The Judicial System-Two Tiers State Court System – Why would you end up here? – Both Systems hear cases regarding Criminal Law and Civil Law. Federal Court.

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Presentation transcript:

The Judicial System-Two Tiers State Court System – Why would you end up here? – Both Systems hear cases regarding Criminal Law and Civil Law. Federal Court System – Why would you end up here? – Criminal Law: Person charged with breaking a law – Civil Law: Concerns disputes between two parties/people

The Judicial System-Criminal Case Jurisdiction State Court System – State Crimes: Shoplifting Murder Assault and Battery 95% of crimes are state crimes WHAT IS THE DIFFERENCE? WHY DOES A CASE GO TO ONE SYSTEM INSTEAD OF OTHER? Federal Court System – Federal Crimes: Kidnapping Counterfeiting Bank Robbery

The Judicial System-Civil Case Jurisdiction State Court System – State Civil Issues: Small Claims Lawsuit Child Custody Cases Divorce Property Disputes WHAT IS THE DIFFERENCE? WHY DOES A CASE GO TO ONE SYSTEM INSTEAD OF OTHER? Federal Court System – Federal Civil Issues: Constitutional Violation Free Speech Restrictions Cruel Punishment Arguments Discrimination Issues

FIRST LEVEL COURTS State System – County Courts – Court of Original Jurisdiction: THIS IS WHERE A CASE STARTS IN THE STATE SYSTEM – Jury will hear case Federal System – U.S. District Court – Min. 1 per state, 94 total – ILL has 3 different District Courts to serve our population – Court of Orig. Jurisd. – Only jury court in federal system

Level Two Courts: If you lose at lower level-2 nd Step Options State System – State Courts of Appeal – Hear cases of Appellate Jurisdiction:THEY ONLY CAN HEAR A CASE AFTER SOMEBODY ELSE HAS HEARD IT Federal System – U.S. Courts of Appeal – 12 total “Circuits” in USA – Have only App. Jurisd. – Judges hear case in groups of 3-5 at a time – “En Banc” sometimes

Level Three Courts State System – State Supreme Court – Highest Court in state – Court with Appellate Jurisdiction Federal System – U.S. Supreme Court – Has App. Jurisd, Orig. Jurisd and Final Jurisd. – Original Jurisdiction Case Ex’s: Foreign Diplomats or State v. State cases – Only hears cases with broad implications of the law/constitution