Chapter 2: State and Federal Courts
Matt Kubik, Kristen Siegler, Elizabeth Schrum, Matt Watson, Bryce Jones
Image Courtesy of
http://www.mass.gov/legis/bills/senate/st00/gavel.jpg
In order for society to exist in harmony, there must be a system that holds citizens
accountable when their actions do not reflect that which is laid out by the law. It is beneficial for
every citizen to know and understand these laws, even if that person’s career does not involve
business or law. Choosing a career in the business field carries with it many legal
responsibilities. Thus, it is imperative to have knowledge of these responsibilities and the
systems that are tied to them. One important structure to understand is the court system. The
courts have the responsibility to deliver judgment over legal disputes in accordance with the law.
In the United States, there are a total of 51 court systems: one for each state and one
federal system, which also handles all issues in the District of Columbia. In this chapter, both
the federal and state systems will be covered, with particular emphasis on Missouri’s courts.
I. Jurisdiction and Venue
Before a case is brought to court, the court must confirm that it has proper jurisdiction
and venue. Let’s take a look at what this means.
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A. Jurisdiction
Jurisdiction refers to a court’s authority or right to hear a particular case. If a court were
to hear a case over which it did not have proper jurisdiction, the decision would not be legally
binding for the parties involved. In other words, the parties have no obligation to honor the
decision reached by the court. There are two main types of jurisdiction that relate to state
systems: original jurisdiction and appellate jurisdiction.
1. Original and Appellate Jurisdiction
Original jurisdiction is simply a court’s right to hear a case before any other court. A
court with original jurisdiction does the trial. Court with appellate jurisdiction hear appeals;
usually (though not always) they do not do trials. Appellate cases involve judges looking at the
trial transcript, written and oral arguments from the lawyers for both sides, at looking at the law
and precedent.
2. Subject Matter Jurisdiction
Subject matter jurisidiction determines the court’s authority
regarding the type of case. Different types of courts will hear different
types of cases. For example, bankruptcy courts naturally hear
bankruptcy cases. Probate courts handle estates of people who have
died. Some courts can hear many types of cases such as federal district
courts and Missouri circuit courts.
A court cannot hear a
criminal case if it only has
the power over civil
disputes.
3. Personal Jurisdiction
Personal jurisdiction determines the court’s authority based
on the parties involved, most oftentimes the defendant. Personal
jurisdiction is most commonly based upon a concept called in
personam jurisdiction which specifically depends on the court’s
relationship to the defendant. This can involve any relevant ties that the
defendant has to the state, including residence, employment, location of
the offense, etc. All these factors can be taken into consideration to
determine if a state is awarded in personam jurisdiction. This becomes
tricky when multiple states are able to claim a relationship to the
defendant. Other considerations such as venue would also have to be
accounted for before determining in which state to try the case.
Chapter 2: State and Federal Courts
So if John Smith lived
in Missouri but
committed a crime in
Iowa, the courts would
have to determine
which state had
personal jurisdiction
over John Smith’s trial
according to which
state had the most
relevant relationship
to the case.
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Personal jurisdiction can also refer to a court’s power over an item of property. This is
known as in rem jurisdiction. Although these cases are rare, this gives state courts authority over
cases based on the property involved in the claim. Property located within a particular state may
grant the state court personal jurisdiction even though it doesn’t meet the qualifications for in
personam jurisdiction.
In both criminal and civil cases, there is a defendant on trial. For a court to proceed
against that defendant, the defendant must be notified that he or she is being tried. In civil cases,
notice is usually done by serving papers on the defendant. In criminal cases, courts require that
the defendant not only be notified, but be present in court. This allows the defendant to assist in
his or her case. Due to the nature of the penalties in criminal cases, having the defendant present
is a matter of fairness and due process.
4. Venue
A court needs more than jurisdiction to have authority over
Remember: A court must
a particular case; it must also have proper venue. Venue refers to
have proper jurisdiction
where the court is located. The venue in which the case is heard is
AND venue before hearing
determined by requirements set forth by state statutes which may
a case.
vary from state to state. However, it is primarily based upon the
venue’s location in regards to the plaintiff and defendant as well as
the dispute. Sometimes the location or venue is moved (or changed) to avoid getting a
prejudiced jury.
II.
