jurisdiction: federal court vs. state court...

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Jurisdiction: Federal Court vs. State Court Systems

Course Court Systems and Practices Unit II Federal Court vs. State Court Systems Essential Question What are the differences between the federal court and state court systems and their jurisdictions? TEKS §130.296(c) (1)(B)(C) Prior Student Learning Structure and function of federal and state courts Estimated Time 3 to 6 hours

Rationale Students must distinguish between federal and state court systems in order to understand why a case is heard in a particular court. Objectives The students will be able to:

1. Outline the process of a case as it moves through an appeal in either the state system or the federal system

2. Describe the jurisdictional differences between federal courts and state courts

3. Differentiate between subject matter jurisdiction, geographic jurisdiction, and hierarchical jurisdiction

Engage Have the students watch and listen to the video of the Court System Song. (To find the video do an Internet search of the following key terms: Court System Song video.) Then discuss the following questions as a class:

What does “the power to speak the law” refer to? What does the singer mean by “it’s jurisdiction that matters after all?” How does the US Supreme Court settle the law?

Use Discussion Rubric for assessment. Key Points I. Key Terms

A. Dual court system – division of two separate court systems, federal and state; federal courts have limited jurisdiction over state courts

B. Jurisdiction – the authority of a court to hear and decide cases within an area of the law or a geographical territory

C. Subject matter jurisdiction – the authority of the court to hear a particular type of case, depending on the nature of the claim or controversy

D. General jurisdiction – authority of a court to hear a wide range of cases, both civil and criminal

E. Limited jurisdiction – court restricted to hear only certain types of cases; also called special jurisdiction

F. Geographic jurisdiction – authority of a court to hear certain cases dependent on geographic boundaries

G. Hierarchical jurisdiction – refers to different levels of courts, whereby one court may hear appeals from a lower court

H. Original jurisdiction – refers to the first court to hear and render a verdict on a case

I. Exclusive jurisdiction – the power of a court to hear a particular type of case; based on subject matter

J. Concurrent jurisdiction – more than one court has the authority to rule


over one case; can be simultaneous K. Federal-question jurisdiction – a federal court’s power to hear cases

that involve the US Constitution, government, or federal laws, or cases between states or the US and foreign governments

L. Diversity jurisdiction – a federal court’s power to hear cases that involve citizens of differing states or between US citizens and citizens of another country; monetary damages must be in excess of $75,000

M. Courts of last resort – the final court to hear appeals, whether through the state court system or, ultimately, the US Supreme Court

II. Outline of the federal court system

A. Magistrate Court B. Trial Courts

1. US District Courts 2. US Bankruptcy Courts 3. US Court of International Trade 4. US Court of Federal Claims

C. Appellate Courts 1. US Court of Appeals for the Federal Circuit 2. Circuit Court of Appeals

D. US Supreme Court E. Other Federal Tribunals

1. US Tax Courts 2. Court of Veteran Appeals 3. Military Courts 4. Federal Administrative Agencies and Boards

III. Jurisdiction of the federal courts

A. Magistrate Court – limited jurisdiction B. Trial Courts

1. US District Courts a) General trial jurisdiction b) Both criminal and civil

2. US Bankruptcy Courts – limited and exclusive jurisdiction 3. US Court of International Trade – specialized jurisdiction 4. US Court of Federal Claims – specialized jurisdiction

C. US Court of Appeals for the Federal Circuit 1. Intermediate appellate jurisdiction 2. Reviews appeals from specialized courts

a) Court of International Trade b) US Court of Federal Claims c) Nationwide geographical jurisdiction

D. Circuit Court of Appeals 1. Intermediate appellate jurisdiction 2. Reviews appeals from US District Courts

a) Circuit determined by geographic location of lower federal court b) 12 Regional Circuits


E. US Supreme Court 1. Court of last resort in the US 2. Appellate jurisdiction over cases that deal with the Constitution or

federal law a) US Supreme Court has discretion regarding which cases it will

review b) Cases usually begin in state court or federal court

3. Original and exclusive jurisdiction over: a) Proceedings against ambassadors or public ministers of foreign

states; and b) All controversies between two or more states

F. Other Federal Tribunals 1. Military Courts 2. Court of Veteran Appeals 3. US Tax Court 4. Federal Administrative Agencies and Boards

IV. Outline of the state court system (Texas)

A. Justice of the Peace or Municipal Courts B. County Courts

1. Constitutional County Courts 2. Statutory County Courts at Law 3. Statutory Probate Courts

C. District Courts D. Courts of Appeals E. Texas Supreme Court and the Court of Criminal Appeals F. Other state tribunals

