The American court system

The American court system
Class 2

A federal system of government
The U.S.A. has a federal system of government, with power shared between the (national) federal government and the 50 states

The division of power In the U.S. Constitution (1789) the original 13 states agreed to cede certain limited powers to the federal government product of history. original 13 states - former colonies –each had own systems of government, own laws and own independent court systems. In 1789, - agreed to join together and to cede certain limited powers to the federal government – generally those which had to be done at a national level, such as defence, or regulating commerce between the states. However, the states insisted on retaining sovereignty in all other areas. The federal gov only has the pwoers granted to it, the residual powers remain with the states and the people. So they retained their own court systems and authority for most criminal and private law. Most criminal and private law today is still state law.

The division of power In the U.S. Constitution (1789) the original 13 states agreed to cede certain limited powers to the federal government BUT state governments retained their own court systems authority for most criminal and private law product of history. original 13 states - former colonies –each had own systems of government, own laws and own independent court systems. In 1789, - agreed to join together and to cede certain limited powers to the federal government – generally those which had to be done at a national level, such as defence, or regulating commerce between the states. However, the states insisted on retaining sovereignty in all other areas. The federal gov only has the pwoers granted to it, the residual powers remain with the states and the people. So they retained their own court systems and authority for most criminal and private law. Most criminal and private law today is still state law. 4

A dual court system This division of powers also involved a division of judicial authority: This division of powers also involved a division of judicial authority – led to a dual court system. There were some federal laws, so a federal court system and federal judges were needed to deal with that. But there were still 50 different state court systems and 50 sets of state judges It may seem logical for federal courts to deal only with federal law and state courts only with state law… …BUT this is not the case. In fact there is some overlap between the two systems 5

A dual court system This division of powers also involved a division of judicial authority: Federal court system and federal judges This division of powers also involved a division of judicial authority – led to a dual court system. There were some federal laws, so a federal court system and federal judges were needed to deal with that. But there were still 50 different state court systems and 50 sets of state judges It may seem logical for federal courts to deal only with federal law and state courts only with state law… …BUT this is not the case. In fact there is some overlap between the two systems 6

A dual court system This division of powers also involved a division of judicial authority: Federal court system and federal judges 50 different state court systems and 50 sets of state judges This division of powers also involved a division of judicial authority – led to a dual court system. There were some federal laws, so a federal court system and federal judges were needed to deal with that. But there were still 50 different state court systems and 50 sets of state judges It may seem logical for federal courts to deal only with federal law and state courts only with state law… …BUT this is not the case. In fact there is some overlap between the two systems

A dual court system This division of powers also involved a division of judicial authority: There is some overlap between the two systems Federal court system and federal judges 50 different state court systems and 50 sets of state judges This division of powers also involved a division of judicial authority – led to a dual court system. There were some federal laws, so a federal court system and federal judges were needed to deal with that. But there were still 50 different state court systems and 50 sets of state judges It may seem logical for federal courts to deal only with federal law and state courts only with state law… …BUT this is not the case. In fact there is some overlap between the two systems 8

The federal court system
First we will consider the federal court system

What cases can federal courts hear?
We’re talking about – begins with J?

jurisdiction: the authority of a court to hear and decide cases What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases (=to adjudicate cases) , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Q3, Why do federal courts have limited jurisdiction – yes, because their powers are limited by the Constitution (and by congessional grant but don’t need to get into that) Article III of the U.S. Constitution defines the types of case which federal courts can hear: 4) Which criminal cases are heard by district courts? Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes 5) Which types of cases comprise the civil jurisdiction of federal courts? Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases 11

jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the two types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases 12

jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) They can only hear: Federal crimes What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the two types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes (=they must be heard in federal courts) Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases 13

jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) They can only hear: Federal crimes Cases in which the U.S. is a party What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the two types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases 14

jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) They can only hear: Federal crimes Cases in which the U.S. is a party Federal questions What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the two types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases 15

jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) They can only hear: Federal crimes Cases in which the U.S. is a party Federal questions “Diversity of citizenship” cases What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the two types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes – means that they can only be heard in federal courts. Cases in which the U.S. is a party – either as a plaintiff or a defendant – not always heard in a district court, depending on subject matter sometimes in other federal courts – but always in federal courts Federal questions Diversity of citizenship cases