State Court Systems
State Court Systems are very important components of our judicial system as they
interpret the overwhelming majority of cases that enter the court system. State courts may
handle all types of cases aside from a few exceptions reserved specifically for the federal courts.
Court systems vary from state to state. One of the main differences that exist is the
general structure. States may have either a two or three-level system. Today, the majority of
states have a three-level system in which the three levels consist of trial courts, the Court of
Appeals, and the Supreme Court. If a state has a two-level court system, the intermediate Court
of Appeals is omitted, and the state’s Supreme Court adopts all appellate responsibilities.
A. Trial Courts
Let’s begin with the lowest state courts, the trial courts, which may also be known as
superior, county district, circuit, or common pleas courts. Trial courts exercise original
jurisdiction. However, there is also a subclass of specialized courts with limited jurisdiction.
Courts with limited jurisdiction are designated or specialized to hear specific cases. Examples
include family court, small claims court, traffic court, probate court, juvenile court, etc. It is
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important to note that if matters are not settled in these courts and the decision is appealed, they
are sent to a trial court that has unlimited original jurisdiction. This is not treated as a normal
appeal because trial courts do not have appellate jurisdiction. Instead, the appeal will enter a trial
court as a new trial also known as trial de novo.
Trial courts with unlimited original jurisdiction generally hear cases in which claims are
accompanied by large monetary or serious criminal penalties. In essence, all cases that do not fall
under the jurisdiction of specialized courts, plus some that do, are heard by the trial courts.
Examples include murder, robbery, and fraud. Decisions made in trial courts can be made by the
judge, but a jury trial is another option. There is a trial court to represent every county within the
state, but some may represent multiple counties.
B. Court of Appeals
The next level of courts in a three-level system is the
Keep in mind: the Court of
Courts of Appeals. The Court of Appeals exercises only appellate
Appeals only reviews the
jurisdiction. This court is reserved for appeals from the trial
findings of the case and
courts. An appeal to this court is not a new trial. Instead, the
answers legal questions. It
Court of Appeals reviews the previous court’s records to decide
is not a new trial.
questions of legality regarding the process or the basis of the
original decision made by the judge or jury. The court then has the power to issue one of three
decisions: judgment affirmed (supporting the previous court’s decision), judgment reversed
(reversing the previous court’s decision), or judgment reversed and remanded (reversing the
previous court’s decision and requiring that the case be re-tried at the trial level).
C. Supreme Court
The Supreme Court is the highest level court within the state court system. In a two-level
system, the Supreme Courts handles all the responsibilities of the Court of Appeals as previously
discussed. The Supreme Court has both original and appellate jurisdiction. This appellate
jurisdiction refers to the Supreme Court ability to review appeals from the trial courts in a twolevel system and the Court of Appeals in a three-level system. In addition, appeals may be sent
directly to the Supreme Court from the trial courts depending on the issue. On very rare
occasions does the Supreme Court exercise original jurisdiction. An impeachment is example of
a Supreme Court exercising original jurisdiction. The Supreme Court does not have the
obligation to review every case that is sent. They determine whether the case warrants their
review.
Depending on the state, Supreme Courts usually have a panel of five to nine judges. A
case decision is reached by voting. States are responsible for setting rules about how the votes
dictate the final decision.
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III.
How State Judges Are Selected
States have the power to set the process by which judges get their positions, how many
judge positions there are, and the length of the terms. Typically there is some sort of election
process, at least for lower level judges. Many states also have the judges appointed by the
governor or committees or a combination of both. The number of judiciary positions usually
depends on the number of courts within the state and the population of the state. As stated
before, the Supreme Court varies between five to nine judges.
IV.
Missouri Court System
Let’s specifically look at Missouri’s Court System. Missouri is an example of a state
with a three-level system. Thus, it consists of trial courts called circuit courts (with specialized
limited jurisdiction courts as well), the Missouri Court of Appeals, and the Missouri Supreme
Court. There are 44 total circuit courts with many circuit courts covering multiple counties.
There are two types of judges in the circuit
courts: at least one circuit judge and at least one
associate circuit judge designated for each
county within the circuit.
