The United States Court System Federal and State

Our Court System Our court system is designed to provide an open and impartial forum for deciding the truth of the matter and reaching a solution that satisfies the rule of law. Our system is unique in that it is made up of two different court systems Federal State (Each state has their own)

What decides the destination of a case? Jurisdiction: the power or authority of a legal agency to exercise their authority on a legal matter. Federal and State Courts have different jurisdictions Only hear certain cases. Determined by the constitution Some cases involve concurrent jurisdiction (can be heard by either courts)

Federal Jurisdiction Constitution only grants federal courts jurisdiction in two types of cases: Diversity of Citizenship: civil cases that are between citizens of 2 different states and the amount of $ in question exceeds a certain set amount (currently $75,000). Involve a Federal Question (arise under constitution and federal laws) Suits between two states Federal Crimes (those defined in the Constitution- treason, counterfeiting, piracy) Bankruptcy Patent, Copyright, Trademark, etc. Securities and Banking Regulations Admiralty Anti-Trust (monopolies)

State Jurisdiction Extends to basically any case that does not fall within the federal jurisdiction. Specific cases that fall within state jurisdiction: Cases involving the state constitution. State criminal offenses (murder, theft, breaking and entering, etc. Tort and Personal Injury- Civil cases Contract Law Family Law Municipal and Zoning Ordinances Traffic Regulation Property Law

14th Amendment & Courts Due Process Clause- Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Prohibits state & local gov’ts from depriving persons of life, liberty, and property Bill of Rights IS applicable to the states (Must follow Constitution)

What this means.. Allows the federal courts to become involved in state cases if one of the rights protected by the Fourteenth Amendment comes into play. Allows persons to sue in federal court if they believe that a state law or regulation deprives them of the “equal protection of the laws.”

State Courts Each state maintains its own state court organization and structure. All are different, but share similar characteristics. 50 total state systems, and separate courts for D.C. and Puerto Rico Each state can create as many courts as they want, name courts as they wish, and create specialized courts (drug courts, domestic violence, etc)

State Courts Most state courts are composed of: 2 Trial Courts (Limited Jurisdiction and General Jurisdiction) Intermediate Appellate Courts Highest Court (State Supreme Court)

Federal Court System Article 3, Section 1: “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish” Article 3 Courts: U.S. District Courts, the U.S. Court of Appeals, the Supreme Court, U.S. Court of Claims, U.S. Court of International Trade Courts created by Congress: Magistrate courts, bankruptcy courts, the U.S. Court of Military Appeals, the U.S. Tax Court and the U.S. Court of Veterans’ Appeals.

Federal Court System Tiered System United States Supreme Court United States Court of Appeals United States District Courts

U.S. District Courts 94 District Courts Each state has at least one (California has 4!) Trial Courts- most federal cases begin in these courts  original jurisdiction Hear both civil and criminal cases

U.S. Court of Appeals 13 Circuit Courts of Appeals 12 Districts, 1 in D.C. (Federal Circuit) KY is in District 6 Any party who is dissatisfied with the judgment in a U.S. District Court may appeal to the U.S. Court of Appeals These courts only will examine the trial record for mistakes of law

U.S. Supreme Court The court of last resort! Parties who are not satisfied with the decision of a U.S. Circuit Court of Appeal (or, in rare cases, of a U.S. District Court) Or, a state supreme court can petition the U.S. Supreme Court to hear their case. This is mainly done by a legal procedure known as a Petition for a Writ of Certiorari (cert.). Usually only accept about 100 of these cases out of 7,000

Kentucky Court Structure http://courts.ky.gov/NR/rdonlyres/12F32193-56E9-423F-A90A-71CB5C10E04A/0/KCOJ_Organization.pdf

Other ‘fun’ info to know.. The state courts can interpret the U.S. Constitution subject to final review by the U.S. Supreme Court. Federal courts cannot interpret state constitutions or state law. Federal constitutional law provides a “floor” for individual rights that state courts may not go below. It does not provide a “ceiling” that state courts may not go above.