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US COURT SYSTEM.

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Presentation on theme: "US COURT SYSTEM."— Presentation transcript:

1 US COURT SYSTEM

2 Why are their two court systems?
Federalism Sharing of powers between federal and state gov’t Federal/State sovereignty Federal Powers – Enumerated Powers (i.e. Art. 1 Sect. 8) State Powers – Reserved Powers Separate Courts Interpret and apply their laws, spelling out respective jurisdiction

3 Federal Court Structure
Article III Courts US District Courts, US Circuit Courts of Appeal, SCOTUS, US Claims, International Trade Judges: appointed by president and confirmed by Senate Article I (Legislative) Courts Magistrate, Bankruptcy, Military Appeals, US Tax, Veteran’s Appeals

4 Federal Court System SUPREME COURT OF THE US US COURT OF APPEALS
BANKRUPTCY APPELLATTE PANNELS US BANKRUPTCY COURTS US DISTRICT CURCUITS US TAX COURT US COURT OF APPEALS FOR FED CURCUIT US COURT OF INTERNATIONAL TRADE US COURT OF FEDERAL CLAIMS US COURT OF VETERAN APPEALS US COURT OF APPEALS FOR ARMED FORCES COURTS OF CRIMINAL APPEALS COURTS MARTIAL

5 Federal Courts US District Courts US Circuit Court of Appeals SCOTUS
Trial courts with original jurisdiction US Circuit Court of Appeals 12 courts, 11 regions Appellate courts with limited jurisdiction Examines appeals for mistakes of law not facts SCOTUS 9 justices (1 Chief Justice) Appellate court with limited jurisdiction (most cases) Original jurisdiction cases involving ambassadors and multiple states Petitions for certiorari – request from lower court to SCOTUS

6

7 Federal Judicial Circuits

8 PA Courts Base Level Common Pleas Superior Court Limited jurisdiction
Bails, traffic, non-jury civil/criminal cases Common Pleas All major civil/criminal cases, children/family cases, appeals from limited jurisdiction courts Superior Court Criminal appeals, most civil appeals, family/children appeals

9 PA Court System Commonwealth Court Supreme Court
Original jurisdiction on civil case brought by/against the commonwealth, appeals involving commonwealth agencies Supreme Court Highest court, appeals on death penalty, administrative authority on entire court system

10 SUPERIOR COURT OR COMMONWEALTH COURT
PA Court Structure SUPREME COURT SUPERIOR COURT OR COMMONWEALTH COURT COMMON PLEAS MUNICIPAL COURT DISTRICT JUSTICE TRAFFIC COURT MAGISTRATES

11 Federal Jurisdiction Diversity of Citizenship Federal Question
Civil cases between residents of two states and amount in question exceeds amount set by law (currently $75,000) Federal Question Suits between states, ambassador, federal crimes, bankruptcy, copyright/patent, admiralty, antitrust, securities/banking regulations, other cases by federal statute (i.e. civil rights, labor relations, environmental)

12 State Jurisdiction Cases involving:
State constitution, state criminal, tort/personal injury, contract, probate, family, sale of goods, corporations/organizations, elections, municipal/zoning, traffic, real property

13 Concurrent Jurisdiction
Diversity of Citizenship Defendant does not petition to a federal court the civil case exceeding $75,000 can be heard in state court Federal Question Any state may interpret the US Constitution/federal law/treaty, if it has direct bearing on the case brought to the state court. However, interpretation is subject to federal court .review

14 Federal v. State Jurisdiction
A state sues a neighboring state for dumping waste in a river that borders both states. A wife sues her husband for divorce. A person is prosecuted for assaulting a neighbor. Two cars collide. One driver sues the other for hospital bills and auto repairs. A group of parents sues the local school board, asking that their children's school be desegregated.

15 Jurisdiction Answers Federal Court (case between two states
State Court State Court (if more than $75,000 and from different states – Federal Court) Federal Court (involves SCOTUS decision)


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