1. The Courts – State Court System Objective: Compare the structure of a typical state court with the structure of the federal courts Identify typical state courts of specialized jurisdiction Bellwork: What is the different between a federal court and a state court?

2.  The state legal system is similar to the federal  The state legislature makes the laws, the state executive branch enforces the laws in the courts of the state judicial branch.  The courts general jurisdiction is organized into three tiers.  The bottom tier is a geographically based trial-court system.  An appellate layer is next  Trial and appellate courts are controlled by a state supreme court as the ultimate level of appeal.

3. (only in populous states) State Supreme Court Intermediate Court of Appeals Trial CourtFamily Court Juvenile Court Municipal Court Probate Court Criminal Court Small Claims Court http://www.courtstatistics.org/Other- Pages/State_Court_Structure_Charts/Nebraska.aspx

4.  A court of record keeps an exact account of what goes on at trial.  The accuracy of this account is vital, as any appeal depends on this record.  The record may include a transcript of what was said, the evidence submitted, statements and determinations of the court officials, and the judgement of the court.

5.  In most states trial courts are known as circuit courts.  In some states they may be called superior courts, district courts, or courts of common please.  Nebraska uses the term District Court  These are the courts of record in the state system. Sometimes state trial courts handle appeals from courts of more specialized jurisdiction under them.  In Nebraska this would be Juvenile Court, County Court, and Workers Compensation Court

6.  The state trail court has original jurisdiction over the cases before it.  It therefore makes determinations of the facts in the case by using a jury.  If a jury is not requested for the case, the presiding judge will determine the facts.  The court of record will then select and apply the law to the facts to reach a verdict in the case.

7.  Typically, an appeal in a court of record is reviewed by a panel of judges in a state court of appeals. (Usually no more than 3)  The panel considers the record and the attorney’s oral and written arguments.  NO NEW EVIDENCE can be submitted, evidence can only be introduced at the trail court level.

8.  The judges check to be sure that the correct law was used to resolve the case and that the factual findings of the judge or jury are supported by the evidence.  If the court of appeals finds this was NOT the case, they may enter a judgement using what they consider to be the correct law or facts.  The appeals court may also send the case back down for a new trial.  Finally, the appeals court may find everything was done correctly, in this case the judgement would stand.

9.  Justice is the title given to the judges who sit on the Supreme Court (both federal and state level)  At the state supreme court level a panel of three or more justices review the legal issues and listen to oral arguments.  The State Supreme Court issues the final decision on matters of law appealed to them unless the US Constitution or other federal issues are involved then it could go to the US Supreme Court.  In many states the supreme court also has original jurisdiction over state impeachment cases.

10. ASSOCIATE CIRCUIT COURTS  In Nebraska these are called County Courts.  These courts hear minor criminal cases, state traffic offenses, and lawsuits in which a small amount is involved.  These are generally NOT courts of record, however they take the burden off the higher court.  The court of record would be the Circuit or District Court CITY OR MUNICIPAL COURTS  Cities typically have courts that administer their ordinances.  These municipal courts are usually divided into traffic and criminal divisions.  Since city ordinances generally overlap with duplicate state laws, less serious violations are brought to municipal court for their first trial, which can then be appealed to the Circuit or District Court.

11. SMALL CLAIMS COURT  Minor suits would often not be heard without small claims court.  These courts handle disputes in which small amounts (generally $2,500, in Nebraska $3,600)  Attorney are not required, the judge decides the case, no jury.  Decisions CAN still be appealed to Circuit or District Court. PROBATE COURTS  Courts that administer wills and estates are called probate courts.  When individuals die, their property and other interests must be divided according to their wishes and the appropriate laws.  This is a formal and complex procedure.

12.  Juveniles (typically those under age 18) our society typically feels should not be held responsible as adults for their criminal acts.  The emphasis in juvenile court is rehabilitation not punishment.  The juvenile has full constitutional rights, including the right to an attorney.  The court ensures that most cases do NOT become public knowledge.  Court is closed to the public and the record is sealed.  If rehabilitation fails or is impossible, the juvenile can be tried and punished as an adult.  Typically a very serious charge such as murder.  Appeals from Juvenile Court are directed to the Circuit or District Court.