Federal question jurisdiction
A federal question : a case involving a federal law, or a treaty, or the U.S. constitution It seems logical that these can be heard in federal courts Federal courts have exclusive jurisdiction over some federal matters including federal crimes, civil actions for patent infringement and copyright infringement, bankruptcy proceedings, some admiralty cases. BUT other federal question cases can also be heard in state courts. During the course we will see that in more detail. : admiralty, crimes created by federal statutes, civil actions for patent infringement and Sherman Act (anti-trust) violations Person bringing case chooses, defendant can remove to fed if doesn’t want state (bit not vice-versa) 17

A federal question : a case involving a federal law, or a treaty, or the U.S. constitution A federal question : a case involving a federal law, or a treaty, or the U.S. constitution It seems logical that these can be heard in federal courts Federal courts have exclusive jurisdiction over some federal matters including federal crimes, civil actions for patent infringement and copyright infringement, bankruptcy proceedings, some admiralty cases. BUT other federal question cases can also be heard in state courts. During the course we will see that in more detail. : admiralty, crimes created by federal statutes, civil actions for patent infringement and Sherman Act (anti-trust) violations Person bringing case chooses, defendant can remove to fed if doesn’t want state (bit not vice-versa)

A federal question : a case involving a federal law, or a treaty, or the U.S. constitution Federal courts have exclusive jurisdiction over some federal matters including civil actions for patent infringement . A federal question : a case involving a federal law, or a treaty, or the U.S. constitution It seems logical that these can be heard in federal courts Federal courts have exclusive jurisdiction over some federal matters including federal crimes, civil actions for patent infringement and copyright infringement, bankruptcy proceedings, some admiralty cases. BUT other federal question cases can also be heard in state courts. During the course we will see that in more detail. : admiralty, crimes created by federal statutes, civil actions for patent infringement and Sherman Act (anti-trust) violations Person bringing case chooses, defendant can remove to fed if doesn’t want state (bit not vice-versa) 19

A federal question : a case involving a federal law, or a treaty, or the U.S. constitution Federal courts have exclusive jurisdiction over some federal matters including civil actions for patent infringement . Some federal questions can also be heard in state courts ( = ………………… jurisdiction) A federal question : a case involving a federal law, or a treaty, or the U.S. constitution It seems logical that these can be heard in federal courts Federal courts have exclusive jurisdiction over some federal matters including federal crimes, civil actions for patent infringement and copyright infringement, bankruptcy proceedings, some admiralty cases. BUT other federal question cases can also be heard in state courts. During the course we will see that in more detail. : admiralty, crimes created by federal statutes, civil actions for patent infringement and Sherman Act (anti-trust) violations Person bringing case chooses, defendant can remove to fed if doesn’t want state (bit not vice-versa) 20

Diversity of citizenship jurisdiction
Federal courts can hear civil actions arising under state law, IF: . The second type of jurisdiction is “diversity of citizenship” jurisdiction Federal courts can also hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 Why? When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum Keep in mind, federal courts can hear these cases, but they can also be heard in state courts 21

Federal courts can hear civil actions arising under state law, IF: The parties are citizens of different states, AND . The second type of jurisdiction is “diversity of citizenship” jurisdiction Federal courts can also hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 Why? When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum Keep in mind, federal courts can hear these cases, but they can also be heard in state courts

Federal courts can hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 The second type of jurisdiction is “diversity of citizenship” jurisdiction Federal courts can also hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 Why? When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum Keep in mind, federal courts can hear these cases, but they can also be heard in state courts 23

