The Judicial System-Two Tiers State Court System – Established by a state to deal with local, county and state issues and disputes Federal Court System.

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Presentation transcript:

The Judicial System-Two Tiers State Court System – Established by a state to deal with local, county and state issues and disputes Federal Court System – Established by the Constitution to decide disputes involving the Constitution or laws passed by US Congress

Because of federalism, where powers are shared between the national and state governments, there are both a state and federal court system. State Court Cases Most criminal cases, probate (involving wills and estates) Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final deciders of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases. Federal Court Cases Cases that deal with the constitutionality of a law Cases involving the laws and treaties of the U.S. Ambassadors and public ministers Disputes between two or more states Bankruptcy

State CourtsFederal CourtsState or Federal Courts Crimes under state legislation. State constitutional issues and cases involving state laws or regulations. Family law issues. Real property issues. Most private contract disputes (except those resolved under bankruptcy law). Most issues involving the regulation of trades and professions. Most professional malpractice issues. Most issues involving the internal governance of business associations such as partnerships and corporations. Most personal injury lawsuits. Most workers' injury claims. Probate and inheritance matters. Most traffic violations and registration of motor vehicles. Crimes under statuses enacted by Congress. Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights). Matters involving interstate and international commerce, including airline and railroad regulation. Cases involving securities and commodities regulation, including takeover of publicly held corporations. International trade law matters. Patent, copyright, and other intellectual property issues. Cases involving rights under treaties, foreign states, and foreign nationals. State law disputes when "diversity of citizenship" exists. Bankruptcy matters. Disputes between states. Crimes punishable under both federal and state law. Federal constitutional issues. Certain civil rights claims. "Class action" cases. Environmental regulations. The Judicial System- Examples of Criminal and Civil Case Jurisdiction

The Judicial System-Civil Case Jurisdiction State Court System – State Civil Issues: Small Claims Lawsuit Child Custody Cases Divorce Property Disputes Federal Court System – Federal Civil Issues: Constitutional Violation Free Speech Restrictions Cruel Punishment Arguments Discrimination Issues