The Court System

1. The Court System A Dual Court System Chapter 2.1

2. The federal court system • The US system has 2 major parts • Federal system – hear cases involving federal matters and matters involving diversity of citizenship • State system – have their own rules • Jurisdiction – is the power and authority given to a court to hear a case and to make a judgment • Federal Courts are arranged in 3 steps: • US District Courts • US Court of Appeals • Supreme Court of the United States

3. District courts • Have original jurisdiction over most federal court cases • This means that the case is being heard for the 1st time • Most federal cases begin in one of the district courts • Both civil and criminal cases are heard

4. Court of appeals • A.k.a. ‘appellate courts’ • These are ‘intermediate courts’ which are courts between lower courts and the highest courts • Hear appeals and reviews cases from lower courts • They have ‘appellate jurisdiction’ – any party to a suit decided in federal court may appeal to the federal court of appeals in the circuit where the case was tried • The US is divided into 13 judicial circuits

5. Special u.s.courts & u.s. Supreme Court • Special U.S. Courts • Congress established several courts • Jurisdiction over suits brought by • citizens against federal government • Between taxpayers and the IRS • U.S. Supreme Court • Highest court in the land • Original jurisdiction over • Involving ambassadors • Consuls • Public ministers • Has 9 justices – must have at least 4 votes to decide cases

6. State court systems • Local Trial Courts have ‘limited jurisdiction’ • Mostly misdemeanors and civil actionsinvolving small amounts of money • Justice of Peace courts • Traffic courts • Municipal courts • General Jurisdiction – each county has at least one general trial court

7. Special courts • Handle specialized cases • Probate courts – property of deceased persons • Mayor’s courts – involving traffic violations • Domestic relations courts (family) – divorce, annulment, alimony and child support

8. Juvenile courts • ‘Special jurisdiction’ over certain types of children up to a certain age • Hearings are often held in a more informal setting • Delinquent child – minor under 18 (usually 16-18) who has committed an adult crime • Unruly child – generally a minor who has done something inappropriate that is not considered an adult crime (violating curfew, using tobacco) • Neglected or abused child – homeless, destitute, or without adequate parental care

9. Intermediate appellate courts • Most cases, hear appeals from courts of general jurisdiction • Can be made in state court if parties believe they did not have a fair trial in a lower court • Hear appeals ONLY on questions of law NOT on questions of fact • No witnesses-judges hear arguments from attorney’s and look at documents of the case

10. Supreme courts • Highest court in most states • Typically decides matters of law appealed from lower courts • They do not retry cases or re-determine facts • They decide whether an error was made in the lower courts • Usually, this court chooses the cases it hears

11. POP QUIZ! • IDENTIFY the correct court in which the case will likely be tried: • Bankruptcy • Dispute between U.S. taxpayer and the IRS • Violation of curfew by a teen • ANSWERS • U.S. District Court • Special U.S. Court • State Juvenile Court