Presentation on theme: "Presented by Washington State Administrative Office of the Courts Court Overview Charlotte Jensen Judicial Education Services February 21-22, 2007."— Presentation transcript:
Presented by Washington State Administrative Office of the Courts Court Overview Charlotte Jensen Judicial Education Services February 21-22, 2007
c Objectives Understand the dual systems of the courts. Recognize similar yet independent nature. Terminology.
c Organization U.S. Supreme Court Federal Circuit Court of Appeals U.S. Circuit Court of Appeals Washington Supreme Court Washington Court of Appeals Superior Court District Court U.S. District Court Municipal Court
c Filing Determination Before a court may hear a case, it must have jurisdiction. Original Jurisdiction. Appellate Jurisdiction. General Jurisdiction.
c Jurisdiction Subject Matter Jurisdiction in Personum Jurisdiction in Rem Jurisdiction Concurrent Jurisdiction Exclusive Jurisdiction
c U.S. Supreme Court Only court created by the U.S. Constitution. Nine justices. Jurisdiction is varied and usually of an appellate nature.
c Federal Courts of Appeal 13 U.S. Courts of Appeal Twelve courts have appellate jurisdiction over the federal district courts within their respective jurisdictions. One court (Federal Circuit Court of Appeals) has national appellate jurisdiction in patent law cases and those cases in which the U.S. government is a defendant.
c U.S. District Courts At least one federal district court in every state. Civil and criminal subject matter jurisdiction Claims based on U.S. Constitution, a treaty, a question of federal law or criminal offense, or when the federal government is a party to the suit. Diversity of citizenship + $75,000.
c Washington Supreme Court Highest court of the state. Nine Supreme Court justices, elected to six-year terms. Original jurisdiction for petitions against state officials. Appellate jurisdiction for Court of Appeals. Appellate jurisdiction for direct appeals: Actions involving state officers or employees. Constitutionality of state statutes. Conflicting statutes or laws. Issues of broad public interest. Administrative and supervisory duties.
c Washington Court of Appeals Non-discretionary appellate court. Three Divisions. Three Divisions
c Washington Court of Appeals Non-discretionary appellate court. Three Divisions.
c Superior Court Courts of General Jurisdiction Felony cases. Civil actions over $50,000. Real property issues. Domestic relations matters, including adoption and paternity. Probate, guardianship, and estate matters. Mental illness and alcohol commitments. Juvenile matters including juvenile offenders, dependency, and truancy. Protection-type orders in a variety of cases.
c Superior Court Appellate jurisdiction of district and municipal court decisions. Concurrent jurisdiction over misdemeanors and gross misdemeanors. Other courts within Superior Court: Juvenile Court Drug Courts Mental Health Courts Therapeutic Courts
c District and Municipal Courts Limited Jurisdiction Courts Infraction cases (traffic, non-traffic and parking). Criminal cases (misdemeanor and gross misdemeanor, traffic and non-traffic). A judge can impose fines/penalties and jail time Felony cases (preliminary hearings only). Civil actions up to $50,000. Small claims up to $4,000. Civil petitions for protection: Domestic Violence and Unlawful Harassment, Sexual Assault Protection Orders. Civil impoundment - vehicle impounds.