10/1/15BR- How are federal and state courts similar? How are they different?

10/1/15BR- How are federal and state courts similar? How are they different?

Today: What are the different types of courts in the U.S. legal systemToday: What are the different types of courts in the U.S. legal system

Important Terms:Important Terms:1. Jurisdiction2. Parties3. Adversarial System4. Inquisitional system5. Trial Court6. Court of Appeal7. Affirmed8. Remanded9. Voir dire

1. Removal for cause2. Peremptory challenge

10. Error of law11. Precedent12. Dissenting opinion13. Concurring opinion14. Petitions for certiorari

1. Jurisdiction2. Parties3. Adversarial System4. Inquisitional system5. Trial Court6. Court of Appeal7. Affirmed8. Remanded9. Voir dire

1. Removal for cause2. Peremptory challenge

10. Error of law11. Precedent12. Dissenting opinion13. Concurring opinion14. Petitions for certiorari

1. Litigator

2. State of mind

3. Mens rea

4. Actus rea

5. Causal link

6. Elements

7. Motive

8. Felony

9. Misdemeanor

10. Principal

11. Accomplice

12. Accessory before the fact

13. Accessory after the fact

14. Crime of omission

15. Solicitation

16. Attempt

17. Conspiracy

1. Litigator

2. State of mind

3. Mens rea

4. Actus rea

5. Causal link

6. Elements

7. Motive

8. Felony

9. Misdemeanor

10. Principal

11. Accomplice

12. Accessory before the fact

13. Accessory after the fact

14. Crime of omission

15. Solicitation

16. Attempt

17. Conspiracy

For Later

JurisdictionJurisdiction

“The power, right, and authority to interpret the law.”

“The power, right, and authority to interpret the law.”

Our Court SystemOur Court System- The U.S. court system is an adversarial

system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges.

- Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc.

- The U.S. court system is an adversarial system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges.

- Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc.

State and Federal Courts

State and Federal Courts

There is a completely separate court system in the U.S. that handles different types of cases.

The State and Federal courts

Both systems can end at the U.S. Supreme court

There is a completely separate court system in the U.S. that handles different types of cases.

The State and Federal courts

Both systems can end at the U.S. Supreme court

Structure of the Court System

Structure of the Court System

Federal S tate

U .S . D is tric t C ou rts(9 1 )

U .S . C la im s C ou rtU .S . Tax C ou rt

U .S . B an k ru p tcy C ou rtC ou rt o f In t 'l T rad e

U n ites S ta tes C ou rts o f A p p ea lsF irs t C ircu it th rou g h E leven th C ircu it

D .C . C ircu itF ed era l C ircu it

U n ited S ta tes S u p rem e C ou rt

S ta te Tria l C ou rts(lim ited an d g en era l ju risd ic tion )

S ta te In te rm ed ia te A p p e lla te C ou rts

S ta te S u p rem e C ou rts

Federal S tate

U .S . D is tric t C ou rts(9 1 )

U .S . C la im s C ou rtU .S . Tax C ou rt

U .S . B an k ru p tcy C ou rtC ou rt o f In t 'l T rad e

U n ites S ta tes C ou rts o f A p p ea lsF irs t C ircu it th rou g h E leven th C ircu it

D .C . C ircu itF ed era l C ircu it

U n ited S ta tes S u p rem e C ou rt

S ta te Tria l C ou rts(lim ited an d g en era l ju risd ic tion )

S ta te In te rm ed ia te A p p e lla te C ou rts

S ta te S u p rem e C ou rts

Federal Court - LevelsFederal Court - Levels

U n ited S ta tes D is tric t C ou rts

U n ited S ta tes C ou rts o f A p p ea ls

U n ited S ta tes S u p rem e C ou rt

U n ited S ta tes D is tric t C ou rts

U n ited S ta tes C ou rts o f A p p ea ls

U n ited S ta tes S u p rem e C ou rt

United States Federal Court System

United States Federal Court System

The 11 multi-state jurisdictions of U.S. Circuit Courts of Appeals are indicated by different-colored regions (the D.C. Circuit is the 12th). Each state within a circuit is also served by a single District Court jurisdiction or, as indicated by the red lines, multiple District Court jurisdictions. Nationwide there are 94 such judicial districts. For an interactive map, click on the above image.

