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