Types of Courts American Government

Standing  In order for a case to be heard in our legal system, the plaintiff must have standing to sue  This means that the plaintiff generally must have sustained, or is in in immediate danger of sustaining, a direct and substantial injury from another person or an action of government  The defendant is then the one who is accused of causing said harm  Conflicts must also be considered justiciable disputes  This means that they have to be capable of being settled by legal methods  Courts have what are called dockets, or a list of cases that are either in progress or are pending trial  In order for a case to be heard in our legal system, the plaintiff must have standing to sue  This means that the plaintiff generally must have sustained, or is in in immediate danger of sustaining, a direct and substantial injury from another person or an action of government  The defendant is then the one who is accused of causing said harm  Conflicts must also be considered justiciable disputes  This means that they have to be capable of being settled by legal methods  Courts have what are called dockets, or a list of cases that are either in progress or are pending trial

Constitutional Courts  The Constitutional courts include:  Federal District Courts  The Federal Courts of Appeal  United States Court of International trade.  These courts are established under the provisions of Article 3 of the Constitution  The Constitutional courts include:  Federal District Courts  The Federal Courts of Appeal  United States Court of International trade.  These courts are established under the provisions of Article 3 of the Constitution

District Courts  Federal District Courts are trial courts.  States are divided into 91 districts, each having a Federal District Court  Issues of federal statutory or Constitutional law and cases involving citizens of different states  Few cases are appealed from this court  Federal District Courts have original jurisdiction  Original jurisdiction involves cases heard by the court for the first time in a particular geographic area or sphere of the law  Courts of original jurisdiction are generally trial courts in which decision are made by juries  District courts are considered to be inferior courts, because their decisions can be appealed to a higher court  Federal District Courts are trial courts.  States are divided into 91 districts, each having a Federal District Court  Issues of federal statutory or Constitutional law and cases involving citizens of different states  Few cases are appealed from this court  Federal District Courts have original jurisdiction  Original jurisdiction involves cases heard by the court for the first time in a particular geographic area or sphere of the law  Courts of original jurisdiction are generally trial courts in which decision are made by juries  District courts are considered to be inferior courts, because their decisions can be appealed to a higher court

District Courts  Federal jurisdiction covers criminal and civil cases that involve:  Federal Crimes  Treaties with foreign nations  Interpretations of the Constitution  Bankruptcy  Admiralty or maritime law.  Ambassadors and other reps of foreign governments  The U.S. government or one of its offices or agencies  Citizens of different states  A state and a citizen of a different state  Citizens of the same state claiming lands under grants of different states  A state or its citizens and a foreign country or its citizens  Despite the ability to hear this broad base of cases, 98% of all criminal cases are heard in state and local court systems  Federal jurisdiction covers criminal and civil cases that involve:  Federal Crimes  Treaties with foreign nations  Interpretations of the Constitution  Bankruptcy  Admiralty or maritime law.  Ambassadors and other reps of foreign governments  The U.S. government or one of its offices or agencies  Citizens of different states  A state and a citizen of a different state  Citizens of the same state claiming lands under grants of different states  A state or its citizens and a foreign country or its citizens  Despite the ability to hear this broad base of cases, 98% of all criminal cases are heard in state and local court systems

Courts of Appeal  The U.S. Courts of Appeal review final decisions made by district courts  They also have the authority to review and enforce the orders of many independent regulatory commissions such as the SEC and the NLRB  There are 12 judicial circuits for appeals  These courts specialize in correct errors of procedure and law that occurred in the original proceedings of legal casers  These courts hold no trials and hear no testimony  These courts set precedent for all courts and agencies within their jurisdictions  The U.S. Courts of Appeal have appellate jurisdiction  Appellate jurisdiction applies when courts have the right to review cases from lower courts on appeal  The final appeal coming from the Supreme Court  Appellate courts never have original jurisdiction  The exception to this rule is the Supreme Court  The U.S. Court of Appeals is the superior court to the District Courts, but is an inferior court to the Supreme Court  The U.S. Courts of Appeal review final decisions made by district courts  They also have the authority to review and enforce the orders of many independent regulatory commissions such as the SEC and the NLRB  There are 12 judicial circuits for appeals  These courts specialize in correct errors of procedure and law that occurred in the original proceedings of legal casers  These courts hold no trials and hear no testimony  These courts set precedent for all courts and agencies within their jurisdictions  The U.S. Courts of Appeal have appellate jurisdiction  Appellate jurisdiction applies when courts have the right to review cases from lower courts on appeal  The final appeal coming from the Supreme Court  Appellate courts never have original jurisdiction  The exception to this rule is the Supreme Court  The U.S. Court of Appeals is the superior court to the District Courts, but is an inferior court to the Supreme Court

