Presentation on theme: "The Dual Court System Chapter 2.1 Federal & State Court Systems."— Presentation transcript:
1The Dual Court SystemChapter 2.1Federal & State Court Systems
2Terms to KnowJurisdiction - power & authority given to a court to hear a case and to make a judgement.Original Jurisdiction - power given to district courts to try a case before it goes to federal court.Appellate Jurisdiction - any party to a suit decided in a federal district court may appeal to the next highest court in the circuit where the case was tried.Chapter2.1
3The Federal Court System Supreme Court - highest courtAppellate Court - middle court; also called intermediate courtsDistrict Court - lowest court; where trials begin.Chapter2.1There are 13 Circuits in the U.S. each with several District courts and 1 Appellate courtAll cases begin in the District Court.
4The Federal Court System Supreme Court - highest courtSupreme Court has original jurisdiction in cases involving ambassadors, consuls, other public ministers and cases in which a state is a party.Appellate jurisdiction is it’s main function.Court must hear all cases involving the constitutionality of a federal law.The Court decides by a vote of at least 4 of 9 judges which additional cases it will hear from the U.S. court of appeals or state supreme courts.Chapter2.1
5The Federal Court System Appellate Court - middle court; also called intermediate courtsOnly a question of law is raised.Chapter2.1If a case is appealed it goes to the appellate court.There is no jury, witnesses or evidence presented in an appeal case.Appellate courts only determine whether the lower court correctly applied the law in the circumstances.
6The Federal Court System Special U.S. CourtsCongress has established several special federal courts.They have special jurisdiction in certain kinds of cases.Ex: Disagreements on imported good taxationEx: Cases involving citizens against the U.S. governmentEx: Disputes with the IRSChapter2.1
7The State Court SystemEach state can have its own court system but the following is a general pattern:Chapter2.1Supreme CourtsIntermediate Appellate CourtsJuvenile CourtsDomestic Relations CourtsSpecial CourtsGeneral Trial CourtsLocal Trial CourtsSTATE COURT SYSTEM
8The State Court System Intermediate Appellate Courts Hear cases of appeal from courts of general jurisdictionSimilar to U.S. Appellate CourtChapter2.1State Supreme CourtsCases can go on to U.S. Supreme CourtSimilar to U.S. Supreme Court
9The State Court System Local Trial Courts Limited Jurisdiction - courts that have limited powerChapter2.1Handle minor mattersMisdemeanorsCivil actions involving small amounts of $Petty crimesIncludes:Traffic courtPolice Court
10The State Court System General Trial Courts General Jurisdiction - courts that have general power and handle most casesChapter2.1Also called:County CourtSuperior CourtCourt of Common pleasCircuit CourtHandle:Criminal casesCivil cases
11The State Court System Special State Courts 2.1 Chapter2.1Domestic Relations CourtsHandle divorce, annulment and dissolution proceedings.Handle distribution of property at the end of a marriageAlimony & Child support
12The State Court System Special State Courts Juvenile Courts Jurisdiction over delinquent, unruly, abused or neglected children up to a certain age.Procedures are less formalJuveniles do not have a right to trial by jury but proof beyond reasonable doubt must still exist to convict a juvenile.Chapter2.1Delinquent child - a minor who has committed an adult crime.Unruly Child - a minor who has done something inappropriate (violate curfew).Neglected/Abusted Child - homeless, destitute or without adequate parental care