Each state has its own judicial system that hears nonfederal cases Each state has its own judicial system that hears nonfederal cases. The exact composition of these judicial systems varies from state to state but generally includes the follow three levels: Trial courts, which are the first courts to hear a case. Often, states will establish specialized trial courts to hear cases related to a certain subject matter, such as probate courts to hear matters related to will and estates, and family courts to hear matters related to divorce and child custody. Courts of appeal, which review the judgments of the trial courts A state supreme court, which is the highest appellate court in the state. Decisions of a state's supreme court can be appealed to a federal court of appeals and, ultimately, the United States Supreme Court if they involve federal law. What is the power of judicial review? How does judicial review act as a check against the power of the legislative and executive branches of government? Write 2-3 sentences for your answer.

Appellate, State, and Federal Courts Appeals Courts Appellate, State, and Federal Courts

America’s duel court system Original Jurisdiction

Jurisdiction in state and federal courts Cases Heard in State Courts Crimes punishable under state law Traffic violations Divorce & child custody disputes Most contract disputes Most personal injury lawsuits Cases Heard in Federal Courts Matters involving interstate & international commerce Disputes involving federal taxes or federal programs Patent & copyright issues Issues involving treaties and foreign countries Disputes between states Cases Heard in Both State & Federal Courts Crimes punishable under both state & federal laws Environmental regulations Certain civil rights claims Civil actions involving large groups of people seeking damages Issues involving the U.S. Constitution Jurisdiction in state and federal courts

State courts Hear cases that deal w/ state law as well as federal law IL state courts hear ~3,500,000 cases per year Courts often specialized to deal w/ specific legal issues Family, traffic, criminal, small claims, probate, etc. If state supreme court decision only involves states law, it can be appealed no further If it involves federal law, appeal to SCOTUS possible http://www.illinoiscourts.gov/supremecourt/annualreport/2013/statssumm/2013_statistical_summary.pdf

the Illinois Court System

Federal Courts Hear criminal & civil cases involving federal law Hear ~300,000 cases per year Federal trial courts called U.S. District Courts Federal appeals courts called U.S. Circuit Courts of Appeal 94 District Courts, 13 Circuit Courts Most federal appeals courts have 15 justices

Federal Courts Four scenarios where federal district courts have original jurisdiction: Cases involving federal law Cases involving treaties Cases involving U.S. Constitution Cases where U.S. Gov’t is party to litigation Also, cases involving litigants of 2+ states and $70,000+ can be heard in federal court

Appellate courts Appeals courts have appellate jurisdiction Have the authority to review decisions made in lower courts DO NOT second-guess decisions made by lower courts Instead, focus on whether trial in lower court was carried out in a fair manner, with no errors of law Error of law: mistake made by judge in applying law to a case

Appellate courts One party presents arguments asking the court to review trial court decision One party presents arguments supporting trial court decision No new evidence, testimony is presented No juries Only judges & lawyers

Establishing precedent Appeals court decides case, issues written opinion Opinion sets a precedent for similar cases in the future All lower courts in the area MUST follow precedent set by higher court decision Courts in other parts of the country DO NOT have to follow precedent if not under same jurisdiction

Appeals process Panel of 3-9 justices hear arguments Most appeals courts: 3 SCOTUS: 9 When justices disagree, two or more written opinions may be issued: Majority Opinion: Official decision of the court Dissenting Opinion: States reasons for disagreeing w/ majority opinion Concurring Opinion: Agree w/ majority, but for different reasons Dissenting opinions are important! Reasoning may become basis for future opinions

Judges: elected or appointed? Appointed by President, confirmed by Senate: Federal judges Supreme Court justices Elected by people: Illinois state judges