The Judicial System-Two Tiers

State Court System
–
–
Why would you end up
here?
Both Systems hear
cases regarding Criminal
Law and Civil Law.

Federal Court System
–
–
–
Why would you end up
here?
Criminal Law: Person
charged with breaking a
law
Civil Law: Concerns
disputes between two
parties/people
The Judicial System-Criminal Case
Jurisdiction

State Court System
–
State Crimes:





Shoplifting
Murder
Assault and Battery
95% of crimes are state
crimes
WHAT IS THE
DIFFERENCE? WHY
DOES A CASE GO TO
ONE SYSTEM INSTEAD
OF OTHER?

Federal Court System
–
Federal Crimes:



Kidnapping
Counterfeiting
Bank Robbery
The Judicial System-Civil Case
Jurisdiction

State Court System
–
State Civil Issues:




Small Claims Lawsuit
Child Custody Cases
Divorce
Property Disputes

Federal Court System
–
Federal Civil Issues:





WHAT IS THE
DIFFERENCE? WHY
DOES A CASE GO TO
ONE SYSTEM INSTEAD
OF OTHER?
Constitutional Violation
Free Speech Restrictions
Cruel Punishment
Arguments
Discrimination Issues
FIRST LEVEL COURTS

State System
–
County Courts

Federal System
–
–
–
–
Court of Original
Jurisdiction: THIS IS
WHERE A CASE
STARTS IN THE STATE
SYSTEM
Jury will hear case
–
–
–
U.S. District Court
Min. 1 per state, 94 total
ILL has 3 different
District Courts to serve
our population
Court of Orig. Jurisd.
Only jury court in federal
system
Level Two Courts: If you lose at
lower level-2nd Step Options

State System
–
–
State Courts of Appeal
Hear cases of Appellate
Jurisdiction:THEY ONLY
CAN HEAR A CASE
AFTER SOMEBODY
ELSE HAS HEARD IT

Federal System
–
–
–
–
–
U.S. Courts of Appeal
12 total “Circuits” in USA
Have only App. Jurisd.
Judges hear case in
groups of 3-5 at a time
“En Banc” sometimes
Level Three Courts

State System
–
–
–
State Supreme Court
Highest Court in state
Court with Appellate
Jurisdiction

Federal System
–
–
–
–
U.S. Supreme Court
Has App. Jurisd, Orig.
Jurisd and Final Jurisd.
Original Jurisdiction
Case Ex’s: Foreign
Diplomats or State v.
State cases
Only hears cases with
broad implications of the
law/constitution