The Court System

The Court SystemThe Court System

Who decides innocence and Who decides innocence and guilt?guilt?


Where do different cases go?Where do different cases go?- Depends on the type of crime.Depends on the type of crime.

The ORDER of the courts:The ORDER of the courts:

1)1) Justice of the Peace-Justice of the Peace--> deals with minor crimes/ misdemeanors -> deals with minor crimes/ misdemeanors

in the countryside (noise violations, in the countryside (noise violations, public drunkeness, etc)public drunkeness, etc)


2)2) Police Courts (aka: Municipal Courts)Police Courts (aka: Municipal Courts)

-> deal with minor crimes, citywide -> deal with minor crimes, citywide jurisdiction, few hundreds of $.jurisdiction, few hundreds of $.

3)3) Small Claims Courts-Small Claims Courts-

-> deal with disputes in lower -> deal with disputes in lower thousands of dollars (civil cases)thousands of dollars (civil cases)

(no jury, no lawyers, no appeals)(no jury, no lawyers, no appeals)


4)4) Juvenile Courts- Juvenile Courts-

-> deal with crimes (minor and major) -> deal with crimes (minor and major) committed by people under the age of 18.committed by people under the age of 18.

- main focus in rehabilitation, not punishment.- main focus in rehabilitation, not punishment.

5)5) State Circuit Court-State Circuit Court-

-> deal with most crimes that occur in the -> deal with most crimes that occur in the state. (1state. (1stst to hear a case, and usually the last) to hear a case, and usually the last)

- this is what you see on TV (judge, jury, - this is what you see on TV (judge, jury, lawyers, etc)lawyers, etc)


6)6) Intermediate Appellate Courts-Intermediate Appellate Courts--> Review cases from the circuit courts. -> Review cases from the circuit courts. - a case can only be appealed if there is - a case can only be appealed if there is a procedural problem during a trial, not a procedural problem during a trial, not b/c the result is not liked.b/c the result is not liked.- no trial, just a 3 judge panel that - no trial, just a 3 judge panel that reviews the case.reviews the case.

7)7) State Supreme Court-State Supreme Court--> Final say in a state, cases can be -> Final say in a state, cases can be appealed to the US Supreme Courtappealed to the US Supreme Court


The FEDERAL COURT SYSTEMThe FEDERAL COURT SYSTEM- Created to establish a unified system Created to establish a unified system

among the states when there is a among the states when there is a violation of the Constitution.violation of the Constitution.

Article IIIArticle III created the Supreme Court created the Supreme Court(only court created by the Constitution)(only court created by the Constitution)Article I, Sect. 8, Clause 9->Article I, Sect. 8, Clause 9-> gave gave

Congress the power to create lower Congress the power to create lower courts, if necessary.courts, if necessary.


Two types of courts:Two types of courts:1)1) Constitutional Courts- Constitutional Courts-

-- deal with issues that relate to the -- deal with issues that relate to the application of the Constitutionapplication of the ConstitutionEX: EX: Does a company discriminate against a Does a company discriminate against a certain group of people?certain group of people?Is wearing a black protest band in school Is wearing a black protest band in school covered under freedom of speech in the covered under freedom of speech in the 11stst Amendment? Amendment?


2)2) The Legislative Courts- (aka the Special Courts)The Legislative Courts- (aka the Special Courts)-- deal with a particular area of the law-- deal with a particular area of the lawEX: EX: Military issuesMilitary issuesTax issuesTax issues

The Dual Court SystemThe Dual Court SystemFederal court system- 120 in totalFederal court system- 120 in totalState court system- 1,000’s in total (most are State court system- 1,000’s in total (most are

copies of the federal system)copies of the federal system)


The Federal CourtsThe Federal Courts (misc. info) (misc. info)What does jurisdiction mean?What does jurisdiction mean?--- it is the authority of certain court to --- it is the authority of certain court to hear a case (who has the right to hear it)hear a case (who has the right to hear it)

