1. A Dual Court System Business Law

2. Previously…  Explain the need for laws.  Compare the different sources of law.  Examine the constitutional basis for federal law.  Ethical vs. Legal  Legal Rights & Responsibilities  Citizens / Non-Citizens  Minors / Adults

3. A Dual Court System Objective Essential Questions We will compare federal and state court systems.  Which courts are federal courts?  Which types of courts are state courts?  What is jurisdiction?  How is jurisdiction determined – who gets the case?

4. Federal Courts

5. Which cases go to Federal Courts?  Federal subjects … cases that fall under federal jurisdiction  Cases involving citizens from different states or from another country

6. KEY TERM … Jurisdiction!  A court’s power to hear a case and to make a judgment  Almost like having a specific territory or area of responsibility

7. Federal Jurisdiction Cases are brought to a federal court if…  The United States or a state is a party in the case  Federal questions are raised (such as violations of federal law or interpreting the Constitution)  The parties are citizens of different states and more than $75,000 is in dispute  Admiralty cases (pertaining to the sea)  Patents or copyrights  Bankruptcy

8. 3 Tiers of Federal Courts

9. U.S. District Courts  Trial courts with original jurisdiction over most federal civil & criminal cases … 94 total  Original Jurisdiction – the power to hear a case for the first time  Judge & jury (sometimes)

10. And if that doesn’t go according to plan? An appeal is a request to a higher court to reverse a lower court’s decision.

11. U.S. Circuit Court of Appeals  Appellate courts hear appeals and review cases from lower courts  U.S. is divided into 13 judicial circuits – each has one appellate court  3-judge panel, no witnesses, no evidence, no jury … questions of law only

12. The Supreme Court  Highest court in U.S.  Cases heard by Justices  Chief plus 8 … for life!  Presidentially appointed  Confirmed by Congress  Accepts 100 – 150 cases from ~7,000 appeals a year

13. District Courts Courts of Appeals United States Supreme Court United States Supreme Court 3 T IERS OF F EDERAL C OURTS 3 T IERS OF F EDERAL C OURTS

14. Special Federal Courts Courts with a purpose!

15. U.S. Court of Claims  Located in Washington, D.C.  Handles cases involving suits against the government

16. Bankruptcy Courts  Handle cases arising under the Bankruptcy Code  Attached to each U.S. District Court

17. U.S. Court of Military Appeals  Final appellate court for cases arising under the Uniform Code of Military Justice

18. U.S. Tax Court  Handles cases arising over alleged tax deficiencies

19. Closing Task #1 1) Define jurisdiction. How is the concept of “jurisdiction” applied to court cases? 2) List at least 3 examples of cases that would automatically fall under federal jurisdiction. 3) How many tiers (levels) of federal courts do we have in the United States? 4) Some federal topics are more complicated than others. List at least 2 examples of “special” federal courts and a brief description of their purpose.

20. State Courts Each state has its own court system. The general pattern stays the same...

21. The state court system is established by the state’s Constitution and laws. State court judges are selected by election, appointment (term or life) or a combination of both.

22. specific types of cases in / near the county courthouse single judge (no jury) probate (estate / death), family, traffic, juvenile, small claims, municipal cases outside of limited jurisdiction judge with a jury civil & criminal cases (main trial courts in state) a.k.a. circuit courts, superior courts, courts of common pleas “matter of right” appeals 2 – 3 judges on a panel appeals with procedural mistakes & errors of law NOT in all states no facts, no evidence Primarily discretionary review; matter of right in states without appellate courts usually in the state’s capital city 3, 5, 7, or 9- judge panel appeals! some original jurisdiction (elections, voting districts, etc.) a.k.a. supreme court, court of appeal