Types of Courts

American Government

Standing

In order for a case to be heard in our legal system, the plaintiff must have standing to sue This means that the plaintiff generally must have sustained, or is in in immediate danger of

sustaining, a direct and substantial injury from another person or an action of government

The defendant is then the one who is accused of causing said harm

Conflicts must also be considered justiciable disputes

This means that they have to be capable of being settled by legal methods

Courts have what are called dockets, or a list of cases that are either in progress or are pending trial

Constitutional Courts

The Constitutional courts include: Federal District Courts

The Federal Courts of Appeal

United States Court of International trade.

These courts are established under the provisions of Article 3 of the Constitution

District Courts

Federal District Courts are trial courts. States are divided into 91 districts, each having a Federal District Court

Issues of federal statutory or Constitutional law and cases involving citizens of different states

Few cases are appealed from this court

Federal District Courts have original jurisdiction Original jurisdiction involves cases heard by the court for the first time in a particular

geographic area or sphere of the law

Courts of original jurisdiction are generally trial courts in which decision are made by juries

District courts are considered to be inferior courts, because their decisions can be appealed to a higher court

District Courts

Federal jurisdiction covers criminal and civil cases that involve: Federal Crimes

Treaties with foreign nations

Interpretations of the Constitution

Bankruptcy

Admiralty or maritime law.

Ambassadors and other reps of foreign governments

The U.S. government or one of its offices or agencies

Citizens of different states

A state and a citizen of a different state

Citizens of the same state claiming lands under grants of different states

A state or its citizens and a foreign country or its citizens

Despite the ability to hear this broad base of cases, 98% of all criminal cases are heard in state and local court systems

Courts of Appeal

The U.S. Courts of Appeal review final decisions made by district courts They also have the authority to review and enforce the orders of many independent regulatory commissions

such as the SEC and the NLRB

There are 12 judicial circuits for appeals

These courts specialize in correct errors of procedure and law that occurred in the original proceedings of legal casers

These courts hold no trials and hear no testimony

These courts set precedent for all courts and agencies within their jurisdictions

The U.S. Courts of Appeal have appellate jurisdiction Appellate jurisdiction applies when courts have the right to review cases from lower courts on appeal

The final appeal coming from the Supreme Court

Appellate courts never have original jurisdiction

The exception to this rule is the Supreme Court

The U.S. Court of Appeals is the superior court to the District Courts, but is an inferior court to the Supreme Court

Constitutional Court

The Court of International Trade was formally known as the United States Customs Court The Court of International Trade has jurisdiction over cases dealing with tariffs

Citizens who believe that tariffs are too high bring most of the cases heard in this court

The court is based out of New York even though it is a federal court

Special Courts

The U.S Claims Court handles cases levied against the United States for money damages A person who believes that the government hasn’t paid a bill for goods or services may sue

the government

The U.S Tax Court acts under its power to tax It hears cases relating to federal taxes

These are cases in which people disagree with the IRS or other Treasury Department agency rulings about federal taxes

This court handles cases appealed from Tax courts

Special Courts

Court of Military Appeals This is the armed forces highest appeals court

These are cases involving those convicted of breaking military law

The Court of Military Appeals is referred to the GI Supreme Court. The GI Supreme court has the power to review these decisions

When military personnel are put on trial for the violation of military law, it is referred to as a court-martial

Court of Veterans Appeals These have to do with unsettled claims involving veterans

State Courts and Concurrent Jurisdiction

State courts have jurisdiction over cases involving state laws (state jurisdiction) States have their own judiciary system and have various rules regarding how appeals are to

be heard

States also have their own Supreme Courts designed to deal with major appellate questions

Concurrent jurisdiction occurs in cases involving persons of different states in disputes of at least $50,000 Being tried at both the state and federal level for the same crime is known as dual

sovereignty

Dual sovereignty is not deemed a violation of double jeopardy

Juries

Most courts have the ability to try both criminal and civil cases Courts generally use two different types of juries when hearing cases. These juries are:

Grand Juries Grand juries decide whether a case should go to trial based upon the prosecutions evidence

If a grand jury decides there is not sufficient evidence to go to trial, charges are generally dropped

Petit Juries Petit juries are trial juries, usually consisting of 6 or 12 people

This type of jury weighs the evidence presented at a trial and then render a verdict of guilty or not guilty