United States Court System

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Presentation transcript:

United States Court System How do cases reach the Supreme Court?

Dual Court System… State System Federal System

SCOTUS: Who are they? Highest court of the land (both federal and state) Article 3 Nine justices, meet in Washington, D.C. – serve for LIFE Term starts the FIRST MONDAY in October Mostly appellate JURISDICTION through certiorari process Limited original JURISDITION (Article 3) 5000-7000 cases come to court per year – Decide 150

Work of SCOTUS… Briefs are written and filed with the court Amicus curiae briefs are submitted Briefs reviewed by court and RULE OF FOUR applied Some cases decided- some cases have oral arguments Justices conference about cases Decision made and opinion(s) written

Types of OPINIONS are… Majority – 51% or more agree Dissenting – justices who DON’T agree Concurring – agree but for different reasons Unanimous – all agree

Differences in types of courts… Federal Federal crimes/treaties Civil suites between citizens of different states Bankruptcy Review actions of federal agencies All federal judges nominated by president-approved by Senate State State statues/laws Civil and family issues Judges may be elected or appointed by government officials

JURISDICTION is… The right of the court to hear the case Original – first court to hear case Appellate – case heard to determine constitutional question Exclusive – can only be heard by one court Concurrent – can be heard by more than one court at a time. The right of the court to hear the case

Criminal cases… Case brought by state/District Attorney when crime is committed Action threatens public safety (indictment v grand jury) – penalty determines whether it is felony or misdemeanor Legal standard is reasonable doubt Verdict is GUILTY or NOT GUILTY Determined by statute (felony v misdemeanor)

Civil cases… PLAINTIFF brings suit for damages Non-criminal, based on code of behavior (Justinian’s), jurisprudence Legal standard is PREPONDERANCE of EVIDENCE by plaintiff Verdict based on who provided the legal standard Punishment is damages NOT prison

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