There may be
additional judges depending on the population of
the area. In general, associate circuit judges are
responsible for the lower profile cases and
preliminary trial work for felony cases. Circuit
judges are generally responsible for the higher
profile cases. The associate circuit judge assumes these responsibilities in the absence of the
circuit judge. In addition, Missouri has a small claims court which is a division of the circuit
court headed by an associate district judge. The small claims court was created to aid people
handle their small cases without the use of attorneys. In this court, there are no jury trials, and
individuals can sue up to $3000.
Missouri has one Court of Appeals with an eastern, western and southern division. These
divisions are located in St. Louis (eastern), Kansas City (western), and Springfield (southern).
The Missouri Supreme Court has a panel of seven judges and reserves exclusive appellate
jurisdiction concerning specific issues, such as validity of U.S. law, Missouri law and death
penalty cases. It also utilizes original jurisdiction in rare occasions such as for impeachment
trials.
Missouri uses two different methods to select judges. Most trial level judges must be
elected just like other political candidates. For judges of the Supreme Court, Court of Appeals,
and circuit and probate courts in the Kansas City and St. Louis areas and Greene Co.
(Springfield) have implemented a process called the Missouri Non-partisan Selection System
(http://www.courts.mo.gov/page.jsp?id=297). In this system, when a position opens up, a
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commission meets to come up with three candidates and then submits their top picks to the
governor. Next, the governor selects one of the candidates to fill the position. The following
year, the candidate is put on the ballot for the public to voice their opinion. The candidate runs
uncontested and the voters simply submit a “yes” or “no” vote. If the judge receives a majority
“yes” vote, then he or she proceeds to serve a full term. If there is a majority “no” vote, the
process is repeated until the public approves the nomination. Following numerous judicial
elections controlled by political machine Tom Pendergrast, Missouri voters approved this system
in 1940. Currently twelve states, including Iowa and Kansas, use the Missouri Plan in addition to
modified versions in Tennessee, Florida and California.
Full terms for judges differ depending on the level. A full term for a judge of the
Missouri Supreme Court or the Missouri Court of Appeals is twelve years; whereas a circuit
judge serves a full term of six years and associate and probate judges serve a full term of only
four years. Once the judges have served their terms, they go up for reelection. If a judge was
selected through the Missouri Non-partisan Selection System, then he or she must once again run
uncontested with a “yes” or “no” vote; otherwise, the judge must run contested.
Map of Missouri Courts
Map Courtesy of http://www.courts.mo.gov/page.jsp?id=261
V.
Other State Courts
A common theme about state courts is diversity from state to state. Let’s look at some
other state courts and some of the aspects that may differ among court systems.
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Missouri’s northern neighbor, Iowa, has a similar court structure. It also has a three-level
system. However, Iowa sets different terms for its justices: Supreme Court justices serve eightyear terms, Court of Appeals and trial level justices both serve six-year terms.
Illinois’s system of electing judges has variances from Missouri’s system. In Illinois,
once a Supreme Court or Court of Appeals position is vacant, individuals wanting the position
must run and be elected through the normal election process. However, once they have been
elected, they may be presented on the ballot uncontested, like in Missouri, for following the
conclusion of each term.
New York has an even more noticeable difference. In New York, the trial level courts
are called supreme courts and the highest court in the state is called the Court of Appeals. The
basic responsibilities of each court are still the same as with other courts at the same level in
different states.
Delaware is a state with a two level court system consisting of one trial level and one
appeals level. (A three level system wouldn’t fit in a state the size of Delaware!) Even two level
systems can have multiple lower-level trial courts. The Court of Chancery has original
jurisdiction for equity matters. It deals primarily with corporations. Delaware is home to many
national corporations because of its favorable business laws. The Superior Court has original
jurisdiction over criminal and civil cases (excluding equity cases). In addition to these lower
courts, the Delaware court system also includes the Family Court, Court of Common Pleas,
Justice of the Peace Courts and Alderman's Courts. The state’s highest court is known as the
Supreme Court. It hears appeals from lower state courts.
VI.
Role of the Judicial Branch
As mentioned earlier, the judicial branch’s primary role is to interpret the law. The
system of checks and balances was designed to prevent any other branch from gaining too much
power. It might sound like each branch was created with an equal distribution of power;
however, that was not the case. Originally, the judicial branch had the least amount of power
when compared to the executive and legislative branches. Article 3 of the United States
Constitution states that “courts are to be used to solve arguments between people, between states,
and between people and states.” The Supreme Court was to be the most powerful court in
America; all other courts would be considered inferior. That pretty much summed up the powers
of the judicial system. So when the constitution was created, the courts did not have the power
and the influence that they have today.