1. State Office of Administrative Hearings 2. State Agencies and Boards

V. Jurisdiction of the State Courts (Texas)

A. Justice Courts 1. Limited jurisdiction 2. Original jurisdiction in Class C misdemeanor criminal cases that are

punishable by fine only 3. Civil matters not more than $10,000 4. Evictions (Landlord/Tenant law)

B. Municipal Courts 1. Limited jurisdiction 2. Misdemeanors with fines less than $200 3. Exclusive original jurisdiction over municipal ordinance violations 4. Limited civil jurisdiction

C. County Courts 1. Limited jurisdiction 2. Constitutional County Courts

a) Have appellate jurisdiction over the justice courts, municipal courts, and administrative hearings


b) Preside over Class A and Class B Misdemeanors c) Original jurisdiction in civil cases from $200 to $10,000 d) Concurrent jurisdiction with justice of the peace and district

courts in civil cases in which the amount in controversy is small 3. County Court at Law

a) Created by Legislature to aid the single constitutional county court

b) Legal jurisdiction varies c) Original, appellate, and concurrent jurisdiction are the same as

Constitutional County Court 4. Statutory Probate Courts

a) Original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments

b) Legislature grants authority to certain county courts D. District Courts

1. General and Special Jurisdiction 2. Original jurisdiction

a) All felony criminal cases b) Divorce cases c) Title to land cases d) Contested election cases e) Civil matters of $200 or more

3. Juvenile matters E. Courts of Appeals

1. Intermediate appellate jurisdiction 2. Both criminal and civil cases

F. State of Texas Highest Appellate Courts 1. Texas Supreme Court

a) Final appellate jurisdiction in civil cases b) Final appellate jurisdiction in juvenile cases

2. Texas Court of Criminal Appeals a) Final appellate jurisdiction in criminal cases

Activities 1. Court Systems Charts. Have the students complete the United States

Federal Courts Handout and the Texas Court Structure Handout. Use the United States Federal Courts Handout Key and the Texas Court Structure Handout Key for assessment.

2. Venn Diagram Group Project. Divide the class into groups of four. Give

each group a copy of the Types of Cases Heard in Federal and State Courts Handout. The group must work together to complete a Venn Diagram dividing the cases into three groups: Federal Court, State or Federal Court, and State Court. The students may write the types of cases or cut the handout into strips and glue the types of cases onto a poster board. Allow the groups to conduct research on the Internet to help them complete the Venn Diagram. Use the Peer Evaluation Rubric


and the Types of Cases Heard in Federal and State Courts Handout Key for assessment.

Assessments Jurisdiction: Federal Court vs. State Court Systems Exam and Key United States Federal Courts Handout and Key Texas Court Structure Handout and Key Types of Cases Heard in Federal and State Courts Handout and Key Discussion Rubric Individual Work Rubric Peer Evaluation Rubric Research Rubric Materials Jurisdiction: Federal Court vs. State Court Systems computer-based

presentation Jurisdiction: Federal Court vs. State Court Systems Key Terms United States Federal Courts Handout and Key Texas Court Structure Handout and Key Types of Cases Heard in Federal and State Courts Handout Poster boards, drawing materials, scissors, and glue Computers with Internet access Resources Prentice Hall, Criminal Courts: Structure, Process, and Issues (2nd Edition),

2007, Dean John Champion, Richard D. Hartley, & Gary A. Rabe. http://www.courts.state.tx.us/ http://www.uscourts.gov/educational-resources/get-informed/federal-court-

basics/structure-federal-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-

basics/understanding-federal-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-

basics/cases-federal-state-courts.aspx http://www.uscourts.gov/educational-resources/get-informed/federal-court-

basics/comparing-state-federal-courts.aspx http://www.courts.state.tx.us/pubs/court-overview.pdf http://www.courts.state.tx.us/pubs/AR2010/jud_branch/2a-subject-matter-

jurisdiction-of-courts.pdf Outline of the US Legal System, Bureau of International Information

Programs, United States Department of State, 2004, http://www.america.gov/media/pdf/books/legalotln.pdf

Accommodations for Learning Differences For reinforcement, students will engage in peer mentoring for Court Systems Chart activity. Use the Individual Work for assessment if needed. For enrichment, students will write a research paper about the qualifications


of judges in either federal courts or state courts. Research papers should include a works cited page. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education §130.296. Court Systems and Practices (One to Two Credits).

