SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 A Dual Court System Section 2.2 Trial Procedures 2 unit.

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Presentation transcript:

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 A Dual Court System Section 2.2 Trial Procedures 2 unit unit The Court System

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO What You’ll Learn How to determine a court’s jurisdiction (pp ) How to explain the structure of the federal court system (p. 28)

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO What You’ll Learn How to explain the role of the United States Supreme Court (p. 30) How to explain the structure of the state court system (p. 30)

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO What You’ll Learn How to describe the difference between a juvenile who is unruly and one who is delinquent (p. 31)

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Why It’s Important Learning the structure of the court systems in the United States will help you understand how the legal system works.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Legal Terms jurisdiction (p. 28) diversity of citizenship (p.28) original jurisdiction (p. 28) appellate court (p. 29) intermediate court (p. 29) appellate jurisdiction (p. 29)

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Legal Terms limited jurisdiction (p. 30) general jurisdiction (p. 31) delinquent child (p. 31) unruly child (p. 31) neglected or abused child (p. 32)

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System District Courts Courts of Appeals Special U.S. Courts Supreme Court Section Outline

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO State Court Systems Local Trial Courts General Trial Courts Special Courts Intermediate Appellate Courts Supreme Courts Section Outline

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Pre-Learning Question Over which types of cases does the federal court system have jurisdiction?

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Federal courts hear cases involving Federal matters Matters involving diversity of citizenship

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Federal courts have jurisdiction over: Actions in which the United States or one state is a party, except those actions between a state and its citizens. Cases that raise a federal question, such as interpreting the Constitution.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Federal courts have jurisdiction over: Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in dispute exceeds $75,000. Admiralty cases, or those pertaining to the sea.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Federal courts have jurisdiction over: Patent and copyright cases. Bankruptcy cases.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO The Federal Court System Federal courts are arranged in three steps, or tiers: U.S district courts U.S. courts of appeals The U.S. Supreme Court

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO District Courts District courts have original jurisdiction over most federal court cases. Original jurisdiction means trying a case the first time it is heard.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Courts of Appeals The U.S. courts of appeals are also called appellate courts. They are intermediate courts, courts between lower courts and the highest court. They hear appeals and review cases from lower courts.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Courts of Appeals They have appellate jurisdiction, meaning that any party to a suit decided in a federal district court may appeal to the federal court of appeals in the circuit where the case was tried.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Special U.S. Courts Congress has established several special federal courts that have jurisdiction in cases, including: Suits brought by citizens against the federal government.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Special U.S. Courts Disagreements over taxes on imported goods. Disputes between taxpayers and the Internal Revenue Service.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Supreme Court Is the highest court in the land. Has original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Supreme Court Must hear all cases that involve the constitutionality of the federal law. Also decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO What does jurisdiction mean?

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO ANSWER ANSWER The power and authority given to a court to hear a case and to make a judgment.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Pre-Learning Question Do all states have the same court system?

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO State Court Systems Each state has its own court system. However, the general pattern is the same in all states. Local trial courts General trial courts

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO State Court Systems Special courts Intermediate appellate courts Supreme courts

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Local Trial Courts Local courts are courts of limited jurisdiction. Limited jurisdiction means they handle minor matters, such as misdemeanors and civil actions involving small amounts of money.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO General Trial Courts Each county in most states has at least one general trial court. It has general jurisdiction. All cases involving major crimes and large amounts of money must begin in one of these courts.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Special Courts Courts have been established in many states to handle specialized cases. Domestic relations courts handle divorce, annulment, and dissolution proceedings. Juvenile courts have jurisdiction over delinquent, unruly, abused, or neglected children.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Juvenile Courts A delinquent child is a minor who has committed an adult crime. An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Juvenile Courts A neglected or abused child is one who is homeless, destitute, or without adequate parental care. He or she may become a ward of the state.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Supreme Courts The highest court in most states is known as the supreme court. Typically these courts decide matters of law appealed from lower courts.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO 2.1 Court Systems in the United States U.S. Supreme Court U.S. Court of Appeals U.S. Court of Appeals U.S. District Courts Appellate Courts General Trial Courts Lower Trial Courts State Supreme Courts

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned 1. 1.What are the differences among original, appellate, limited and general jurisdiction? Section 2.1 Assessment

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Original: district courts have authority to try a case the first time it is heard. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Appellate: any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned General: general trial courts handle the major civil and criminal cases in each state. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned 2. 2.How are the federal courts structured? Section 2.1 Assessment

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Three tiers: Section 2.1 Assessment Answer U.S. district courts; U.S. courts of appeals; U.S. Supreme Court

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned 3. 3.What is the role of the United States Supreme Court? Section 2.1 Assessment

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned The Supreme Court is the highest court with both original and appellate jurisdiction. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned 4. 4.How are most state courts structured? Section 2.1 Assessment

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Tiers of local trial courts, general trial courts, intermediate appellate courts, and supreme courts. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned 5. 5.Explain the differences among unruly, delinquent, and abused or neglected juveniles. Section 2.1 Assessment

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Unruly: minor who has committed an act that would not be a crime if an adult did it. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Delinquent: minor who has committed an act that would be a crime if an adult did it. Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Reviewing What You Learned Neglected/abused: homeless, destitute, or without adequate parental care Section 2.1 Assessment Answer

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 Assessment Critical Thinking Activity Juvenile Law Why is it important to be able to distinguish among unruly, delinquent, and abused or neglected juveniles?

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 Assessment Answers could suggest that crimes committed by an unruly child are not as serious as those committed by delinquents and need a lesser punishment. Abused children may be treated with leniency. Critical Thinking Activity Answer Juvenile Law

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 Assessment Legal Skills in Action Structure of the Court System Your 30-year-old brother says he has no faith in the legal system, and for that reason, will never sue anyone.

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 Assessment With a partner, role-play a response to your brother’s argument. Explain why understanding the structure of the federal court system might benefit him, even if he never intends to be a plaintiff in a lawsuit. Legal Skills in Action Structure of the Court System

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 Assessment Role-plays will vary, but should demonstrate an understanding of the federal court system. Legal Skills in Action Answer Structure of the Court System