This changed, however, due to the famous case Marbury v Madison in 1803. The winner
of this court case is insignificant when compared to what the Supreme Court gained through the
case. Chief Justice John Marshall introduced the concept of judiciary review. Judicial review
gives the Supreme Court the power to protect individual rights which is guaranteed in the
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constitution. The court is able to set precedent for all other cases that follow. The Supreme
Court’s decision on a case must be followed by all other courts across America.
The Supreme Court now has a significant amount of power. Today, the judicial branch
oversees the executive branch to ensure it does not violate the basic rights guaranteed to the
people through the constitution. They also can decide if a law passed by congress is
constitutional or not. If they feel a law is unconstitutional, they have the power to invalidate the
law.
VII. Federal Court System
Cases do not go directly to the Supreme Court; nothing would get done if that was the
case. At the federal level, there are two levels a court case has to go through before the Supreme
Court even considers hearing the case.
A. District Courts
The first level of courts in the federal system is the federal district courts. There are 94
of these courts located all across America. At least one federal district court is located in every
state so an individual does not have to travel an excessive amount to have their case tried. The
federal district court has original jurisdiction over the case. Most cases are tried by the state
courts instead of the federal courts.
Cases are tried in federal courts if there is
diversity jurisdiction. Diversity jurisdiction is
when an argument exists between citizens from two
different states and the amount in question exceeds
$75,000. This case would be tried by the federal
court in order to eliminate biases which could be
shown by the states.
For instance, if Jane Doe (who
lives in South Carolina) and John
Smith (who lives in Missouri)
were in a car accident, a resulting
case would most likely be tried at
the federal level to prevent the
decision from being influenced by
biases.
The federal court also would hear the case if they had federal question jurisdiction.
Federal question jurisdiction exists when the case questions the constitutional law. It is important
for these cases to be tried by the federal court because there is a conflict with the federal law.
The court needs to interpret whether something is unconstitutional or not.
The federal district courts also have exclusive jurisdiction under certain categories of
law. Exclusive jurisdiction is when a particular court has undisputable rights to hear a court
case. Patent cases are a good example.
The majority of cases are under concurrent jurisdiction with state courts. A concurrent
jurisdiction is when both state and the federal level have jurisdiction to hear a case. States and
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federal government have many similar laws; therefore, both have jurisdiction over the case.
Usually, states will hear the case to lighten the case load for federal courts.
B. Federal Court of Appeals
After the case is tried in the federal district court the verdict is given. The loser in the
case will usually try and appeal the case; they will appeal stating that the judge made mistakes in
the trial process. The case is taken to the Federal Courts of Appeals (also known as circuit court).
The Federal Court of Appeals have appellate jurisdiction. These courts hear appeals from lower
federal courts and federal regulatory agencies; they do not hear
appeals from state courts. There are 13 circuit courts across
The national jurisdiction
America. Eleven of those courts cover several states, one of the
exercised by the federal
courts is located in the District of Columbia, and one is a
circuit just means that it is
separate federal circuit. The federal circuit is distinctly
not limited to geographical
different than the other regional circuit courts because it has
boundaries like the other
national jurisdiction. The Federal Circuit hears most cases
12 courts that cover specific
regions are.
involving patents and taxes and it also handles appeals from
some specialized federal courts.
There are three judges that serve on the panel in a Federal Court of Appeals that hear oral
arguments from both the plaintiff and the defendant. There is not any formal trial-type court
case. All of the facts and information about the case have already been collected. The circuit
court does not look for any new facts in the case; they instead review the legal conclusion that
was made in the federal district court. Most of the cases are decided in federal court of appeals.
Cases can be appealed further to the
Supreme Court, but it is very rare
that the case will be heard.
U.S. Federal Courts of Appeal (courtesy of www.uscourts.gov)
Chapter 2: State and Federal Courts
This map shows the regions
where the 94 federal district courts are
located. Every state has one court.