Federal courts can hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 State courts have concurrent jurisdiction for these cases. The second type of jurisdiction is “diversity of citizenship” jurisdiction Federal courts can also hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 Why? When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum Keep in mind, federal courts can hear these cases, but they can also be heard in state courts 24

Concurrent jurisdiction
Occurs in Diversity of citizenship cases All federal questions which are not part of the exclusive federal jurisdiction

The plaintiff chooses whether to file a complaint in the state or federal courts Occurs in Diversity of citizenship cases All federal questions which are not part of the exclusive federal jurisdiction

The plaintiff chooses whether to file a complaint in the state or federal courts If he files in state court; the defendant can have the case removed to the federal court Occurs in Diversity of citizenship cases All federal questions which are not part of the exclusive federal jurisdiction

Federal courts - levels
United States Supreme Court United States Court of Appeals United States District Courts So that is the jurisdiction, but what about the structure of the federal courts. There are three levels. The courts are arranged hierarchically and litigants who are dissatisfied with lower court decisions can appeal to higher courts. At the bottom are the United States District Courts.

U.S. District Courts Deal with criminal and civil cases at first instance Trial courts – 94 of them around the United States and its territories They deal with both criminal and civil cases at first instance = courts of original jurisdiction. Parties: United states v defendant (crim) Plaintiff v defendant (civil) In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury 29

U.S. District Courts Deal with criminal and civil cases at first instance Parties: U.S. v defendant OR plaintiff v defendant Trial courts – 94 of them around the United States and its territories They deal with both criminal and civil cases at first instance = courts of original jurisdiction. Parties: United states v defendant (crim) Plaintiff v defendant (civil) In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury 30

U.S. District Courts Deal with criminal and civil cases at first instance Parties: U.S. v defendant OR plaintiff v defendant Trial may be by a judge sitting alone, or a judge and jury Trial courts – 94 of them around the United States and its territories They deal with both criminal and civil cases at first instance = courts of original jurisdiction. Parties: United states v defendant (crim) Plaintiff v defendant (civil) In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury 31

United States Supreme Court United States Courts of Appeals United States District Courts The next level up is the United States Court of Appeals – note whenever US in front that means it is a federal court

U.S. Courts of Appeals The party who loses in a U.S. District Court has the right to make an appeal.* The party who loses in a U.S. District Court has an AUTOMATIC right to an appeal – EXCEPT the prosecutor in a criminal case. Automatic RIGHT NOT an automatic appeal! 13 U.S. Courts of Appeals, each of which covers a circuit: 12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states of xxx, each of those states is divided into districts One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters Also review decisions of some federal administrative agencies 33

U.S. Courts of Appeals The party who loses in a U.S. District Court has the right to make an appeal.* 13 U.S. Courts of Appeals, each of which covers a circuit (e.g. the U.S. Court of Appeals for the Eleventh Circuit) The party who loses in a U.S. District Court has an AUTOMATIC right to an appeal – EXCEPT the prosecutor in a criminal case. Automatic RIGHT NOT an automatic appeal! 13 U.S. Courts of Appeals, each of which covers a circuit: 12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states of xxx, each of those states is divided into districts One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters Also review decisions of some federal administrative agencies 34

U.S. Courts of Appeals The party who loses in a U.S. District Court has the right to make an appeal.* 13 U.S. Courts of Appeals, each of which covers a circuit (e.g. the U.S. Court of Appeals for the Eleventh Circuit) The party who loses in a U.S. District Court has an AUTOMATIC right to an appeal – EXCEPT the prosecutor in a criminal case. Automatic RIGHT NOT an automatic appeal! 13 U.S. Courts of Appeals, each of which covers a circuit: 12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states of xxx, each of those states is divided into districts One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters Also review decisions of some federal administrative agencies 35

U.S. Courts of Appeals Parties: appellant v appellee or respondent
Appeals are usually heard by a panel of three judges who hear legal arguments from the attorneys. There are no trials in appeal courts No jury. No new evidence/no witnesses. 36

