Presentation on theme: "Chapter 5 – A Dual Court System"— Presentation transcript:
1 Chapter 5 – A Dual Court System Federal and State Courts
2 New VocabularyJurisdiction = power and authority given to a court to hear and to make a judgment.Diversity of citizenship = actions between citizens of different statesOriginal Jurisdiction = authority to hear the case the first time it is heard
3 Federal Court System Power comes from Article III of U.S. Constitution Have jurisdiction over actions over whichThe U.S. or a state is a party (except those between a state and its citizens)Cases that raise a federal question (interpreting the U.S. Constitution or violation or interpretation of a federal law
4 Federal Court System (cont.) 3. Diversity of citizenship – where amount exceeds $50,0004. Admiralty (pertaining to the sea), patent-right, copyright, and bankruptcy cases.
5 Federal Courts District Courts Original jurisdiction over federal court cases (authority to try the case the first time it is heard)Most federal cases begin in U.S. District courtsTrial courts of the U.S. GovernmentAt least one is in each state. Some states have more than one (total 95 district courts; WA has two district courts).
6 U. S. Courts of AppealsIntermediate courts (between lower and higher courts)Have authority to hear appeals and review cases from lower courts.Have appellate jurisdiction (hear cases from federal district courts)
7 U. S. Courts of Appeals (cont) 13 judicial circuitsMost decided by a panel of three judges; no witnesses, no evidence presented, no juriesOnly questions of law can be raised on appeal, not questions of fact (reason not all cases can be appealed).
8 Special U. S. Courts Have jurisdiction only in cases involving citizens against the federal governmentdisagreements over taxes on imported goodsdisputes between taxpayers and Internal Revenue Service
9 U.S. Supreme Court Highest court in the land Has both original and appellate jurisdictionOriginal jurisdiction in cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party.Appellate jurisdiction is main function.
10 U. S. Supreme Court (cont.) Must hear all cases involving constitutionality of federal lawCourt decides by vote of at least four of nine judges which cases it will hear from U.S. Courts of Appeals or the State Supreme Courts
11 State Court SystemLower Trial Courts (Justice, Magistrate’s and Municipal Courts)General Trial Courts (District, County, Circuit, Common Pleas or Superior Courts)Appellate Courts (Court of Appeals)State Supreme Courts
12 State Local Trial Courts Local jurisdiction – in minor manners (misdemeanors and civil actions involving small amounts of money)Justice of the peace courts, traffic courts, police courts, municipal courts,Juvenile offenses may be heard in these courtsSmall claimsFamily disputes
13 State Special CourtsJurisdiction is limited to a particular subject matterLand courts = boundary disputesHousing courts = rental property casesDivorces, child cases and other family mattersProbate court = estates of deceased personsJuvenile courts = special jurisdiction over delinquents and neglected children up to age 18 (exist at both state & local level)
14 State Intermediate Appellate Courts Hear appeals from courts ofgeneral jurisdictionMust accept all appeals filed with itIf parties feel did not have fair trial in lower courtIf feel judge did not properly interpret lawHear cases only on questions of the law, not on questions of fact
15 State Intermediate Appellate Courts (cont.) Hear only oral argumentsfrom attorneys (no witnesses)Judges study legal documents and records in the case.Review facts only when evidence that judge or jury was prejudiced and decided against what was presented in the trial
16 Court of Appeals (Cont.) Has authority to:Reverse (overrule)Remand (send back to lower court)ModifyAffirmdecision of the lower court
17 State Supreme Courts Highest Court in state Maine & Massachusetts call it Supreme Judicial CourtMake final decisions on matters of law appealed from lower courts.Do not retry a case and redetermine the facts.Only decide whether an error was made in lower courts in determining the law.In many states, decides what cases it wishes to hear.