(1) The student examines the structure of the legal system in the United States. The student is expected to: (B) outline the state court system and the federal court

system; (C) explain how jurisdiction impacts criminal charges and

trial proceedings;

College and Career Readiness Standards Cross-disciplinary Standards I. Key Cognitive Skills

E. Work habits 1. Work independently. 2. Work collaboratively.

V. Effective Communication A. Clear and coherent oral and written communication

1. Use appropriate oral communication techniques depending on the context or nature of the interaction.


Jurisdiction: Federal Court vs. State Court Systems Key Terms

Dual court system – division of two separate court systems, federal and state; federal courts have limited jurisdiction over state courts

Jurisdiction – the authority of a court to hear and decide cases within an area of the law or a geographical territory

Subject matter jurisdiction – the authority of the court to hear a particular type of case, depending on the nature of the claim or controversy

General jurisdiction – authority of a court to hear a wide range of cases, both civil and criminal

Limited jurisdiction – court restricted to hear only certain types of cases; also called special jurisdiction

Geographic jurisdiction – authority of a court to hear certain cases dependent on geographic boundaries

Hierarchical jurisdiction – refers to different levels of courts, whereby one court may hear appeals from a lower court

Original jurisdiction – refers to the first court to hear and render a verdict on a case

Exclusive jurisdiction – the power of a court to hear a particular type of case; based on subject matter

Concurrent jurisdiction – more than one court has the authority to rule over one case; can be simultaneous

Federal-question jurisdiction – a federal court’s power to hear cases that involve the US Constitution, government, or federal laws, or cases between states or the US and foreign governments

Diversity jurisdiction – a federal court’s power to hear cases that involve citizens of differing states or between US citizens and citizens of another country; monetary damages must be in excess of $75,000

Courts of last resort – the final court to hear appeals, whether through the state court system or, ultimately, the US Supreme Court


Name___________________________________ Date____________________

United States Federal Courts Handout


United States Federal Courts Handout Key

Federal Courts and other entities outside the Judicial Branch

United States Supreme Court

US Courts of Appeals 12 Regional Circuit Courts of Appeals

1 US Court of Appeals for the Federal Circuit

US District Courts 94 Judicial Districts

US Bankruptcy Courts

US Court of International Trade US Court of Federal Claims

Military Courts (Trial and Appellate) Court of Veteran’s Appeals

US Tax Court Federal administrative agencies and

boards

Supreme Court

Appellate Courts

Trial Courts


Name___________________________________ Date____________________

Texas Court Structure Handout

State Highest Appellate Courts

Civil Jurisdiction Only 9 Justices

Criminal Jurisdiction Only 9 Judges

State Intermediate Appellate Courts

Intermediate Appellate Jurisdiction 14 Courts

State Trial Courts of

General and Special Jurisdiction

Trial Courts of General Civil and Criminal Jurisdiction (Some Courts Specialize by Subject Matter)

County Trial Courts of

Limited Jurisdiction

Limited Civil and

Criminal Jurisdiction(1 in each County)

Limited Civil and/or Criminal Jurisdiction

Limited to Probate

Matters

Local Trial Courts of


Limited Criminal Jurisdiction

(Small Claims Courts) Limited Civil and

Criminal Jurisdiction


Texas Court Structure Handout Key


Supreme Court


Court of Criminal Appeals


civil appeals criminal appeals


Court of Appeals




District Courts




County Level Courts

Constitutional County Courts

Limited Civil and Criminal Jurisdiction

(1 in each County)

County Courts at Law

Limited Civil and/or


Statutory Probate Courts

Limited to Probate Matters



Municipal Courts


Justice of Peace Courts




Name___________________________________ Date____________________

Federal and Texas Court Structure Quiz

Texas Court Structure: Matching


1.


2.









Limited Civil and

Criminal Jurisdiction(1 in each County)

Limited Civil and/or Criminal Jurisdiction

Limited to Probate

Matters






A. Civil appeals B. Constitutional County Courts C. County Courts at Law D. County Level Courts E. Court of Appeals F. Court of Criminal Appeals

G. Criminal appeals H. District Courts I. Justice of Peace Courts J. Municipal Courts K. Statutory Probate Courts L. Supreme Court

3.

12.11.

10. 9. 8.

7.

6.

5.

4.


United States Federal Courts: Fill in the Blank

16.

15.

14.