U.S. Courts of Appeals Parties: appellant v appellee or respondent
Appeals are usually heard by a panel of three judges who hear legal arguments only. Appeals are usually heard by a panel of three judges who hear legal arguments from the attorneys. There are no trials in appeal courts No jury. No new evidence/no witnesses. 37

U.S. Courts of Appeals The Court may: affirm The Court may:
affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 38

U.S. Courts of Appeals The Court may:
affirm = agree with the decision of the lower court. The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 39

affirm = agree with the decision of the lower court. reverse The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 40

affirm = agree with the decision of the lower court. reverse = disagree with the decision of the lower court. The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 41

affirm = agree with the decision of the lower court. reverse = disagree with the decision of the lower court. remand The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 42

affirm = agree with the decision of the lower court. reverse = disagree with the decision of the lower court. remand = send a case back to the lower court for further proceedings , e.g. retrial or resentencing The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court? 43

affirm = agree with the decision of the lower court. reverse = disagree with the decision of the lower court. remand = send a case back to the lower court for further proceedings , e.g. retrial or resentencing What happens to the party who loses in the appellate court? The Court may: affirm = agree with the decision of the trial court. reverse = disagree with the decision of the trial court. If reverse may subtitute a decision or remand = send back to the trial court for further proceedings , for either retrial or resentencing. (probably with some instructions). BUT - What happens to the party who loses in the appellate court?

United States Supreme Court United States Court of Appeals United States District Courts He might be able to appeal to the US Supreme Court

U.S. Supreme Court The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. There are 9 justices and 4 of them must agree that the case should be heard – rule of 4 How do they choose? Generally they choose cases of national importance. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law or there is a conflict between state court and Supreme Court precedent. Under the system of precedent, courts are bound by: higher courts. US CA are all at the same level so they do not bind each other, though they do take into account the decisions of other CoA – but for instance at the moment for example, the *** USSC is to make the interpretation of federal law uniform across the country so if there is this type of conflict, it is their role to adjudicate. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal 46

U.S. Supreme Court The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court. The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. There are 9 justices and 4 of them must agree that the case should be heard – rule of 4 How do they choose? Generally they choose cases of national importance. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law or there is a conflict between state court and Supreme Court precedent. Under the system of precedent, courts are bound by: higher courts. US CA are all at the same level so they do not bind each other, though they do take into account the decisions of other CoA – but for instance at the moment for example, the *** USSC is to make the interpretation of federal law uniform across the country so if there is this type of conflict, it is their role to adjudicate. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal 47

U.S. Supreme Court The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court. If “cert.” is granted, nine Supreme Court Justices hear the appeal. The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. There are 9 justices and 4 of them must agree that the case should be heard – rule of 4 How do they choose? Generally they choose cases of national importance. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law or there is a conflict between state court and Supreme Court precedent. Under the system of precedent, courts are bound by: higher courts. US CA are all at the same level so they do not bind each other, though they do take into account the decisions of other CoA – but for instance at the moment for example, the *** USSC is to make the interpretation of federal law uniform across the country so if there is this type of conflict, it is their role to adjudicate. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal

U.S. Supreme Court The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court. If “cert.” is granted, nine Supreme Court Justices hear the appeal. Parties: petitioner v respondent The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. There are 9 justices and 4 of them must agree that the case should be heard – rule of 4 How do they choose? Generally they choose cases of national importance. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law or there is a conflict between state court and Supreme Court precedent. Under the system of precedent, courts are bound by: higher courts. US CA are all at the same level so they do not bind each other, though they do take into account the decisions of other CoA – but for instance at the moment for example, the *** USSC is to make the interpretation of federal law uniform across the country so if there is this type of conflict, it is their role to adjudicate. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal 49

