The American Court System A basic structural primer.

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Presentation transcript:

The American Court System A basic structural primer

“Jurisdiction” State v. Federal State – control over issues of state law Federal – control over issues of federal law Original v. Appellate Original – where a case originates, the court of origin Appellate – power to hear legal disputes arising from courts of original jurisdiction

Basic Structure SCOTUS State Court of Last Resort (usually Supreme Court) State Appellate Court State Trial Courts (District Courts) United States Courts of Appeals (Circuit Courts) U.S. District Courts (including special purpose courts)

Trial Courts or District Courts MN District courts – spread out around the state 289 judges United States District Courts – 94 District courts (at least one per state, and one in each territory) Judges Courts of original jurisdiction – decide facts of cases based on court testimony, apply laws to those facts

Appellate Courts MN Court of Appeals 3-judge panels 19 appellate judges Federal Circuit Courts of AppealsAppeals 11 geographic circuits, D.C. circuit, Court of Appeals for the Federal Circuit (13 total) 179 federal appellate judges (approximation) Primarily consider legal arguments – facts are established, looking for legal errors/issues Generally applying prior precedent

Supreme Court (page 1) Minnesota Supreme Court 7 Justices Choose cases, generally most important (rule of 3) Based on legal issues, facts are established In MN, MUST hear all 1 st degree murder appeals Supreme Court of the United States 9 Justices Choose cases very carefully – Certiorari process (rule of 4) Generally only most important legal issues are accepted

Supreme Court (conclusion) Minnesota Attorneys submit briefs outlining legal arguments Oral arguments – 35 minutes for appellant, 25 for respondent Justices deliberate and decide in private, one justice writes court opinion – usually within 3-5 months Opinions outline legal decision and set precedent SCOTUS Attorneys submit briefs Oral argument normally lasts one hour, evenly divided Justices deliberate and decide in private, one justice is assigned to write opinion – can be released any time, but normally come at the end of the term ~June Opinions outline legal decision and set precedent