2Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART A Dual Court System.

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Presentation transcript:

2Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART A Dual Court System

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System A Dual Court System 5 Chapter The Court System

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Legal Terms jurisdiction diversity of citizenship original jurisdiction appellate court intermediate court appellate jurisdiction limited jurisdiction general jurisdiction delinquent child unruly child neglected or abused child

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System District Courts Courts of Appeals Special U.S. Courts Supreme Court Section Outline

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System Federal courts have jurisdiction over: Actions in which the United States or one state is a party, except those actions between a state and its citizens. Cases that raise a federal question, such as interpreting the Constitution.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System Federal courts have jurisdiction over: Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in dispute exceeds $50,000. Admiralty cases, or those pertaining to the sea.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System Federal courts have jurisdiction over: Patent and copyright cases. Bankruptcy cases.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System The Federal Court System Federal courts are arranged in three steps, or tiers: U.S district courts U.S. courts of appeals The U.S. Supreme Court

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System District Courts District courts have original jurisdiction over most federal court cases. Original jurisdiction means trying a case the first time it is heard.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Courts of Appeals The U.S. courts of appeals are also called appellate courts. They are intermediate courts, courts between lower courts and the highest court. They hear appeals and review cases from lower courts.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Courts of Appeals They have appellate jurisdiction, meaning that any party to a suit decided in a federal district court may appeal to the federal court of appeals in the circuit where the case was tried.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Special U.S. Courts Congress has established several special federal courts that have jurisdiction in cases, including: Suits brought by citizens against the federal government.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Special U.S. Courts Disagreements over taxes on imported goods. Disputes between taxpayers and the Internal Revenue Service.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Supreme Court Is the highest court in the land. Has original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Supreme Court Must hear all cases that involve the constitutionality of the federal law. Also decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System What does jurisdiction mean?

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System ANSWER The power and authority given to a court to hear a case and to make a judgment.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Pre-Learning Question Do all states have the same court system?

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System State Court Systems Each state has its own court system. However, the general pattern is the same in all states. Local trial courts General trial courts

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System State Court Systems Special courts Intermediate appellate courts Supreme courts

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Local Trial Courts Local courts are courts of limited jurisdiction. Limited jurisdiction means they handle minor matters, such as misdemeanors and civil actions involving small amounts of money.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System General Trial Courts Each county in most states has at least one general trial court. It has general jurisdiction. All cases involving major crimes and large amounts of money must begin in one of these courts.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Special Courts Courts have been established in many states to handle specialized cases. Domestic relations courts handle divorce, annulment, and dissolution proceedings. Juvenile courts have jurisdiction over delinquent, unruly, abused, or neglected children.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Juvenile Courts A delinquent child is a minor who has committed an adult crime. An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Juvenile Courts A neglected or abused child is one who is homeless, destitute, or without adequate parental care. He or she may become a ward of the state.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Supreme Courts The highest court in most states is known as the supreme court. Typically these courts decide matters of law appealed from lower courts.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System 5.1 Court Systems in the United States U.S. Supreme Court U.S. Court of Appeals U.S. Court of Appeals U.S. District Courts Appellate Courts General Trial Courts Lower Trial Courts State Supreme Courts

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned 1. 1.What are the differences among original, appellate, limited and general jurisdiction? Section 5.1 Assessment

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Original: district courts have authority to try a case the first time it is heard. Section 5.1 Assessment Answer Appellate: any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money. Section 5.1 Assessment Answer Continued General: general trial courts handle the major civil and criminal cases in each state.

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned 2. 2.How are the federal courts structured? Section 5.1 Assessment

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned Three tiers: Section 5.1 Assessment Answer U.S. district courts; U.S. courts of appeals; U.S. Supreme Court

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned 3. 3.What is the role of the United States Supreme Court? Section 5.1 Assessment

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned The Supreme Court is the highest court with both original and appellate jurisdiction. Section 5.1 Assessment Answer

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned 4. 4.How are most state courts structured? Section 5.1 Assessment

Understanding Business and Personal Law A Dual Court System Section 5.1 The Court System Reviewing What You Learned Tiers of local trial courts, general trial courts, intermediate appellate courts, and supreme courts. Section 5.1 Assessment Answer