1. THE NATURE OF THE JUDICIAL SYSTEM The judicial system in the United States is an adversarial one in which the courts provide an arena for two parties to bring their conflict before an impartial arbiter (a judge). The judicial system in the United States is an adversarial one in which the courts provide an arena for two parties to bring their conflict before an impartial arbiter (a judge). The system is based on the theory that justice will emerge out of the struggle between two contending points of view. The system is based on the theory that justice will emerge out of the struggle between two contending points of view.

2. THE NATURE OF THE JUDICIAL SYSTEM There are two basic kinds of cases: criminal and civil. In criminal law, an individual is charged with violating a specific law; criminal law provides punishment for crimes against society (or public order). Civil law does not involve a charge of criminality; it concerns a dispute between two parties and defines relationships between them. The vast majority of cases (both civil and criminal) involve state law and are tried in state courts.

3. THE NATURE OF THE JUDICIAL SYSTEM Every case is a dispute between a plaintiff and a defendant—the former bringing some charge against the latter. The task of the judge or judges is to apply the law to the case Litigants (the plaintiff and the defendant) must have standing to sue (in a civil case), which means they must have a serious interest in the case.

4. THE NATURE OF THE JUDICIAL SYSTEM Class action suits permit a small number of people to sue on behalf of all other people similarly situated. Because they recognize the courts’ ability to shape policy, interest groups often seek out litigants whose cases seem particularly strong. At other times groups do not directly argue the case for litigants, but support them instead with amicus curiae ("friend of the court") briefs that attempt to influence the Court’s decision.

5. THE NATURE OF THE JUDICIAL SYSTEM There are limitations on cases that federal courts will hear. Federal judges are restricted by the Constitution to deciding "cases or controversies." Two parties must bring a case to them (a case involving an actual dispute rather than a hypothetical question). Courts may decide only justiciable disputes, which means that conflicts must be capable of being settled by legal methods.

6. THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM The Constitution is vague about the federal court system. Aside from specifying that there will be a Supreme Court, the Constitution left it to Congress' discretion to establish lower federal courts of general jurisdiction. In the Judiciary Act of 1789, Congress created a system of constitutional courts on the basis of this constitutional provision. The basic judicial structure has been modified several times. At the present time, there are: 12 federal courts of appeal 94 federal district courts thousands of state and local courts

7. Federal vs. State Courts - Key Differences Establishment of State and Federal Courts Establishment of State and Federal Courts State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities). State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities). Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress. Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.

8. Jurisdiction of State and Federal Courts The differences between federal and state courts are defined mainly by jurisdiction. The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.Jurisdiction refers to the kinds of cases a court is authorized to hear. State courts have broad jurisdiction, so the cases citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. State courts have broad jurisdiction, so the cases citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts.

9. Jurisdiction of State and Federal Courts Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear: Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear: Cases in which the United States is a partyCases in which the United States is a party Cases involving violations of the U.S. Constitution or federal lawsCases involving violations of the U.S. Constitution or federal laws Cases between citizens of different states (in civil cases the amount in controversy must exceed $50,000)Cases between citizens of different states (in civil cases the amount in controversy must exceed $50,000) Bankruptcy, copyright, patent, and maritime law cases.Bankruptcy, copyright, patent, and maritime law cases.

10. Jurisdiction of State and Federal Courts In some cases, both federal and state courts have jurisdiction. This allows parties to choose whether to go to state court or to federal court. In some cases, both federal and state courts have jurisdiction. This allows parties to choose whether to go to state court or to federal court.

11. Federal vs. State Courts - Key Differences Most criminal cases involve violations of state law and are tried in state court, but criminal cases involving federal laws can be tried only in federal court. Most criminal cases involve violations of state law and are tried in state court, but criminal cases involving federal laws can be tried only in federal court. For example, robbery is a crime, but what law says it is a crime? By and large, state laws, not federal laws, make robbery a crime. For example, robbery is a crime, but what law says it is a crime? By and large, state laws, not federal laws, make robbery a crime. There are only a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency.There are only a few federal laws about robbery, such as the law that makes it a federal crime to rob a bank whose deposits are insured by a federal agency. Examples of other federal crimes are bringing illegal drugs into the country or across state lines, and use of the U.S. mails to swindle consumers. Examples of other federal crimes are bringing illegal drugs into the country or across state lines, and use of the U.S. mails to swindle consumers. Crimes committed on federal property (such as national parks or military reservations) are also prosecuted in federal court. Crimes committed on federal property (such as national parks or military reservations) are also prosecuted in federal court.

12. State Laws and the Federal Constitution Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Suppose a state law forbids slaughtering animals outside of certain limited areas.Suppose a state law forbids slaughtering animals outside of certain limited areas. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom.

13. Where is a Murder Case Tried? It depends. It depends. For the United States, there are number of different possibilities depending on who is involved and how the crime is committed. For the United States, there are number of different possibilities depending on who is involved and how the crime is committed. Most often, murder would be tried in a state criminal court, but if the defendant is a juvenile, it may be tried in juvenile court; if the defendant is in the military, it may be tried in a military court. Most often, murder would be tried in a state criminal court, but if the defendant is a juvenile, it may be tried in juvenile court; if the defendant is in the military, it may be tried in a military court. If the victim is any of a number of government officials, it becomes a federal case. In this instance, or if the crime was committed as part of another federal crime, the case would appear before a federal court. If the victim is any of a number of government officials, it becomes a federal case. In this instance, or if the crime was committed as part of another federal crime, the case would appear before a federal court.

14. Cases Filed Annually: Cases Filed Annually: State Courts: 30,000,000 cases filed Federal Courts: 1,000,000 cases filed State Courts: 30,000,000 cases filed Federal Courts: 1,000,000 cases filed

15. Types of Law Statutory Law Statutory Law Common Law Common Law Equity Law Equity Law Constitutional Law Constitutional Law Admirality and Maritime Law Admirality and Maritime Law Administrative Law Administrative Law Criminal Law Criminal Law Civil Law Civil Law See handout for detailsSee handout for details