judges

• U.S magistrate judges• Assist district judges with criminal pretrial and civil

discovery

• District judges• Trials; writing opinions/decisions in civil matters• Diversity of citizenship + Federal questions

• Circuit judges• Sit in panels to review lower courts’ legal decisions

• No ruling ever made by a single judge;• Write opinions about its decisions

U.S. Courts of Appeals

• Established 1891 • To relieve USSC’s caseload

• Intermediate appellate courts (3-judge panels)

• Currently 11 #’d circuits +• DC Circuit• Federal Circuit – Intellectual Property; non-tort claims vs.

US; federal employees; veteran benefits• Armed Forces – cases from military courts

• Geographical

• Subject matter

• Personal

• Hierarchical

The Four Primary Types of Jurisdiction

Federal Question Jurisdiction

• Suits between States• Federal crimes (e.g., counterfeiting, treason,

interstate commerce)• Bankruptcy• Intellectual Property (Patent; ™ ®; ©)• Cases specified by statute (e.g., civil rights, labor

relations, discrimination, etc.)• Involving & between ambassadors• Other: Admiralty; Securities

Jurisdiction: State vs. FederalState Courts Federal Courts State or Federal Courts

*Crimes under state legislation.*State constitutional issues and cases involving state laws or regulations.*Family law issues.*Real property issues.*Most private contract disputes (except those resolved under bankruptcy law).*Most issues involving the regulation of trades and professions.*Most professional malpractice issues.*Most issues involving the internal governance of business associations such as partnerships and corporations.*Most personal injury lawsuits.*Most workers' injury claims.*Probate and inheritance matters.*Most traffic violations and registration of motor vehicles.

*Crimes under statutes enacted by congress.*Most cases involving federal laws or regulations (for example: tax, Social *Security, broadcasting, civil rights)*Matters involving interstate and international commerce, including airline and railroad regulation.*Cases involving securities and commodities regulation, including takeover of publicly held corporations.*Admiralty cases.*International trade law matters.*Patent, copyright, and other intellectual property issues.*Cases involving rights under treaties, foreign states, and foreign nationals.*State law disputes when "diversity of citizenship" exists.*Bankruptcy matters.*Disputes between states.*Habeas corpus actions.*Traffic violations and other misdemeanors occurring on certain federal property.

*Crimes punishable under both federal and state law.*Federal constitutional issues.*Certain civil rights claims.*"Class action" cases.*Environmental regulations.*Certain disputes involving federal law.

or Diversity (> $75k)

• Geographic location within the court system

• Change of venue• Fair trial is impossible in the original location• Avoid hardship• Avoid inconvenience

• Usually: (1) where crime occurred ; OR (2) where defendant resides

Venue

State Courts

Overview of the State System

United States Supreme Court

State Supreme Court

State Court of Appeals*

State Trial CourtsMuni. Cts.

Tribal. Cts.

Legal Classifications&

Sources of Rights

The Bill of Rights&

The Incorporation Doctrine

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:• Amendment I:

• religion• speech• press• assembly• petition the government for redress of grievances

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:

• Amendment IV• unreasonable searches and seizures

• Warrants/probable cause

• "Reasonable suspicion" ***

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:• Amendment V

• grand jury indictment for a capital or other serious crime

• double jeopardy

• self-incrimination

• taking of life, liberty, or property without due process of law

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:• Amendment VI

• speedy and public trial• impartial jury• informed of the nature and cause of the accusation• confront/summon witnesses• assistance of counsel

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:• Amendment VIII

• excessive bail• cruel and unusual punishment

Bill of Rights & Incorporation

• Rights guaranteed in the federal constitution that are often used in law enforcement cases:• Amendment XIV

• Right to due process• Right to equal protection

Bill of Rights & Incorporation• The Incorporation Controversy:

What Applies to the States? • Fundamental and Incorporated Rights

• 1st Amend.

• 4th Amend.

• 5th Amend.

• 6th Amend. (Not 12 persons)

• 8th Amend.

Bill of Rights & Incorporation

• The Incorporation Controversy: Does the Bill of Rights Apply to the States? • Rights Not Incorporated

• 2nd Amend.: right to keep/bear arms

• 3rd Amend.: quartering soldiers

• 5th Amend.: grand jury

• 7th Amend.: right to trial → civil cases