Presentation is loading. Please wait.

Presentation is loading. Please wait.

U.S. Court System An Introductory Session Structure of the Court System.

Similar presentations


Presentation on theme: "U.S. Court System An Introductory Session Structure of the Court System."— Presentation transcript:

1

2 U.S. Court System An Introductory Session

3 Structure of the Court System

4 Federal Courts w What kinds of cases can a federal court hear? w The court must have jurisdiction: “The power, right, and authority to interpret the law.” w Two types of federal-court jurisdiction: Federal-question jurisdiction. Diversity jurisdiction.

5 Federal Question Jurisdiction w Case involves: Federal statute or law. U.S. constitution. w Examples: Americans with Disabilities Act. Separation of church and state issue.

6 Diversity Jurisdiction w Federal courts can hear questions of state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 (the “amount in controversy” requirement).

7 Federal Court - Levels

8 U.S. District Courts w Place where case is filed. w Place where case is tried. w 91 U.S. district courts. w Arranged geographically; at least one within each state. But NOT connected with state government. Florida has three U.S. District Courts (Northern, Middle, Southern).

9 U.S. District Courts w Sample name: United States District Court for the Middle District of Florida. w Parties: Plaintiff (initiates action). Defendant (person being sued). w One judge presides over the case. w Case may be tried to a jury or may be a “bench trial.”

10 Hypothetical w Assume a plaintiff sues a defendant in the United States District Court for the Middle District of Florida. w The plaintiff wins. w What happens next? w 1. w 2.

11 Federal Court - Levels

12 U.S. Courts of Appeals w Party who loses in district court has an AUTOMATIC right to an appeal. w 13 U.S. Courts of Appeals. 12 are geographic. One is a specialty court (Federal Circuit). w Sample name: United States Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”).

13 U.S. Courts of Appeals w Parties: Appellant (party who in trial court). Appellee (party who in trial court). In our hypothetical, the becomes the APPELLANT. w Three judges (“the panel”) hear legal arguments only. No jury. No new evidence/no witnesses.

14 U.S. Courts of Appeals w Types of relief: Affirms = agrees with decision in trial court. Reverses = disagrees with decision in trial court. Remands = sends back to trial court for further proceedings (probably with some instructions). w What happens to the party who loses in the appellate court?

15 U.S. Supreme Court w Loser in U.S. Court of Appeals may file a Petition for Writ of Certiorari. w Supreme Court does not have to hear the case (“cert. denied”). w If it does: Nine JUSTICES hear the appeal. Parties: Petitioner (in Court of Appeals). Respondent ( in Court of Appeals).

16 Structure of the Court System

17 State Courts w Each state has its own, independent judicial system. w Cannot be bound by the federal courts. w One state system cannot bind another court system. w Structurally, each is a bit different. But, most have three levels.

18 Trial Courts w State courts can hear any kind of case, unless a federal statute states otherwise. w Limited v. general jurisdiction. w Geographic: Usually by county. w One judge. w Parties = Plaintiff and defendant.

19 Intermediate Appellate Courts w Loser has an appeal as a right. w Florida: District Court of Appeal. w Three judges hear case. w Parties = appellant and appellee.

20 State Supreme Courts w May or may not have to hear the case. w Justices (odd number). w New York: Court of Appeals = highest court.

21 Structure of the Court System

22 Let’s Look at Some Cases

23 Atherton v. Gaslin Court of Appeals of Kentucky Bail v. Cunningham Brothers, Inc. United States Court of Appeals, Seventh Circuit

24 State v. Roy Supreme Judicial Court of Maine Lacks v. Lacks New York Court of Appeals Penfield v. Venuti United States District Court, Connecticut

25 The End.


Download ppt "U.S. Court System An Introductory Session Structure of the Court System."

Similar presentations


Ads by Google