13. United States Supreme Court

US Courts of Appeals 12 Regional Circuit Courts of Appeals

1 US Court of Appeals for the Federal Circuit

US District Courts 94 Judicial Districts

US Bankruptcy Courts

US Court of International Trade US Court of Federal Claims

Military Courts (Trial and Appellate) Court of Veteran’s Appeals

US Tax Court Federal administrative agencies and

boards


Federal and Texas Court Structure Quiz Key

1. L 2. F 3. A 4. G 5. E 6. H 7. D 8. B 9. C 10. K 11. J 12. I 13. Supreme Court 14. Appellate Courts 15. Trial Courts 16. Federal Courts and other entities outside the Judicial Branch


Types of Cases Heard in Federal and State Courts Handout

"Class action" cases International trade law matters

Admiralty cases Matters involving interstate and international commerce, including airline and railroad regulation

Bankruptcy matters Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights)

Cases involving rights under treaties, foreign states, and foreign nationals

Most issues involving the internal governance of business associations such as partnerships and corporations

Cases involving securities and commodities regulation, including takeover of publicly held corporations

Most issues involving the regulation of trades and professions

Certain civil rights claims Most personal injury lawsuits

Certain disputes involving federal law Most private contract disputes (except those resolved under bankruptcy law)

Crimes punishable under both federal and state law

Most professional malpractice issues

Crimes under state legislation Most traffic violations and registration of motor vehicles

Crimes under statuses enacted by Congress

Most workers' injury claims

Disputes between states Patent, copyright, and other intellectual property issues

Environmental regulations Probate and inheritance matters

Family law issues Real property issues

Federal constitutional issues State constitutional issues and cases involving state laws or regulations

Habeas corpus actions State law disputes when "diversity of citizenship" exists


Types of Cases Heard in Federal and State Courts Key* State Courts State or Federal Courts Federal Courts

Crimes under state legislation

State constitutional issues and cases involving state laws or regulations

Family law issues

Real property issues

Most private contract disputes (except those resolved under bankruptcy law)

Most issues involving the regulation of trades and professions

Most professional malpractice issues

Most issues involving the internal governance of business associations such as partnerships and corporations

Most personal injury lawsuits

Most workers' injury claims

Probate and inheritance matters

Most traffic violations and registration of motor vehicles

Crimes punishable under both federal and state law

Federal constitutional issues

Certain civil rights claims

"Class action" cases

Environmental regulations

Certain disputes involving federal law

Crimes under statutes enacted by Congress

Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights)

Matters involving interstate and international commerce, including airline and railroad regulation

Cases involving securities and commodities regulation, including takeover of publicly held corporations

Admiralty cases

International trade law matters

Patent, copyright, and other intellectual property issues

Cases involving rights under treaties, foreign states, and foreign nationals

State law disputes when "diversity of citizenship" exists

Bankruptcy matters

Disputes between states

Habeas corpus actions

Traffic violations and other misdemeanors occurring on certain federal property

*http://www.uscourts.gov/educational-resources/get-informed/federal-court-basics/cases-federal-state-courts.aspx


Your Name___________________________________ Your Group Number_______

Peer Evaluation 1) Name of Student________________________________________ At what level of seriousness did they take this activity? Not Very Serious Very Serious 0 1 2 3 4

Did they make a significant contribution to the brainstorming process? No Yes 0 1 2 3 4

Did they make a significant contribution to preparing for the skit? No Yes 0 1 2 3 4

What was the level of their participation in the skit(s)? None A Lot 0 1 2 3 4

Would you want to work with this person in a group again based on their level of productivity? No Yes 0 1 2 3 4

Total Score_______ 2) Name of Student________________________________________ At what level of seriousness did they take this activity? Not Very Serious Very Serious 0 1 2 3 4





Total Score_______


3) Name of Student________________________________________ At what level of seriousness did they take this activity? Not Very Serious Very Serious 0 1 2 3 4










Total Score_______


5) Name of Student________________________________________ At what level of seriousness did they take this activity? Not Very Serious Very Serious 0 1 2 3 4










Total Score_______


Name_______________________________________ Date_______________________________

Discussion Rubric

Objectives 4 pts. Excellent

3 pts. Good

2 pts. Needs Some Improvement

1 pt. Needs Much Improvement

N/A Pts.

Participates in group discussion

Encourages others to join the conversation

Keeps the discussion progressing to achieve goals

Shares thoughts actively while offering helpful recommendations to others

Gives credit to others for their ideas

Respects the opinions of others

Involves others by asking questions or requesting input

Expresses thoughts and ideas clearly and effectively

Total Points (32 pts.)

Comments:


Name______________________________________ Date_______________________________________

Individual Work Rubric


3 pts. Good


1 pt. Needs Much Improvement N/A Pts.

Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated

Time management Student used time wisely and remained on task 100% of the time

Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved

Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved

*Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information


Comments:


Name______________________________________ Date_______________________________________

Research Rubric


3 pts. Good


1 pt. Needs Much Improvement N/A Pts.

Question/goal Student identified and communicated a question or goal of the research

Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information

Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner

Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research

Reflection Student reflected on the importance of the research and its potential application


Comments:

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