Lesson 5.

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Presentation transcript:

Lesson 5

Organization of the Federal & State courts

Why do we have both State and Federal Courts? The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. This is known as Federalism Due to federalism, both the federal government and each of the state governments have their own court systems. 

What do courts do? A court is a forum that is able to handle and resolve disputes A case's facts are proven Verdicts are given Punishments and compensations are distributed Courts interpret laws and apply them to real-life situations Judgments are made based on the facts established within the courtroom Courts deal with both criminal and civil cases

What kind of cases do State Courts hear? Most criminal cases Personal injury cases Divorce, adoptions, marriage, juvenile Family court Issues with Wills and Estates

State Court System Appeals Courts Each State has its own court system Inside each state there are different levels of courts Trial Courts Most cases start in these courts Trial courts deal with serious crimes or disputes over larger amounts of money or property Appeals Courts People can appeal decisions made in Trial Courts Request review States Supreme Courts Highest Court in the State Can review all decisions made in lower courts Special Courts- Divorce Court, Juvenile Court, Probate Court (deals with wills), etc.

Florida Court System Florida has two types of Trial Courts Circuit: 20 Judicial Courts County: One country court for all 67 counties Florida has two types of Appellate Courts Florida Supreme Court Highest Appellate Court District Courts of Appeals There are five District Courts of Appeals Tallahassee Lakeland West Palm Beach Daytona Beach Miami

What kind of Cases go to Federal Courts? Cases dealing with: Determining if a law is constitutional or not Disputes between two or more states Or a citizen in one state versus a citizen in a different state Dispute of a U.S. law or treaty Cases involving ambassadors or public ministers Habeas Corpus Bankruptcy Patent or copyright

Court of Appeals Similar to States If either the Prosecutor or the Defendant believe a mistake was made they can take it to the Federal Court of Appeals There are 13 circuits These trials do not “re-try” the case There is no jury, witnesses, evidence Rather, these courts evaluate the procedures and the decisions in the trial court They ensure that the case was tried properly and fairly

The Supreme Court was created by the U.S. Constitution. U.S. Supreme court The U.S. Supreme Court can be used if you think the Court of Appeals or the State Supreme Court if either side believes a mistake was made. However, remember the U.S. Supreme court chooses to see or not see cases The Supreme Court was created by the U.S. Constitution. It is the head of our entire judicial branch of government Both the state and federal systems

Original Jurisdiction Jurisdiction refers to the kinds of cases a court is authorized to hear. Original Jurisdiction refers to the court that heard the case first (so it will never be an Appeals Court) Original Jurisdiction courts are Trial Courts States and Federal courts have different jurisdiction Federal: limited jurisdiction federal crime, violation of constitutional rights, bankruptcy, federal tax violation, copyright Cases that cross state lines: Like a civil suit involving two citizens from different states State: General jurisdiction States deal with most cases State crime, divorce, traffic, custody, probate, malpractice

Criminal Vs. Civil Cases https://www.youtube.com/watch?v=Zg5ex8WZUao Criminal Vs. Civil Cases