Business Law
Mr. Rubin de Celis
Chapter 4.3 State Courts
Supreme Court
Intermediate Appeals court
Trial Courts
FAMILY
COURT
JUVENILE
COURT
JUSTICE’S COURT
MUNICIPAL
COURT
PROBATE
COURT
CRIMINAL
COURT
SMALL CLAIMS COURT
(THE COURT OF JUSTICE OF THE PEACE)
State Trial Courts – general jurisdiction over criminal and civil cases
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Some states called superior courts
Court of record – keeps an account over the case
o Transcript
o Evidence
o Verdict/decision
o May handle appeals of courts of more specialized jurisdiction
 Retry cases to make a proper court record in case of an appeal
 Makes determination of decision of facts –
 Bench trial
 Jury trial
State courts of appeal – appeal reviewed by a panel of judges
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Consist of no more than three judges
Evaluate court of record
o Considers attorney’s oral arguments
o No new evidence can be introduced
o Evidence can only be introduced at the lower court level
o Judges check to be sure that the correct law was used to resolve the case
o If law used incorrectly, then they may enter judgment correcting the law
o Sometimes the use of the wrong law will interfere with the case
 Appellate court will remand the case back to the lower court for a new trial
 Or Appellate court will conclude the law was used correctly and abide by lower
court decision
State Supreme Court – only cases that involve the most complex legal issues are taken to the justices of
the State Supreme Court
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State Supreme Court level – three or more justices review the case
Listen to attorney’s representing each side
Issue the final decision on matters of law
o Constitutional issues – Federal Supreme Court
Has original jurisdiction over most state impeachment cases
Associate Circuit court – also known as county courts
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Hear minor criminal cases
State traffic offenses
Lawsuits in which relatively small amounts are involved - $25,000
Generally not a court of record
o Take a significant burden off the higher courts
o Appeals can be taken to circuit courts
City or Municipal Courts
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Administer city ordinances
o Traffic and criminal divisions
o Violations within city limits
o Ordinances not considered a criminal offense
 Penalties can be severe
Small Claims Court – Minor individual suits
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Handle disputes in which small amounts, generally $2,500 or less
Attorneys generally are not allowed in small claims court
Judge hears the case without a jury or formal rules of evidence
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Decisions can be appealed
Juvenile Court – those over 13 to 18 years of age in most states
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Juveniles should not be held responsible for criminal acts
Juvenile is entitled to his or her full constitutional rights
o Right to be represented by an attorney
o Court has wide powers in determining what should be done
o Purpose is to rehabilitation not punishment
 Release to supervision of parent, guardian, governmental official
 Placement in foster homes
 Detention or correctional facilities
 Criminal offenses do not become public knowledge
 Juvenile records are not open to the public
 Rehabilitation does not work, the juvenile can be tried as an adult
 Murder
 Appeals of the juvenile court is heard at the circuit court level
Probate Courts – Courts that administer wills and estates
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Individual dies their property and other interests must be divided according to their wishes
Procedure is formal and complex
Think about legal concepts – page 61
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Think critically about evidence page 61
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Page 63 – Think Critically about Evidence
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Analyze Real Cases page 64
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