For the federal courtsFor the federal courts1)1) If the subject matter involves the If the subject matter involves the

ConstitutionConstitution2)2) If the parties involved are the US Govt If the parties involved are the US Govt

(agencies, officers), ambassadors, states (agencies, officers), ambassadors, states suing states, citizen suing a state, citizen suing states, citizen suing a state, citizen suing another state’s citizen suing another state’s citizen


Types of JurisdictionTypes of JurisdictionExclusive-- can only be heard in the Exclusive-- can only be heard in the

federal courtsfederal courtsConcurrent– can be heard in the state Concurrent– can be heard in the state

or federal courts or bothor federal courts or both------------------------------------------------------------------------------------------------------------Original-- the first court to hear a caseOriginal-- the first court to hear a caseAppellate-- case is heard on review Appellate-- case is heard on review

from a from a lower court.lower court.


Who has what type in the Federal Who has what type in the Federal System?System?

District Courts- District Courts- Original JurisdictionOriginal Jurisdiction

Appellate Courts-Appellate Courts-Appellate JurisdictionAppellate Jurisdiction

US Supreme Court-US Supreme Court-Original and AppellateOriginal and Appellate


Types of Courts (con’t)Types of Courts (con’t)

8)8) Federal District CourtsFederal District Courts

11stst to hear a case in matters of to hear a case in matters of federal law (criminal and non-federal law (criminal and non-criminal)criminal)

Ex: bank robbery, mail fraud, Ex: bank robbery, mail fraud, bankruptcy, tax evasionbankruptcy, tax evasion


By the Numbers--By the Numbers--# of courts = 94 # of courts = 94

Depends on: population of stateDepends on: population of state# of judges = 654# of judges = 654# of cases = 300,000 per/yr# of cases = 300,000 per/yr

They use two types of juries—They use two types of juries—1) Grand jury- 16-23 people, decide if there is 1) Grand jury- 16-23 people, decide if there is enough evidence to warrant a trialenough evidence to warrant a trial2) Petit jury- (trial jury) 12 member panel of 2) Petit jury- (trial jury) 12 member panel of citizens that decide innocence or guilt (must be citizens that decide innocence or guilt (must be unanimous)unanimous)


Decisions? Decisions?

Are usually final unless there is an Are usually final unless there is an issue that can be appealed to issue that can be appealed to another court.another court.

9)9) The Federal Appellate Courts-The Federal Appellate Courts-

created in 1891, to ease burden created in 1891, to ease burden on Supreme Courton Supreme Court


Appellate Courts- by the numbersAppellate Courts- by the numbers# of Courts = 12 (usually shared # of Courts = 12 (usually shared among among many states)many states)# of judges = 179 in 3 judge panels, # of judges = 179 in 3 judge panels, plus plus one member of the Supreme one member of the Supreme will will oversee each district.oversee each district.# of cases = 55,000 cases per /yr. # of cases = 55,000 cases per /yr.

Decisions are final, unless SC will Decisions are final, unless SC will hear hear a case. a case.


10)10) The US Supreme Court (highest The US Supreme Court (highest court in the land)court in the land)

Composition = 1 Chief Justice, with 8 Composition = 1 Chief Justice, with 8 associate justices (9 in total)associate justices (9 in total)

Judicial Review = the power of the SC Judicial Review = the power of the SC to declare a law or act to declare a law or act unconstitutional. (gives them actual unconstitutional. (gives them actual power or authority)power or authority)


JurisdictionJurisdiction--

Original = when it involves another State, or Original = when it involves another State, or a foreign ambassador/ officiala foreign ambassador/ official

Appellate = on review from a lower courtAppellate = on review from a lower court

Process of Reaching the Supreme CourtProcess of Reaching the Supreme Court

# of cases = 8,000 are appealed to SC per/ # of cases = 8,000 are appealed to SC per/ yr.yr.

Rejected if: the issue is unimportant, Rejected if: the issue is unimportant, not not related to Constitution.related to Constitution.


