1. State and Federal Courts
The Dual Court System
State and Federal Courts

2. The Constitution Art III, Sec. 2: Federal Judiciary
“Trial of all crimes… shall be by jury…defendant has the right to confront opposing witnesses… Supreme court will settle disputes between the states… Congress establishes all other courts as necessary”

3. Bill of Rights: Guarantees
6th Amendment: the right to a speedy and public trial, an impartial jury, to confront witnesses, and to have consul for defense
7th Amendment: the right to a trial by jury in civil cases at the federal level

4. The Dual Court System
State/ Local
Federal
Trial
Appellate

6. The Dual Court System Federal Break a federal law
Drugs- 29% of all federal cases
Constitutional issues
Politics, rights (ex: desegregation), etc.
People of/ Between two states (or countries)
Greater than $75,000
Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc.
Small part of American judicial system
Plays a limited role in justice

7. Dual Court System State Break a state/ local law Less than $75,000
Most crimes are a violation of state law
Most cases are routine with little dispute of fact or law
Most end in a guilty plea before trial
Pleas are 90% of all criminal convictions
Less than $75,000
Most court cases are civil

8. Dual Court System Courts of limited jurisdiction
Inferior courts
traffic (majority), small claims, misdemeanor…
Courts of general jurisdiction
Superior courts- major trial courts
Civil cases dominate court dockets
Personal injury, probate/ estate, domestic (largest)