1. The Court System and Sources of Rights

2. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial systems- 50 states Federal Washington, DC

3. Federal vs. State Jurisdiction How do we determine to file a case in federal or state court? If violates federal law, case tried in federal court If violate state law, case tried in state court

4. Federal vs. State Jurisdiction If violates federal and state law, may be tried in either or both courts How do they decide which court to file in? Why not double jeopardy? applies only to successive prosecution for the same offense by the same jurisdiction

5. What is jurisdiction? Authority to try a case Conferred by law Different courts have different jurisdicitons

6. The Federal Court System The highest court in the federal system is the U.S. Supreme Court Will spend most time in class on U.S. Supreme Court decisions 6 justices are considered a quorum 5 votes needed to win a case

7. The Federal Court System What is the jurisdiction of the U.S. Supreme Court? Appellate cases involving questions of federal law or the U.S. Constitution

8. The Federal Court System Receive 8,000 cases a year and hear 100 How do they decide which cases to hear? Rule of Four – four justices must agree to consider/hear a case

9. The Federal Court System What happens to the other cases not selected? Per curiam decision – decision of lower court is left undisturbed

10. The Federal Court System What is the territorial effect of the decisions made by the US Supreme Court? Binding on all courts in the nation

11. The Federal Court System Next level is US Courts of Appeals (13 judicial circuits) 5 th Circuit is Texas, Louisiana, and Mississippi What is the jurisdiction? Primarily appellate cases from the US District Courts

12. The Federal Court System What is the effect of their decisions? Binding in judicial circuit only Problem – decision may be different among circuits Ex. roadblocks

13. The Federal Court System Next level is US District Courts (94 judicial districts) General trial court Decisions binding in district only Texas has 4 districts

14. The Federal Court System Next level is US Magistrates Courts Limited Jurisdiction – try minor offenses and misdemeanor cases in which one year or less of incarceration is possible Relieve district courts of heavy caseloads

15. The State Court System Varies from state to state but generally follow a similar pattern Supreme Court Intermediate Appellate Courts General Jurisdiction Trial Courts Lower Courts

16. The Appellate Process Most cases enter the federal and state judicial systems at the trial level Cases can usually be appealed to the next highest level of court Determine whether errors of law occurred during trial or sentencing

17. The Appellate Process What happens if the appellate court determines that an error has occurred? It depends on the type of error

18. The Appellate Process Two types of error: Prejudicial error – would have affected the outcome of the case Harmless error – would not have affected the outcome of the case

19. The Appellate Process If harmless error, nothing happens If prejudicial error, remanded to trial court for action consistent with opinion of the appellate court

20. The Appellate Process If prejudicial error, what happens? Can retry case – Why not double jeopardy? Can dismiss case

21. The Appellate Process Why is appellate process so crucial? Provides uniform law, if not appealed then conflicting decisions

22. Principle of Stare Decisis (Judicial Precedent) To abide by, or adhere to, decided cases Decisions of courts have value as precedent for future cases similarly circumstanced Precedent can be discarded at any time by the court that decided it Why composition of Supreme court so critical

23. State laws and constitutions can give defendants more protection than US Constitution but not less Trial by jury for juveniles

24. Incorporation Controversy Bill of Rights originally applied to the federal government Through selective incorporation (via 14 th Amendment), the rights enumerated in the Bill of Rights became applicable to states Except grand jury indictment and prohibition against excessive bails and fines