Court Systems

Court Systems -Two Separate Court Systems Federal – deal with Federal crimes State – deal with state crimes (most cases are actually state cases) -Two kinds of court cases Civil – handles cases where no crime is committed, such as divorce, custody, property disputes.. Criminal – handle cases where a crime has been committed, such as murder, kidnapping, robbery…

Jurisdiction -Jurisdiction - the authority to hear a question or case in dispute -Original Jurisdiction -this belongs to the court which has the initial authority to hear a case -Exclusive Jurisdiction -means that jurisdiction belongs to only one group -Concurrent Jurisdiction -this means that a case can be heard in one of several courts

Constitution All of the following cases are heard in Federal Courts. They are outlined in Article 3 Section 2 Clause 1. -Constitutional Law – anything involving the Constitution, the Bill of Rights, or any amendments Examples: Washington, D.C.s handgun ban in 2008, search and seizure in schools, district court rulings on gay marriage before the Supreme Court decision, etc.

Federal Law -Any crime that breaks a federal law MAY be heard in a Federal Court Examples – U.S. Patents, embezzelment from the U.S. government….

Maritime Laws -Crimes that take place on the ocean or the Gulf of Mexico on an American ship are heard in Federal courts

Disputes involving the U.S. Government -Any time a person files a claim against the U.S. government, that case is heard in the US Federal Court Examples – Federal Government contractors who sue

Disputes between citizens of different states -Example: since both states can claim the trial in their state, the case goes to the Federal Courts

Controversies between states -Any time a dispute occurs between two states, it is heard in neither states court but goes straight to a federal court, and the US Supreme Court could hold original jurisdiction. (Article 3 Section 2 Clause 2) (this does not involve state cases against criminals, this means when states sue one another or if a state and federal government file lawsuits against one another.) Example – North and South Carolina fought over a boundry near Charlotte, NC.

Disputes involving Different governments -Example: Anytime an ambassador from another nation breaks a law in the United States, that trial is heard by a Federal court. This is a case that could have original jursidiction by the US Supreme Court

Cases involving U.S. Officials in Foreign Nations can go straight to the Supreme Court for original jurisdiction (outlined in Article 3 Section 2 Clause 2) -Example: Should our ambassador break a crime in a foreign nation, and should they be extradited back to the U.S. for trial and punishment, that will be heard in a Federal government.

Inferior Courts (every Federal court that isn’t the Supreme Court is an Inferior court. They were created by Congress, as outlined in Article 3 Section 1.)

Federal District Court -lowest level of Federal Courts -all federal cases must begin at this level -Each court rules over a district. At least one court per state -District Courts complete about 90% of the Federal case load

Federal District Court Court’s Purpose -District Courts only handle cases that fall under Federal jurisdiction -District Courts use a jury trial to decide guilt or innocence (amendment 6 and 7, also Article 3 Section 2 Clause 3) -Judges are to interpret the law and determine punishments

Federal District Court Court Officials -Judges are appointed by the President w/ Senate approval on federal level, but in NC courts they are elected Judges serve a life-time term on federal level (outlined in Article 3 Section 1) -U.S. Attorneys represent the government in all cases -U.S. Marshals are in charge of protecting the court -Magistrates -Court Clerks

Federal Appeals Court Appeals Court -Appeals Courts serve as the second level in the system -They have only appellate jurisdiction -there are 12 Courts of Appeal in the U.S. which supervise a district -Cases are appealed to the Court because of unfairness or error

Federal Appeals Court Court Procedures -No juries are used in Appeals Courts -No determination is made on guilt or innocence -Only decision is whether a fair trial was given -Written Briefs of the unfair ruling or trial error are prepared and oral arguments are presented before the court -Panels of 3 or more judges hear the cases and make decisions

-Appeals Courts can make three -Uphold Federal Appeals Court Court Rulings -Appeals Courts can make three -Uphold confirm the previous court’s decision -Overturn -reverse the previous court’s decision -Remand -send the case back down to a lower court for retrialdecisions in a case

U.S. Supreme Court (basically, it’s a high level appeals court)

-Highest Court in the Nation Supreme Court -Highest Court in the Nation -All Decisions are Final (unless they overturn it themselves or an amendment is passed) -Usually Appellate Jurisdiction Only (outlined in Article 3 Section 2 Clause 2) -Only hears about 150 of thousands of appeals

-Constitution is the Highest Law Court’s Power -Constitution is the Highest Law -Constitution is the Supreme Law when there is a conflict with other laws -Court is responsible for upholding the Constitution -Judicial Review – power to declare laws unconstitutional (remember Marbury v. Madison

Supreme Court Justices -made up of 9 justices -no official requirements -but most have been lawyers prior to being federal judges on another level before their appointment -appointed by the President w/ Senate approval -appointed to a life term (outlined in Article 3 Section 1) -very important appointment process that usually involves Senate hearings and interviews with the President

-In session from Oct to June/July each year Court at Work -In session from Oct to June/July each year -Each month follows a pattern -1st 2 weeks the court hears cases, make announcements, and discuss current cases -2nd 2 weeks the justices are writing opinions, deciding what cases to hear, and researching cases

Which Cases? -Justices discuss and must agree on the merits of a case for it to be heard -Only hears certain kinds of cases -Usually hears just appellate cases

Court Decisions -Justices discuss cases with each other -The Justices make one of three decisions (they’re the same as the appeals court decisions) Uphold Overturn Remand -Each decision is accompanied with a written opinion explaining the law about the case Majority Opinion Concurrent Opinion Dissenting Opinion