Chapter Four:
STATE COURTS
LEVELS of STATE COURTS

Trial courts of limited jurisdiction: lower courts

Trial courts of general jurisdiction: major trial courts

Intermediate courts of appeals

Courts of last resort: state supreme courts
Trial Courts of Limited Jurisdiction*

Trial courts of limited jurisdiction are created, controlled, and
funded by city or county governments – they are not part of the
state judiciary.

These courts comprise 85 percent of all judicial bodies in the
U.S.

The caseload of lower courts represents approximately twothirds of all state court filings.

These courts are restricted in their jurisdiction. Their role
focuses primarily on preliminary stages of felony cases,
misdemeanor traffic cases, and small claims cases.
*
These courts are also called: inferior courts, municipal courts, city courts,
magistrate courts, or justice of the peace.
Trial Courts of General Jurisdiction*

These major trial courts have the legal authority to decide all
criminal and civil matters not delegated to the lower courts.

State constitutions or statutory law (or both) determine their
jurisdiction.

Geographical jurisdiction is usually determined by political
boundaries – most often by counties.

Trial courts of general jurisdiction handle juvenile cases,
misdemeanor and exclusive felony violations, DWI/DUI cases,
and civil matters that are highlighted by domestic relations,
estate, and personal injury issues.
* These courts are also known as district, circuit, or superior courts.
Florida Circuit Courts
Intermediate Courts of Appeals

Due to increasing criminal and civil case workloads, states
created intermediate courts of appeals. Now, ICAs hear all
properly filed appeals.

Most often, these courts (although they exist in only 39 states),
handle both criminal and civil cases.

Usually, these courts employ three-judge panels for deciding
cases.

Subsequent appeals are at the discretion of the higher court,
however, for most litigants, the state’s intermediate appellate
court is the final step for most.
Florida District Courts of Appeal
Courts of Last Resort

Courts of last resort do not use judicial panels, instead, the
entire judicial body participates in deciding each case
(en banc).

These courts have a limited amount of original jurisdiction in
matters dealing with legal and judicial personnel.

The docket schedule is purely discretionary. They hear only
those cases that tend to have broad legal and political
significance.

Courts of last resort are the ultimate review board for matters
involving interpretation of state law.
Question
What are the four tiers
of the Florida court system?
Characteristics of
State Judicial Systems
Three Interdependent
Features

Localism

Hierarchy

Emphasis on the right
to appeal
Additional Features
Include:

Their resistance to
strong organizational
change.

Their ability to adapt
to change.
QUESTION
How many Courts of Last Resort
does the States of Texas
and Oklahoma have?
What is the concept of a
Uniform Court System? Explain
Question
Is the premise of a
Unified Court System a good idea?
In other words,
would shifting judicial administration
from local control to centralized management
be a prudent goal?
Why or why not?
(be able to give several reasons for each)
Therapeutic Jurisprudence
Five Essential Elements
Types of Specialized Courts

Drug courts (adult and
juvenile)
Nonadversarial adjudication

Mental Health courts

Hands-on judicial
involvement

Domestic Violence courts

Treatment programs with
clear rules and structured
goals.

Drunk driving courts

Reentry courts

Family courts

Immediate intervention


A team approach with the
courtroom workgroup.
Question
Explain the difference between
the crime control model’s view
and the due process model’s view
on the “war on drugs” with regards to:
causation,
punishment, and equality.
Which model do you favor?
The “War” on Drugs
Due Process Model
Crime Control Model

Drug abuse is caused by a
breakdown of individual
responsibility.

Drug abuse is a disease and
needs to be treated.

The solution is punishment
and deterrence.

The solution is
rehabilitation.

Drug policies should not be
concerned with
socioeconomic factors.

Drug policies influence
minority groups unequally.
Questions
Does the “War” on drugs
determine the way cases are processed
and on the type of justice
that results?
How do “Three Strikes Laws”
Impact the judiciary?
(Ewing v. California, 2002)
Major Trial Courts
Since most criminal cases do not go to trial, the
dominant issue is not guilt or innocence, but what?
Whereas federal courts hear a high percentage of
white-collar and major drug distribution cases,
state courts decide primarily what type of crimes?