Constitutional Court  The Court of International Trade was formally known as the United States Customs Court  The Court of International Trade has jurisdiction over cases dealing with tariffs  Citizens who believe that tariffs are too high bring most of the cases heard in this court  The court is based out of New York even though it is a federal court  The Court of International Trade was formally known as the United States Customs Court  The Court of International Trade has jurisdiction over cases dealing with tariffs  Citizens who believe that tariffs are too high bring most of the cases heard in this court  The court is based out of New York even though it is a federal court

Special Courts  The U.S Claims Court handles cases levied against the United States for money damages  A person who believes that the government hasn’t paid a bill for goods or services may sue the government  The U.S Tax Court acts under its power to tax  It hears cases relating to federal taxes  These are cases in which people disagree with the IRS or other Treasury Department agency rulings about federal taxes  This court handles cases appealed from Tax courts  The U.S Claims Court handles cases levied against the United States for money damages  A person who believes that the government hasn’t paid a bill for goods or services may sue the government  The U.S Tax Court acts under its power to tax  It hears cases relating to federal taxes  These are cases in which people disagree with the IRS or other Treasury Department agency rulings about federal taxes  This court handles cases appealed from Tax courts

Special Courts  Court of Military Appeals  This is the armed forces highest appeals court  These are cases involving those convicted of breaking military law  The Court of Military Appeals is referred to the GI Supreme Court. The GI Supreme court has the power to review these decisions  When military personnel are put on trial for the violation of military law, it is referred to as a court-martial  Court of Veterans Appeals  These have to do with unsettled claims involving veterans  Court of Military Appeals  This is the armed forces highest appeals court  These are cases involving those convicted of breaking military law  The Court of Military Appeals is referred to the GI Supreme Court. The GI Supreme court has the power to review these decisions  When military personnel are put on trial for the violation of military law, it is referred to as a court-martial  Court of Veterans Appeals  These have to do with unsettled claims involving veterans

State Courts and Concurrent Jurisdiction  State courts have jurisdiction over cases involving state laws (state jurisdiction)  States have their own judiciary system and have various rules regarding how appeals are to be heard  States also have their own Supreme Courts designed to deal with major appellate questions  Concurrent jurisdiction occurs in cases involving persons of different states in disputes of at least $50,000  Being tried at both the state and federal level for the same crime is known as dual sovereignty  Dual sovereignty is not deemed a violation of double jeopardy  State courts have jurisdiction over cases involving state laws (state jurisdiction)  States have their own judiciary system and have various rules regarding how appeals are to be heard  States also have their own Supreme Courts designed to deal with major appellate questions  Concurrent jurisdiction occurs in cases involving persons of different states in disputes of at least $50,000  Being tried at both the state and federal level for the same crime is known as dual sovereignty  Dual sovereignty is not deemed a violation of double jeopardy

Juries  Most courts have the ability to try both criminal and civil cases  Courts generally use two different types of juries when hearing cases. These juries are:  Grand Juries  Grand juries decide whether a case should go to trial based upon the prosecutions evidence  If a grand jury decides there is not sufficient evidence to go to trial, charges are generally dropped  Petit Juries  Petit juries are trial juries, usually consisting of 6 or 12 people  This type of jury weighs the evidence presented at a trial and then render a verdict of guilty or not guilty  Most courts have the ability to try both criminal and civil cases  Courts generally use two different types of juries when hearing cases. These juries are:  Grand Juries  Grand juries decide whether a case should go to trial based upon the prosecutions evidence  If a grand jury decides there is not sufficient evidence to go to trial, charges are generally dropped  Petit Juries  Petit juries are trial juries, usually consisting of 6 or 12 people  This type of jury weighs the evidence presented at a trial and then render a verdict of guilty or not guilty