Cases accepted = ~120 per/ yr.Cases accepted = ~120 per/ yr.

How cases get to the HIGH COURT?How cases get to the HIGH COURT?1. Writ of certiorari – order from the 1. Writ of certiorari – order from the Supreme Court to a lower court for Supreme Court to a lower court for records of a case.records of a case.2. Appeal– on review from a lower 2. Appeal– on review from a lower courtcourt3. Certificate-- Request of a lower 3. Certificate-- Request of a lower court court to the SC to hear a case.to the SC to hear a case.


SessionsSessions

1)1) Begin on the 1Begin on the 1stst Monday in October Monday in October and run until June/ and run until June/ JulyJuly

2)2) Cases are heard in Cases are heard in two week cycles two week cycles (hear cases for 2 (hear cases for 2 weeks, then review weeks, then review them the next two them the next two weeks and study weeks and study other cases)other cases)

SunSun MOMONN

TueTuess

WeWedd

ThurThurss

FriFri SatSat

HH EE AA RR

CC AA SS EE SS

RR EE VV II EE WW

CC AA SS EE SS


3)3) During the week of hearing cases:During the week of hearing cases:

Tues- ThursTues- Thurs = Hear oral arguments = Hear oral arguments

Each side is given 30 minutes to Each side is given 30 minutes to present their argument to the present their argument to the justices.justices.

Each argument is accompanied by Each argument is accompanied by a brief-- written summary of a case a brief-- written summary of a case (can be 100’s of pages)(can be 100’s of pages)


Friday Friday = Conference Day= Conference Day

Meet in chambers to discuss and vote on Meet in chambers to discuss and vote on cases.cases.

A quorum: 6 justices (4 must agree)A quorum: 6 justices (4 must agree)

Full : Majority must agreeFull : Majority must agree

EX: 9-0, 7-2, 5-4 , etcEX: 9-0, 7-2, 5-4 , etc

Politics of the Court= often partisan politics Politics of the Court= often partisan politics leads to cases being decided a certain way. leads to cases being decided a certain way. Why?Why?


Saturday and SundaySaturday and Sunday = opinions are written = opinions are written

Majority opinionMajority opinion- the official court opinion with - the official court opinion with its reasoning. (become precedents, examples to its reasoning. (become precedents, examples to follow in other cases)follow in other cases)

Dissenting opinionDissenting opinion- opinion of the justices that - opinion of the justices that disagree with the ruling, accompanies the decision.disagree with the ruling, accompanies the decision.

Concurring opinionConcurring opinion- opinion of a justice who - opinion of a justice who agrees with the decision, but for a different reason.agrees with the decision, but for a different reason.


MondayMonday = Decision Day = Decision DayDecisions are given and opinions are read aloud Decisions are given and opinions are read aloud to the court.to the court.

Special Courts ---Special Courts --- Deal with specific areas of jurisdiction.Deal with specific areas of jurisdiction.

Ex: US Tax CourtEx: US Tax CourtMilitary CourtsMilitary CourtsCourts of the District of ColumbiaCourts of the District of ColumbiaTerritorial CourtsTerritorial Courts


Appointment of Judges-Appointment of Judges-Appointed by: Appointed by:

the President, approved by the President, approved by SenateSenateQualificationsQualifications: :

No formal qualificationsNo formal qualificationsInformal: background in law, Informal: background in law,

lawyers, lawyers, state judgesstate judgesInfluenced by: party politicsInfluenced by: party politics


Terms = for lifeTerms = for lifeunless: unless: 1) retire1) retire

2) die2) die3) resign3) resign4) impeached4) impeached

Other courts = 4-15 yr termsOther courts = 4-15 yr terms

Pay = set by Congress, $199,200 (for Pay = set by Congress, $199,200 (for SC)SC)

The Court System

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