Law and Society Chapter 5 Court System

A Citizens Dual Court System Both States and the Federal Government have courts from local or district courts to courts of appeal and finally to a supreme court!

The Court System Both States and the Federal Government have courts from local or district courts to courts of appeal and finally to a supreme court! The four common types of courts are trial court, appeals court, state and federal courts, and the supreme court

Trial Courts 1.Listen to testimony, consider evidence, and decide facts in disputes. 2.Two parties or sides (Plaintiffs /Prosecutors) and (Defense) 3.Adversarial System (US) Inquisitional System (UK) 4. Judges and Juries

Appeals Court Only appeal when there is an error of law (judge makes a mistake) When the Appeals Court decide on case, it issues a written opinion which sets a precedent. Panels of judges hear the cases in the Appeals Court. (atleast 3 but 9 justices in the Supreme Court) Dissenting vs Concurring Opinion (Judges who disagree can write a dissenting opinion; Judges who agree can write the Majority opinion or a Concurring Opinion. Dissenting opinion can change future laws

State and Federal Court System State CourtsFederal CourtsState or Federal Courts Crimes under state legislation. State constitutional issues and cases involving state laws or regulations. Family law issues. Real property issues. Most private contract disputes (except those resolved under bankruptcy law). Most issues involving the regulation of trades and professions. Most professional malpractice issues. Most issues involving the internal governance of business associations such as partnerships and corporations. Most personal injury lawsuits. Most workers' injury claims. Probate and inheritance matters. Most traffic violations and registration of motor vehicles. Crimes under statuses enacted by congress. Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights) Matters involving interstate and international commerce, including airline and railroad regulation. Cases involving securities and commodities regulation, including takeover of publicly held corporations. Admiralty cases. International trade law matters. Patent, copyright, and other intellectual property issues. Cases involving rights under treaties, foreign states, and foreign nationals. State law disputes when "diversity of citizenship" exists. Bankruptcy matters. Disputes between states. Habeas corpus actions. Traffic violations and other misdemeanors occurring on certain federal property. Crimes punishable under both federal and state law. Federal constitutional issues. Certain civil rights claims. "Class action" cases. Environmental regulations. Certain disputes

State and Federal Court

Supreme Court 1.9 Justices 2.Hear less than 1 % of Appeals Court Cases 3.The Court has to hear a brief before deciding to hear the case. Has to get four out of the nine justices to hear the case. 4.Begin First Monday in October. 5.Has the power to reverse rules of the law established in prior cases

International Courts and Independent Courts International courts established by the United Nations; only hear cases between nations. An example of Independent Court is the Tribal Court- deal with tribal issues only. Tribal Court has inherent powers-regulate family relation, tribal law and membership. Tribal Court also has delegated power-hear criminal and civil court.