An Example of a Streamlined System

An Example of a Streamlined System

State/Local vs. FederalState/Local vs. Federal1. Hears cases concerning state

laws and local issues.State courts hear criminal cases (minor and serious) as most crime is a violation of state law, civil disputes of individuals from the same state that involve less than $50,000, and other matters of state law.

There are about 1 million Federal cases per year and about 100 million state cases.

1. Hears cases concerning state laws and local issues.State courts hear criminal cases (minor and serious) as most crime is a violation of state law, civil disputes of individuals from the same state that involve less than $50,000, and other matters of state law.

There are about 1 million Federal cases per year and about 100 million state cases.

1. Hears cases that involve federal law, affect the nation, or

incidents between states. Any case dealing with the

Constitution, admiralty or maritime

issues, or a ruling of an agency of the

federal government.

1. Hears cases that involve federal law, affect the nation, or

incidents between states. Any case dealing with the

Constitution, admiralty or maritime

issues, or a ruling of an agency of the

federal government.Do you know the difference between a state and federal law?

1. There are lots of state,municipal, and local courts (Cook County, etc.)

2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers.

3. These 94 District Courts are Federal Trial Courts.

4. There are 11 Circuits. These are Federal Courts of Appeals.

1. There are lots of state,municipal, and local courts (Cook County, etc.)

2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers.

3. These 94 District Courts are Federal Trial Courts.

4. There are 11 Circuits. These are Federal Courts of Appeals.

In both State and Federal systems..In both State and Federal systems..

There are trial courts and courts of appeals or “appellate courts.”

These courts serve two very different functions and are very different in how they operate.

You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue.

You CAN NOT appeal your case just because you lost.

There are trial courts and courts of appeals or “appellate courts.”

These courts serve two very different functions and are very different in how they operate.

You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue.

You CAN NOT appeal your case just because you lost.

Trial Court vs. Appeals Trial Court vs. Appeals

1. Trial Courts are “cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence

1. Trial Courts are “cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence

1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

Trial Court vs. Appeals Trial Court vs. Appeals

2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard

3. Lawyers use evidence and witnesses to prove their case

2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard

3. Lawyers use evidence and witnesses to prove their case

2. All courts after the trial court are appelate courts

3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

2. All courts after the trial court are appelate courts

3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

Trial Court vs. Appeals Trial Court vs. Appeals

4. Trial courts result in the person going free or going to jail (or appealing!)

5. Both sides can appeal

4. Trial courts result in the person going free or going to jail (or appealing!)

5. Both sides can appeal

4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

Trial Court vs. Appeals Trial Court vs. Appeals

Case is decided by a judge or jury

Case is decided by a judge or jury

Case is decided by a panel (3-9) of judges who listen to the lawyer and ask questions.

Case is decided by a panel (3-9) of judges who listen to the lawyer and ask questions.

U.S. Supreme CourtU.S. Supreme Court

This is the highest appellate court in the land.Each side speaks for approximately 1 hour. During

this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech.

Cases that start in state or federal court can end up here.

State Supreme courts can send cases to the U.S. Supreme court.

The Supreme court is concerned ONLY with cases that have Constitutional Significance

This is the highest appellate court in the land.Each side speaks for approximately 1 hour. During

this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech.

Cases that start in state or federal court can end up here.

State Supreme courts can send cases to the U.S. Supreme court.

The Supreme court is concerned ONLY with cases that have Constitutional Significance

Types of CourtsTypes of Courts

Exit Slip/HomeworkExit Slip/Homework1. What are some examples of issues that

would be heard in Federal courts? How are they different from state or local courts?

2. There are _____ U.S. District courts (trial courts.) These courts are divided up into _____ appellate ________.

3. What is meant by jurisdiction of a court?4. Use one of your terms correctly in a

sentence.5. What types of cases are heard in the U.S.

Supreme Court (SCOTUS)?

1. What are some examples of issues that would be heard in Federal courts? How are they different from state or local courts?

2. There are _____ U.S. District courts (trial courts.) These courts are divided up into _____ appellate ________.

3. What is meant by jurisdiction of a court?4. Use one of your terms correctly in a

sentence.5. What types of cases are heard in the U.S.

Supreme Court (SCOTUS)?