Types of Courts

Unit A Objective 2.01

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Dual Court System

Federal Court System

State Court System

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Federal Court System

Derives from Article III of US Constitution Governs over cases concerning federal

matters Governs over cases concerning diversity of

citizenship There are 13 judicial courts There are 95 federal district courts

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Authority to hear a case and make a decision

Jurisdiction

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Federal Jurisdiction

Actions in which the U.S. is a party

Cases that raise a federal question

Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states

Admiralty, Patents, Copyrights, and Bankruptcy Cases

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Federal Court System

US Supreme Court Highest court Has both Original and Appellate Jurisdiction

Original jurisdiction Ambassadors, public ministers, cases in which the state

is a party Appellate jurisdiction

Vote of four out of nine justices

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US Court of Appeals Appellate jurisdiction

Authority of court to review a decision of a lower court or administrative agency

Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases

Appellate courts decide whether the lower courts relevant to the law in the case

Hears Case from the US District Court

Federal Court System

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US District Courts Original Jurisdiction

Power to hear the case in full for the first time Both civil and criminal cases are heard Currently 95 District Courts

Federal Court System

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Special US Courts Jurisdiction over special cases

Suits by citizens against federal government Suits concerning tax disagreements on imported

goods Suits between taxpayers and IRS

Federal Court System

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State Court System

Each state has its own system Local Trial Courts

Limited jurisdiction Authority of a court to hear only one particular

type of case, minor matters Misdemeanors Civil actions with small amounts of money Small claims of property damage Petty cash crimes Traffic, police, and municipal courts Juvenile and family disputes

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General Trial Courts General jurisdiction

Authority of a court to hear a wide range of cases Types of courts

County Court Superior Court Court of Common Pleas Circuit Courts Criminal and Civil Cases Court

State Court System

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Special Courts Limited jurisdiction

Authority of a court to hear only one particular type of case

Court Cases include: Probate Cases – cases involving property of deceased

persons without a will Adoption Cases Traffic Cases Domestic Relations Cases – cases of abuse between family

or household members Juvenile Cases – cases involving delinquent, unruly,

abused, or neglected children (Cases are heard in Juvenile Courts)

State Court System

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Civil Trial Procedures

Individual files complaint Complaint – Legal document containing a short

and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases

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Civil Trial Procedures

Civil Trial Pleadings

Plaintiff files complaint Clerk issues summons Defendant must answer within time limit

Answer is a formal written document admitting or denying complaint

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Methods of Discovery Bring out facts before a trial Examples:

Deposition, interrogation, request for admission Affidavit - documentary evidence

Pretrial Hearing Informal hearing to simplify issues and discuss

matters

Civil Trial Procedures

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Steps to a Trial Select a jury Opening statements

Plaintiff presents evidence Real evidence is photographs, actual objects, etc. Witnesses testify Failure to appear will result in a contempt of court

order Defense presents evidence

Civil Trial Procedures

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Steps to a Trial (continued) Closing Arguments

Same order

Instructions to Jury Statement made by the judge

Verdict Judgment Execution of Judgment

Civil Trial Procedures

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Criminal Trial Procedures

Arrest of Defendant Rights of Defendant

Miranda - constitutional right Bail - Lose money if you don’t appear

Search and Seizure Must have warrant or permission Allowed limited search (frisk) Police can search or impound property if they have

reason to believe (probable cause) that something illegal is in the car

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Due Process of a Juvenile

Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16

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Court Terms

Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court

Arrest – Action take when a person is deprived of his or her freedom

Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court

Contempt of Court – An action that hinders the administration of justice in the court

Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $50,000

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Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument

Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime

Grand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier

court decision when deciding a case with similar circumstances

Prosecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal

legislatures Statue of Limitations – State laws setting time limit for

bringing a lawsuit

Court Terms