Then some states are divided into
different regions. Each region has a
district court. For example, Missouri is
divided into eastern and western. There
is a district court located in Kansas
City and one located in St. Louis. The
federal courts of appeals are located all
across America; there are eleven courts
total. Each state has a different color to
show which court would have
jurisdiction over the court case.
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Map of U.S. Federal Courts of Appeal
Map courtesy of http://www.uscourts.gov/courtlinks/.
C. United States Supreme Court
As stated earlier, many cases are appealed to the Supreme Court. However, very few
cases are lucky enough to be heard in this court. The Supreme Court can agree to hear a case
through a writ of Certiorari. In order to receive a writ of Certiorari, four of the nine judges
must want to hear the case. The
Supreme Court will only hear cases
that they feel are significant and pose
an important constitutional question.
Typically, the Supreme Court will
hear 100 to 150 court cases a year.
Some of these cases are immensely
important and will dictate American
policy for many years. Again, this is
because of the Judicial Review
mentioned earlier, when the justices
set precedent for all other cases.
All of the lower courts have
to rule in a way that coincides with rulings made by the Supreme Court. However, there are two
exceptions. If a case is a 4 to 4 tie, the decision of the circuit court will stand, but there will not
be any precedent established with that case. The other way this will change is if the Supreme
Court rules against their original decision at a later date. After each case, there is a majority
opinion written and a minority opinion. The majority opinion states why the justices ruled the
way they did. The opinion explains which prior cases were used to influence that decision. The
dissenting (minority) opinion will explain why the other justices were against the majority.
The Supreme Court has both original and appellate jurisdiction. Ninety-nine percent of
the cases are appeals with a very small percent being original, much like the state supreme
courts. Examples of original jurisdiction are cases where one state sues another state. Typical
cases of this type are boundary fights and use of water from large rivers.
The majority of the Supreme Court cases are appellant. These cases are either appealed
from the State Supreme Courts or from the federal court of appeals. The Supreme Court can hear
cases from State Supreme Courts when the case questions the validity of federal law, when there
is a conflict between state and federal law, or any title, right, privilege, or immunity under
federal law. The Supreme Court will not hear cases that are appealed to them if the question is
only about state law. The State Supreme Court handles those questions.
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D. Special Federal Courts
Finally, there is a subgroup of federal courts called special courts, which have special
subject matter jurisdiction. There is the U.S. Court of Federal Claims, the U.S. Tax Court and
the U.S. Bankruptcy Court. These courts have special jurisdiction.
The U.S. Court of Federal Claims hears cases involving non-tort monetary claims again
the government. Judges on the Federal Claims Court do not have life tenure; they serve fifteen
year terms with the opportunity for reappointment. All trials at the COFC are bench trials, and
the COFC has concurrent jurisdiction with the federal district courts when claims are less than
$10,000.
The U.S. Tax Court is a federal trial court established by Congress under Article I of the
Constitution. Formally part of the legislative branch of the United States federal government, the
Tax Court specializes in helping affected individuals with discrepancies over federal income tax
prior to payment of the disputed amounts issued by the Internal Revenue Service (IRS).
Created in 1979 by Congress, the U.S. Bankruptcy Court serves as parts of the district
courts which have subject-matter jurisdiction over all bankruptcy cases. Bankruptcy cases can’t
be filed in state courts; the federal district courts have exclusive jurisdiction. All 94 of the federal
districts resolve bankruptcy issues.
VIII. How Federal Judges Are Selected
There are nine justices on the Supreme Court. Whenever someone is appointed to be on
the Supreme Court, they serve for life. Almost all federal justices (except, for example,
bankruptcy judges) have life tenure so they do not have to worry about campaigns or about
pleasing the American people. Since they have life tenure, they can rule however they see fit,
without the burden of gaining public approval. Sometimes justices may be asked to resign. They
can be pressured to leave by the other justices because they have become senile. Other justices
may retire or quit if they become too sick to serve. When this happens, the president has the
opportunity to choose who they want to serve on the Supreme Court next. This is a huge
opportunity for the president and his/her political party because the justice’s term is for life.
Usually cases can be predicted based on a justice’s political and legal views. Republicans tend to
benefit when the majority of the justices are conservative, and democrats when the majority are
liberal.
