Jurisdiction: Federal Court vs. State Court Systems
Course
Court Systems
and Practices
Rationale
Students must distinguish between federal and state court systems in order
to understand why a case is heard in a particular court.
Unit II
Federal Court
vs. State Court
Systems
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
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
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
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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
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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
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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
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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-courtbasics/structure-federal-courts.aspx
http://www.uscourts.gov/educational-resources/get-informed/federal-courtbasics/understanding-federal-courts.aspx
http://www.uscourts.gov/educational-resources/get-informed/federal-courtbasics/cases-federal-state-courts.aspx
http://www.uscourts.gov/educational-resources/get-informed/federal-courtbasics/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-matterjurisdiction-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
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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.
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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
7
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Name___________________________________
Date____________________
United States Federal Courts Handout
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United States Federal Courts Handout Key
Supreme Court
United States Supreme Court
Appellate Courts
US Courts of Appeals
12 Regional Circuit Courts of Appeals
1 US Court of Appeals for the Federal Circuit
US District Courts
Trial Courts
94 Judicial Districts
US Bankruptcy Courts
US Court of International Trade
US Court of Federal Claims
Federal Courts and other entities
outside the Judicial Branch
Military Courts (Trial and Appellate)
Court of Veteran’s Appeals
US Tax Court
Federal administrative agencies and
boards
9
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Name___________________________________
Date____________________
Texas Court Structure Handout
State Highest
Appellate Courts
Civil Jurisdiction Only
9 Justices
State Intermediate
Appellate Courts
State Trial Courts
of
General and Special
Jurisdiction
Criminal Jurisdiction Only
9 Judges
Intermediate Appellate Jurisdiction
14 Courts
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)
Local Trial Courts
of
Limited Jurisdiction
Limited Criminal
Jurisdiction
Limited Civil and/or
Criminal Jurisdiction
Limited to Probate
Matters
(Small Claims Courts)
Limited Civil and
Criminal Jurisdiction
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Texas Court Structure Handout Key
State Highest
Appellate Courts
Supreme Court
Civil Jurisdiction Only
9 Justices
civil appeals
State Intermediate
Appellate Courts
State Trial Courts
of
General and Special
Jurisdiction
Court of Criminal
Appeals
Criminal Jurisdiction Only
9 Judges
criminal appeals
Court of Appeals
Intermediate Appellate Jurisdiction
14 Courts
District Courts
Trial Courts of General Civil and Criminal Jurisdiction
(Some Courts Specialize by Subject Matter)
County Level Courts
County Trial Courts
of
Limited Jurisdiction
Local Trial Courts
of
Limited Jurisdiction
Constitutional County
County Courts at Statutory Probate
Courts
Law
Courts
Limited Civil and Criminal
Limited Civil
Limited to
Jurisdiction
and/or
Probate Matters
(1 in each County)
Criminal
Jurisdiction
Municipal Courts
Limited Criminal
Jurisdiction
Justice of Peace
Courts
(Small Claims Courts)
Limited Civil and
Criminal Jurisdiction
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Name___________________________________
Date____________________
Federal and Texas Court Structure Quiz
Texas Court Structure: Matching
1.
2.
State Highest
Appellate Courts
Civil Jurisdiction Only
9 Justices
Criminal Jurisdiction Only
9 Judges
4.
3.
5.
State Intermediate
Appellate Courts
Intermediate Appellate Jurisdiction
14 Courts
State Trial Courts
of
General and Special
Jurisdiction
6.
Trial Courts of General Civil and Criminal Jurisdiction
(Some Courts Specialize by Subject Matter)
7.
County Trial Courts
of
Limited Jurisdiction
Local Trial Courts
of
Limited Jurisdiction
A.
B.
C.
D.
E.
F.
8.
9.
10.
Limited Civil and
Criminal Jurisdiction
(1 in each County)
Limited Civil and/or
Criminal Jurisdiction
11.
Civil appeals
Constitutional County Courts
County Courts at Law
County Level Courts
Court of Appeals
Court of Criminal Appeals
Limited to Probate
Matters
12.
(Small Claims Courts)
Limited Civil and
Criminal Jurisdiction
Limited Criminal
Jurisdiction
G.
H.
I.
J.
K.
L.
Criminal appeals
District Courts
Justice of Peace Courts
Municipal Courts
Statutory Probate Courts
Supreme Court
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United States Federal Courts: Fill in the Blank
13.
14.
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
15.
94 Judicial Districts
US Bankruptcy Courts
US Court of International Trade
US Court of Federal Claims
16.
Military Courts (Trial and Appellate)
Court of Veteran’s Appeals
US Tax Court
Federal administrative agencies and
boards
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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
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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
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Types of Cases Heard in Federal and State Courts Key*
State Courts
State or Federal Courts
Federal Courts
Crimes under state
legislation
Crimes punishable under
both federal and state law
State constitutional issues
and cases involving state
laws or regulations
Federal constitutional issues Most cases involving federal
laws or regulations (for
Certain civil rights claims
example: tax, Social
Security, broadcasting, civil
"Class action" cases
rights)
Environmental regulations
Matters involving interstate
Certain disputes involving and international commerce,
federal law
including airline and railroad
regulation
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
Crimes under statutes
enacted by Congress
Cases involving securities
and commodities regulation,
including takeover of publicly
held corporations
Admiralty cases
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
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/casesfederal-state-courts.aspx
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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
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_______
17
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3) 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_______
4) 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_______
18
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5) 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_______
6) 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_______
19
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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:
20
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Name______________________________________
Date_______________________________________
Individual Work Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs
Some
Improvement
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
Total Points (20 pts.)
Comments:
21
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
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
Total Points (20 pts.)
Comments:
22
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