9/23/14 BR- What would the original jurisdiction be for a case involving a double murder individuals living in Chicago? Today: Understanding Types of Courts

Important Terms: 1.Jurisdiction 2.Parties 3.Adversarial System 4.Inquisitional system 5.Trial Court 6.Court of Appeal 7.Affirmed 8.Remanded 9.Voir dire 1.Removal for cause 2.Peremptory challenge 10.Error of law 11.Precedent 12.Dissenting opinion 13.Concurring opinion 14.Petitions for certiorari 1.Jurisdiction 2.Parties 3.Adversarial System 4.Inquisitional system 5.Trial Court 6.Court of Appeal 7.Affirmed 8.Remanded 9.Voir dire 1.Removal for cause 2.Peremptory challenge 10.Error of law 11.Precedent 12.Dissenting opinion 13.Concurring opinion 14.Petitions for certiorari 1.Litigator 2.State of mind 3. Mens rea 4. Actus rea 5.Causal link 6.Elements 7.Motive 8.Felony 9.Misdemeanor 10.Principal 11.Accomplice 12.Accessory before the fact 13.Accessory after the fact 14.Crime of omission 15.Solicitation 16.Attempt 17.Conspiracy For Later

Jurisdiction “The power, right, and authority to interpret the law.”

Our Court System -The U.S. court system is an adversarial system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges. -Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc. -The U.S. court system is an adversarial system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges. -Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc.

State and Federal Courts There is a completely separate court system in the U.S. that handles different types of cases. The State and Federal courts Both systems can end at the U.S. Supreme court There is a completely separate court system in the U.S. that handles different types of cases. The State and Federal courts Both systems can end at the U.S. Supreme court

Structure of the Court System

Federal Court - Levels

United States Federal Court System The 11 multi-state jurisdictions of U.S. Circuit Courts of Appeals are indicated by different-colored regions (the D.C. Circuit is the 12 th ). Each state within a circuit is also served by a single District Court jurisdiction or, as indicated by the red lines, multiple District Court jurisdictions. Nationwide there are 94 such judicial districts. For an interactive map, click on the above image.

An Example of a Streamlined System

State/Local vs. Federal 1. Hears cases concerning state laws and local issues.State courts hear criminal cases (minor and serious) as most crime is a violation of state law, civil disputes of individuals from the same state that involve less than $50,000, and other matters of state law. DThere are about 1 million Federal cases per year and about 100 million state cases. 1. Hears cases concerning state laws and local issues.State courts hear criminal cases (minor and serious) as most crime is a violation of state law, civil disputes of individuals from the same state that involve less than $50,000, and other matters of state law. DThere are about 1 million Federal cases per year and about 100 million state cases. 1. Hears cases that involve federal law, affect the nation, or incidents between states. Any case dealing with the Constitution, admiralty or maritime issues, or a ruling of an agency of the federal government. Do you know the difference between a state and federal law?

1. There are lots of state,municipal, and local courts (Cook County, etc.) 2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers. 3. These 94 District Courts are Federal Trial Courts. 4. There are 11 Circuits. These are Federal Courts of Appeals. 1. There are lots of state,municipal, and local courts (Cook County, etc.) 2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers. 3. These 94 District Courts are Federal Trial Courts. 4. There are 11 Circuits. These are Federal Courts of Appeals.

In both State and Federal systems.. There are trial courts and courts of appeals or “appellate courts.” These courts serve two very different functions and are very different in how they operate. You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue. You CAN NOT appeal your case just because you lost. There are trial courts and courts of appeals or “appellate courts.” These courts serve two very different functions and are very different in how they operate. You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue. You CAN NOT appeal your case just because you lost.

Trial Court vs. Appeals 1. Trial Courts are “cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence 1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

Trial Court vs. Appeals 2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard 3. Lawyers use evidence and witnesses to prove their case 2. Trial courts are called the “court of original jurisdiction.” It means the place where the case was first heard 3. Lawyers use evidence and witnesses to prove their case 2. All courts after the trial court are appelate courts 3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It! 2. All courts after the trial court are appelate courts 3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

Trial Court vs. Appeals 4. Trial courts result in the person going free or going to jail (or appealing!) 5. Both sides can appeal 4. Trial courts result in the person going free or going to jail (or appealing!) 5. Both sides can appeal 4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

Trial Court vs. Appeals Case is decided by a judge or jury Case is decided by a panel (3-9) of judges who listen to the lawyer and ask questions.

U.S. Supreme Court This is the highest appellate court in the land. Each side speaks for approximately 1 hour. During this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech. Cases that start in state or federal court can end up here. State Supreme courts can send cases to the U.S. Supreme court. The Supreme court is concerned ONLY with cases that have Constitutional Significance This is the highest appellate court in the land. Each side speaks for approximately 1 hour. During this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech. Cases that start in state or federal court can end up here. State Supreme courts can send cases to the U.S. Supreme court. The Supreme court is concerned ONLY with cases that have Constitutional Significance

Types of Courts Appellate Courts Trial Courts

Exit Slip/Homework 1.What are some examples of issues that would be heard in Federal courts? How are they different from state or local courts? 2.There are _____ U.S. District courts (trial courts.) These courts are divided up into _____ appellate ________. 3.What is meant by jurisdiction of a court? 4.Use one of your terms correctly in a sentence. 5.What types of cases are heard in the U.S. Supreme Court (SCOTUS)? 1.What are some examples of issues that would be heard in Federal courts? How are they different from state or local courts? 2.There are _____ U.S. District courts (trial courts.) These courts are divided up into _____ appellate ________. 3.What is meant by jurisdiction of a court? 4.Use one of your terms correctly in a sentence. 5.What types of cases are heard in the U.S. Supreme Court (SCOTUS)?