U.S. Supreme Court The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court. If “cert.” is granted, nine Supreme Court Justices hear the appeal. Parties: petitioner v respondent The Supreme Court is the court of last resort in all questions of federal law and the U.S. Constitution The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. There are 9 justices and 4 of them must agree that the case should be heard – rule of 4 How do they choose? Generally they choose cases of national importance. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law or there is a conflict between state court and Supreme Court precedent. Under the system of precedent, courts are bound by: higher courts. US CA are all at the same level so they do not bind each other, though they do take into account the decisions of other CoA – but for instance at the moment for example, the *** USSC is to make the interpretation of federal law uniform across the country so if there is this type of conflict, it is their role to adjudicate. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal 50

U.S. Supreme Court - restrictions

Only cases and controversies, (=no advisory opinions)

Only cases and controversies, (=no advisory opinions) The federal question must be substantial

Other federal courts Those are the main federal courts, there are others which you can see on this diagram. These are courts with more specialized jursidiction to hear specific types of cases. There is no special system of administrative courts. There are many federal departments and agencies which have tribunals as part of their structure. However, these are not courts in the full constitutional sense, and their decisions may be challenged in ordinary civil courts

State Courts Each state has its own, independent judicial system.
Structurally, each is slightly different – some are very complex – lots of levels – Georgia (11 types of court) , some are simpler – California has 3 levels, like federal system

State courts - levels Highest state court
Intermediate appellate courts Trial courts of general jurisdiction At the bottom of the hierarchy are the trial courts In trial courts of general jurisdiction, a judge hears both criminal and civil trials. The judge may be accompanied by a jury These have lots of different names depending on the state – they can be called distrct courts, Supreme Courts (New York), circuit courts, courts of common please or something completely different depending on the state. This means that when you are reading a case, you must be careful – look at the name of the court, and if US or United States is in front of it. These hear civil and criminal cases. Cases are heard by a judge, and there may be a jury. These are courts of general jurisdiction. - they can hear any kind of case, including federal questions (apart from those which are part of the exclusive federal jurisdiction) and diversity cases. In some states there are also trial courts of limited jurisdiction (less serious criminal cases, family courts, can include the courts if inferior jurisdiction such as traffic courts, etc.) Trial courts of limited jurisdiction

Intermediate appellate courts Trial courts of general jurisdiction Not all states have intermediate appellate courts, but many do. Where they exist, in general, the losing party can appeal as a matter of right and these courts handle most routine appeals A panel of two or three judges hear legal arguments. As in the federal Courts of Appeals there is no jury, and no new evidence. Trial courts of limited jurisdiction

Intermediate appellate courts Trial courts of general jurisdiction Trial courts of limited jurisdiction

Highest state court Often appeal to the highest state court is discretionary Often appeal to the highest court is discretionary – generally there is no automatic right of appeal This is the court of last resort on questions of the construction of the laws and constitution of the state However, the U.S. Supreme Court can review a decision of the highest state court if it pertains to a federal question. This requires the losing party to file a petition for a writ of certiorari to the US Supreme Court

Highest state court Often appeal to the highest state court is discretionary This is the court of last resort on questions of the construction of state laws and the state constitution Often appeal to the highest court is discretionary – generally there is no automatic right of appeal This is the court of last resort on questions of the construction of the laws and constitution of the state However, the U.S. Supreme Court can review a decision of the highest state court if it pertains to a federal question. This requires the losing party to file a petition for a writ of certiorari to the US Supreme Court 60

Highest state court Often appeal to the highest state court is discretionary This is the court of last resort on questions of the construction of state laws and the state constitution However, the U.S. Supreme Court can review a decision of the highest state court if it pertains to a federal question. Often appeal to the highest court is discretionary – generally there is no automatic right of appeal This is the court of last resort on questions of the construction of the laws and constitution of the state However, the U.S. Supreme Court can review a decision of the highest state court if it pertains to a federal question. This requires the losing party to file a petition for a writ of certiorari to the US Supreme Court 61

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