After the president picks a candidate, it must be approved by the Senate. The Senate will
go through the candidate’s background, usually looking to see how that candidate ruled on
different past cases. This is done to see if a judge is too extreme on certain issues. If congress
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approves the president’s candidate, then that candidate is on the Supreme Court. This is the same
process for judges for both the federal district courts and the federal circuit courts.
The Chief Justice of the Supreme Court is appointed by the president. The other “chief
judge” of the circuit and district courts are based on seniority.
Famous American Trials: The Lincoln Assassination Conspirators – Alison Kleiner
The trial of the Lincoln Assassination Conspirators was one of much public interest. The
public wanted to insure justice for the murder of their president was served to the men involved
in the planning of his death.
Eight conspirators were held on trial together. Two other conspirators made up the group
of ten. One, John Wilkes Booth, was killed by police while trying to capture him, and the other,
John Surratt Jr., escaped to Canada and was captured a few years later and his own trial in
civilian court was held. The jury in the trial of Surratt Jr. was unable to reach a verdict, with
eight voting not guilty and four claiming he was guilty. Surratt Jr. was released.
The trial for the other eight was more complicated because the amount of evidence for
each individual greatly varied. Lewis Powell’s connection to the conspiracy was clear almost
beyond a reasonable doubt. This is because he was found with blood on his shirt, several
witnesses identified him as Steward’s (Secretary of State William Steward) attacker, had John
Wilkes Booth’s initials in his boot, and witnesses claimed to have seen him having in depth
conversation with Booth on multiple occasions.
David Herold’s connection was equally as clear. He was captured with the President’s
assassin, and had previously bragged to others about being “One of the assassinators of the
President”. His attorney placed all his hope on the defense of simple-mindedness and his client
having the mind of a child. He argued that Herold was under the control of Booth and was
merely a child.
The evidence for the third conspirator was not as clear. The stagehand at Ford’s theater,
Edman Spangler, played a minor but crucial role in Booth’s escape. He was the one that arranged
for Booth’s horse to be held by the back stage door. Many witnesses testified saying that they
saw Spangler assisting Booth in his escape. Spangler’s lawyer argued that his client knew
nothing of the assassination but simply agreed to hold his horse while Booth went in for some
quick business.
Based on a letter found in Booth’s hotel room the case surrounding Samuel Arnold was
built. In the letter Arnold agreed to help kidnap the President, the first plan devised by the
conspirators. However, Arnold’s lawyer argues that Arnold backed out of the insane plan and
left Washington many months before the assassination and had nothing to do with the
assassination of the President.
The most forgotten about conspirators of the eight on trial was Michael O’Laughlen. A
series of telegraphs between O’Laughlen and Booth was the base of the evidence for the
prosecution. In addition, a friend of O’Laughlen testified that they had both waited outside of
the hotel at which Booth was staying for quite awhile before the friend left O’Laughlen there.
The most crucial piece of evidence is the testimony of Major Kilburn Knox, who stated that on
the night before Lincoln’s assassination O’Laughlen wearing dark clothing entered the home of
Secretary of War, Edwin Stanton, and enquired into his whereabouts. Two other witnesses also
claimed to have seen him at Stanton’s home. His defense attorney, Walter Cox, argued that
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O’Laughlen did nothing on the night of the 14th, which he spent drinking at a bar, before he left
town the next day.
The prosecution argued that Booth assigned the job of killing Vice President Andrew
Johnson to George Atzerodt. A witness testified that Atzerodt, on April 12th asked around for
the Vice President’s whereabouts around the Kirkwood hotel where he and the Vice President
were staying. On further inspection of Atzerodt’s hotel room, the day after Lincoln’s
assassination, it was discovered that Atzerodt possessed many weapons and a bank book
belonging to Booth. Atzerodt’s attorney argued that his client was extremely cowardly and
could never have the courage to commit any crimes. He presented many witnesses that testified
that Atzerodt was a notorious coward.
The seventh conspirator, Mary Surratt, was said to be the keeper of “the nest that hatched
the egg”. Many witnesses testified that almost all of the conspirators frequented Surratt’s
boarding house in Washington. Other witnesses testified on how Surratt would lie about
knowing any of the others to the police when they initially interviewed her. A tavern keeper
testified against Surratt, saying that, three days before assassination she stopped by and hold him
that a man would be coming to pick of the weapons those three men (John Surratt, David Herold
and George Atzerodt) had given him weeks ago. Surratt’s lawyer argued that the tavern keeper
should not be listened too because he was a perpetual drunk.
