FEDERAL COURTS AND KANSAS STATE COURTS By: Alisha Talsma All information obtained from Clack, G. (Ed.).(2004).Outline of the American Legal System(5 th ed.).Washington D.C.:Congressional Quarterly,Inc. unless otherwise noted on slide.

FEDERAL COURTS U.S. SUPREME COURT U.S. COURT OF APPEALS U.S. DISTRICT COURT

U.S. SUPREME COURT  Established in 1789  at times called the “HIGH COURT”  Consists of the Chief Justice of the U.S. and eight Associate Justices  highest appellate court in the U.S.  Claims over $75,000 only Cases heard have issues involving the Constitution or federal law ex) racial issues

PROCESS OF A CASE IN THE SUPREME COURT  A person requests review of their case by the Supreme Court  Court first hears oral arguments from the lawyers of the case  Then a conference is held by just the judges to discuss the case and decide if a review is needed  If yes, then certiorari is ordered  If no, the decision from the lower court stands  certiorari is an order for the lower court to send up the complete record of the case

The First Supreme Court Justice: John Jay The 2009 Supreme Court Justices

U.S. COURT OF APPEALS  has the authority to review any cases in lower courts and change the ruling  created in 1789  also known as circuit courts  there are 12 regional courts of appeals  cases are from lower courts that are being appealed  settle disputes and enforce national law

 Cases are first screened by the judges  Cases that pass the screening stage are reviewed by a panel of three judges  If not settled by the review, then an oral argument is given to the attorneys on each side of the case  Then the decision is announced

U.S. DISTRICT COURTS  Known as the trial courts of the federal court system  Uses a jury  Two types of juries used  Grand jury  Petit jury  Hear civil and criminal cases  Bankruptcy courts are separate units of the district courts

 Both civil and criminal cases are filed  Est. by congress  There are 94 district courts in the United States  Judges serve a term of 10 years  District courts are limited courts

KANSAS STATE COURTS  Municipal (city) Court  District Court  Kansas Court of Appeals  Kansas Supreme Court

Kansas Municipal Court  Also known as city courts  Deals with crimes committed in city limits that violate city ordinances  Ex) traffic offenses or building codes  No jury at case hearings  Cases may be appealed to the district court of the county Kansas Judicial Branch.

KANSAS DISTRICT COURTS  where the criminal and civil jury trials are held  ex) divorce, damage suits and small claims(limit of $4,000.)  a district court in each county  following state law, there is at least one resident judge in each county Kansas Judicial Branch. Appeals can be taken to Court of Appeals or Supreme Court

KANSAS COURT OF APPEALS  Cases brought here are not usually conducted by trials  Cases decided from:  judge reading the record of the trial and written briefs  Hearing oral arguments of lawyers  Judges research and review the law involved in case  Then write an opinion Kansas Judicial Branch.

KANSAS SUPREME COURT  highest court in Kansas  Contains seven justices  rarely is a trial held  hears direct appeals from the district courts  Cases involve the most serious criminal cases and when the ruling has been proven unconstitutional Kansas Judicial Branch.

BASIC POINTS  Federalism keeps power balanced between national and state governments  Whatever issues are not given to the National Court System by the Constitution goes to the State Court System  To go to federal court, the case must have diversity or cases involving the constitution