1. Federal and State Courts Systems
Chapter 13
Federal and State Courts Systems

2. The Role of the Judicial Branch
To interpret and define law
This involves hearing individual cases and deciding how the law should apply
Remember federalism – there are federal courts for federal law, and state courts for state laws!

3. Two basic types of Cases
1) Criminal Law
An individual is charged with violating a specific law and provides punishment for that law
Felony (penalty over 1 year jail time) and Misdemeanor (less than 1 year jail time)
98% heard in state and local level courts
2) Civil Law
Does not involve a charge of criminality; instead, it concerns a dispute between two parties and defines relationships between them
Examples: Divorce, Custody, Property, Contracts

4. Principles of Democracy in the Judiciary
Fairness-every person should have a free and equal opportunity to pursue individual goals and desires
Rule of Law- no individual, group, organization, or government entity is above the law

5. Principles of Democracy in the Judiciary(cont)
Accountability-power of the judicial branch is checked by the legislative and executive branches
Judicial Independence-courts must act impartially, and make fair decisions
Controls on Abuse of Power-courts are limited in the types of cases they can hear

6. Jurisdiction
Jurisdiction – the authority of a court to hear (try and decide on) a case
4 Types of Jurisdiction:
1) Exclusive Jurisdiction – only federal court has authority to hear, state court cannot

7. Jurisdiction (cont)
2) Concurrent Jurisdiction – federal or state court could hear
3) Original Jurisdiction – court is the first one to hear a case
4) Appellate Jurisdiction – court can only hear a case on appeal

8. Jurisdiction (cont) U.S. District Courts have original jurisdiction
The Court of Appeals has appellate jurisdiction
Supreme Court has both

9. The Adversarial System
The adversarial system is characterized by a set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge insures fairness and adherence to the rules.

10. The Inquisitorial System
The Inquisitorial system found in both Civil Law and Socialist Law countries is characterized by extensive pretrial investigation and interrogations that are designed to ensure that no innocent person is brought to trial; i.e., an official inquiry. A trial continues the investigative process with a procedurally active judiciary and passive lawyers.*
* Under Socialist Law, an agent of the police or prosecution takes the investigative role.

11. Adversarial and Inquisitorial Systems
Accusation
Judge as referee
Emphasis on trial stage and rules of procedure to ensure a fair trial.
Judiciary restricted in investigatory and adjudicatory process
Defendant is neither required nor expected to cooperate. Prosecutor is responsible for burden of proof.
Checks and balances among courtroom participants – shared power.
Inquisitorial
Inquiry
Judge as inquisitor
Emphasis on screening phase and factual guilt.
Judiciary directly involved
Defendant is expected (although not required) to cooperate during investigations and at trial.
Judge has the power to investigate and to decide outcome of the case.

12. Steps of a Trial
Judge enters the courtroom and provides introductory remarks to jury.
Opening statements for the plaintiff/prosecution and the defense.
Plaintiff’s/Prosecution’s direct examination of witness.
Bailiff/clerk opens the court session.
Closing arguments for the plaintiff/prosecution and the defense.
Plaintiff’s/Prosecution’s cross examination of witness for the defense.
Defense’s direct examination.
Defense’s cross examination of witness
for the plaintiff/prosecution.
These can be cut out and reassembled as a puzzle.
Plaintiff/prosecution gives rebuttal (optional).
Judge provides specific jury instructions prior to jury deliberation.
Jury deliberates and determines verdict.
Decision is announced. 12

13. The Sixth Amendment to the U.S. Constitution
Applies to all criminal prosecution
Guarantees the right to:
a speedy and public trial, by an impartial jury of the state and district where the crime was committed
Be informed of the nature and cause of the accusation
Be confronted with witnesses in his favor
Have the assistance of counsel for his defense
BUT the accused may choose to be tried before a judge only

14. What Is A Jury?
Jury- is a panel of everyday citizens that are summonsed by a court to determine the verdict of a case in which one of their peers from society is on trial.
Jury duty- is part of our responsibility as citizens & you are fined if you do not attend when you are called for duty.

