Post on 16-Jan-2016
The Judicial System-Two Tiers
State Court System– Why would you end up
here?– Both Systems hear
cases regarding Criminal Law and Civil Law.
Federal Court System– Why would you end up
here?– Criminal Law: Person
charged with breaking a law
– Civil Law: Concerns disputes between two parties/people
The Judicial System-Criminal Case Jurisdiction
State Court System– State Crimes:
Shoplifting Murder Assault and Battery 95% of crimes are state crimes
WHAT IS THE DIFFERENCE? WHY DOES A CASE GO TO ONE SYSTEM INSTEAD OF OTHER?
Federal Court System– Federal Crimes:
Kidnapping Counterfeiting Bank Robbery
The Judicial System-Civil Case Jurisdiction
State Court System– State Civil Issues:
Small Claims Lawsuit Child Custody Cases Divorce Property Disputes
WHAT IS THE DIFFERENCE? WHY DOES A CASE GO TO ONE SYSTEM INSTEAD OF OTHER?
Federal Court System– Federal Civil Issues:
Constitutional Violation Free Speech Restrictions Cruel Punishment
Arguments Discrimination Issues
FIRST LEVEL COURTS
State System– County Courts
– Court of Original Jurisdiction: THIS IS WHERE A CASE STARTS IN THE STATE SYSTEM
– Jury will hear case
Federal System– U.S. District Court– Min. 1 per state, 94 total– ILL has 3 different
District Courts to serve our population
– Court of Orig. Jurisd.– Only jury court in federal
system
Level Two Courts: If you lose at lower level-2nd Step Options
State System– State Courts of Appeal– Hear cases of Appellate
Jurisdiction:THEY ONLY CAN HEAR A CASE AFTER SOMEBODY ELSE HAS HEARD IT
Federal System– U.S. Courts of Appeal– 12 total “Circuits” in USA– Have only App. Jurisd.– Judges hear case in
groups of 3-5 at a time– “En Banc” sometimes
Level Three Courts
State System– State Supreme Court– Highest Court in state– Court with Appellate
Jurisdiction
Federal System– U.S. Supreme Court– Has App. Jurisd, Orig.
Jurisd and Final Jurisd.– Original Jurisdiction
Case Ex’s: Foreign Diplomats or State v. State cases
– Only hears cases with broad implications of the law/constitution