“Dual” Court System “Dual” Court System “Dual” Court System.

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Presentation transcript:

“Dual” Court System

“Dual” Court System

“Dual” Court System

Notes Dual Court System State courts Federal courts

Three-tiered system

Three-tiered system

Three-tiered system

Courts of Appellate Jurisdiction Supreme Courts Courts of Appellate Jurisdiction Courts of Original Jurisdiction

Notes Dual Court System State courts Federal courts Three-tiered system Courts of original jurisdiction Courts of appellate jurisdiction Supreme Courts

Courts of Original Jurisdiction

Michael Jackson’s Doctor Casey Anthony

AHS Students

Notes Dual Court System State courts Federal courts Three-tiered system Courts of original jurisdiction Courts of appellate jurisdiction Supreme Courts Jurisdiction Original – where a case is first heard

Courts of Original Jurisdiction: Facts Guilt or innocence (criminal case)

A Time to Kill

A Few Good Men

My Cousin Vinny

Courts of Original Jurisdiction: Facts Guilt or innocence (criminal case) For the plaintiff or defendant (civil case)

Erin Brockovich

Philadelphia

Notes Dual Court System State courts Federal courts Three-tiered system Courts of original jurisdiction Courts of appellate jurisdiction Supreme Courts Jurisdiction Original – where a case is first heard Appellate – courts of appeal

Courts of Appellate Jurisdiction: Not a “do over” Fairness Law

Each state has its own court system

98% of all cases are heard in state courts

Article III SECTION 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

“Constitutional” courts

Notes Federal Courts Constitutional courts – designed to reduce workload on Supreme Court

Martha Stewart Timothy McVeigh Terrorists

“Special” (legislative) Courts

Notes Federal Courts Constitutional courts – designed to reduce workload on Supreme Court Special (legislative) courts – deal with issues arising from legislation passed by Congress

“Constitutional” courts

Notes Federal Courts Constitutional courts – designed to reduce workload on Supreme Court Special (legislative) courts – deal with issues arising from legislation passed by Congress Structure District courts Courts of Appeals Supreme Court

Notes Jurisdiction – Part #2 Exclusive – a case that can only be heard in either a state or a federal court Concurrent – a case that can be heard in both a state or a federal court

Notes Determining Jurisdiction What is the subject ? State law or federal law (“Act”)?

Notes Determining Jurisdiction What is the subject ? State law or federal law (“Act”)? Who is involved (parties)?

Notes Determining Jurisdiction What is the subject ? State law or federal law (“Act”)? Who is involved (parties)? Is this the first time the case is heard?

Notes Determining Jurisdiction What is the subject ? State law or federal law (“Act”)? Who is involved (parties)? Is this the first time the case is heard? Which court last heard the case?