15. What is the role of the jury?
Listen to and weigh up the evidence and arguments put by each side, with an impartial and unbiased mind
Listen to, and try to understand, the law as explained to them by the judge
Decide the facts of the case and apply the facts to the law to see if the case has been proved to the standard of proof
Reach a unanimous or majority verdict, and in most civil cases they decide the amount of damages

16. Right to Appeal The Constitution guarantees a right to appeal.
A defendant’s right to appeal, however, has been interpreted to mean the right to one appeal.
Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court.

17. Appeals
Appeals are requests by a defendant to a higher court asking it to review the actions of a lower court.
Some cases (involving death penalty or life sentences) are automatically appealed.
Appellate court reviews transcripts from lower trial courts and may allow both sides to make oral arguments.

18. Appeals: The Results Most convictions are confirmed.
Some decisions are reversed and cases remanded.
Recourse may be to a state supreme court.
Generally, state supreme court is the court of last resort.

19. Appeals: Moving to the Federal System
Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the
U. S. Constitution.

20. Supreme Court Opinions
Dissenting Opinion – written or signed by any justice who disagrees with the majority
It’s important because it can become the logic for a future group of justices to overturn this decision (losing side)

21. Supreme Court Opinions (cont)
Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why
If a justice has a conflict of interest
in a case, he/she may recuse
himself (stay off of the case)

22. Supreme Court Opinions (cont)
Majority Opinion - The document announcing and usually explaining the Supreme Court’s decision in a case
Unanimous - all justices vote the same way

23. How are decisions made?
precedent: a previous judicial decision that serves as a rule for settling subsequent (later) cases of a similar nature (becomes important cases for later reference)
stare decisis: in Court rulings, a reliance on precedents or past decisions to make a decision in the current case (let the law stand)

24. Types of Courts State Court
Each state has its own, independent judicial system.
Cannot be bound by the federal courts.
One state system cannot bind another court system.
State courts divided between trial courts and appellate courts.
Structurally, each is a bit different.
But, most have three levels.

25. Types of Courts (cont) Trail Court
State courts can hear any kind of case, unless a federal statute states otherwise.
Limited v. general jurisdiction.
Geographic: Usually by county.
One judge.
Parties = Plaintiff and defendant.

26. Types of Courts (cont) Intermediate Appellate Courts
Loser has an appeal as a right.
Three judges hear case.
Parties = appellant and appellee.
State Supreme Courts
May or may not have to hear the case.
Justices (odd number).

27. Judicial Selection in the States
Manner in which state court judges are selected varies not only from state to state, but also within states according to the type of court. Some similarities.
There are four methods for choosing state court judges.
Appointments by the governor
Election by the legislature
Popular election
By a combination of appointment election and popular election

28. The Federal Compromise Produces a Dual Court System

29. Federal Courts Federal court domain includes: Cases between states
Ambassadors
Federal law
U.S. Constitution
94 judicial districts

30. Appointment of Judges President nominates someone to become a judge
Senate majority
vote confirms
Remember – Senatorial Courtesy!
Judges serve for life

31. Other Federal Courts Military Commissions
Outside normal judicial system, rulings may be challenged in federal court
National Security Courts
Foreign Intelligence Surveillance Court reviews requests to spy on “agents of a foreign power” in U.S.
Alien Terrorist Removal Court reviews requests to remove suspected terrorists from U.S.
Washington, D.C., and Territorial Courts
Congress created trial and appellate courts in locations outside federal system

32. Other Federal Courts U.S. Court of International Trade
Hears cases involving laws and rules of international trade
U.S. Court of Federal Claims
Hears cases involving disputes over veterans’ benefits
U.S. Tax Court
Hears cases involving federal tax disputes
The Federal Circuit
Hears cases involving claims over $10,000 owed by U.S. government.
United States has sovereign immunity
In some circumstances the government can be sue
U.S. Court of Appeals for the Armed Forces
Hears cases involving appeals from courts-martial, or military courts