The final conspirator, Dr. Samuel Mudd’s, case relied heavily on witness testimony of the
close relationship he had with Booth. Witnesses testified that they had seen Mudd helping Booth
buy a horse a few days prior to the assassination. This horse was the horse that Booth used to
escape Ford’s theater with. Many testimonies showed that Mudd had lied to police when he said
he did not recognize Booth when he treated his leg following the assassination. Mudd’s attorney
claimed that Mudd and Booth had only met once, and that all the other witnesses were
fabricating lies. He also argued that it was the doctor’s duty to fix the broken leg, even if it was
a broken leg of the President’s assassin.
The trial lasted seven weeks, and after a day of deliberation the jury had reached its
verdict. Four (Mary Surratt, Lewis Powell, George Atzerodt, and David Herold) were sentenced
to be hung till death. Three (Samuel Arnold, Dr. Samuel Mudd, and Michael O’Laughlen) were
sentenced to prison for life, and Edman Spangler was sentenced to six years of jail time.
Despite the many attempts of Mary Surratt’s lawyers to lessen her sentence, on July 7th
1865, the four prisoners were hung to their deaths. The other four were transported to a prison in
Florida. O’Laughlen was killed by yellow fever in prison two years later. The other three
received an eleventh hour presidential pardon from President Andrew Johnson in March of 1869.
Chapter 2 Review Questions
1. Name the different courts and state whether they have original and appellate jurisdiction
in both the Missouri system and the federal system.
2. Are judges in the Missouri court system elected?
3. Describe the route a case would take (starting in Missouri courts) if it were to reach the
United States Supreme Court.
4. Why would a court case change venue?
5. Give an example when the Supreme Court would use original jurisdiction.
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6. Why would a case go through the federal courts instead of the state courts? Explain the
reasoning behind this.
7. Explain the significance of writ of Certiorari.
8. How are federal judges chosen? Why is this significant?
9. What monetary value is the cut-off for small claims court in Missouri?
10. Name three of the special federal courts with subject matter jurisdiction.
Answers
1. State Courts- The circuit courts have original jurisdiction, the court of appeals have
appellate, and the Missouri Supreme Court has both original and appellate jurisdiction.
Federal Courts- District courts have original, court of appeals (circuit courts) has
appellate, and the Supreme Court has both original and appellate jurisdiction.
2. The lower courts in Missouri (circuit) have elections for their judges in every county
except St. Louis and Jackson. All of the other judges are appointed by the governor or by
a committee. Once elected they appear on the ballet unopposed. You either vote yes, or
no to keep them.
3. The court case would start in the Missouri circuit court, get appealed to the court of
appeals, get appealed to the Missouri Supreme Court, and finally be appealed to the
Supreme Court.
4. A case would change venue if too many people knew about the case which could
potentially affect the outcome of the case. A high profile murder case might need to be
moved because of the media and other distractions.
5. The Supreme Court would use original jurisdiction if an argument broke out between two
states.
6. The state courts will hear the majority of court cases. The only way the federal courts will
hear a case over the state courts when they have diversity jurisdiction, federal question
jurisdiction, or exclusive jurisdiction. Diversity exists when there is an argument between
citizens from different states and the amount exceeds $75000. Federal question
jurisdiction exists when there is a question pertaining to constitution. Finally, exclusive
jurisdiction is when certain cases are reserved for the federal courts.
7. Writ of Certiorari gives the Supreme Court the power to choose what cases they want to
hear. Four of the nine judges must want to hear the case before it is brought in front of the
Supreme Court.
8. Federal judges are appointed by the president and approved by Congress. It is important
that the judges are appointed and given life tenures so they can rule however they see fit.
They don’t have to worry about pleasing the public.
9. One can sue at small claims court if the value of the claim is $3000 or less.
10. Three special federal courts that exercise subject matter jurisdiction are the U.S. Court of
Federal Claims, the U.S. Tax Court and the U.S. Bankruptcy Court.
Chapter 2: State and Federal Courts
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Chapter 2: State and Federal Courts
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