A Dual Court System
Business Law
Previously…

Explain the need for laws.

Compare the different sources of law.

Examine the constitutional basis for
federal law.

Ethical vs. Legal

Legal Rights & Responsibilities

Citizens / Non-Citizens

Minors / Adults
A Dual Court System
Objective
Essential Questions
We will compare
federal and state
court systems.

Which courts are
federal courts?

Which types of
courts are state
courts?

What is jurisdiction?

How is jurisdiction
determined – who
gets the case?
Federal Courts
Which cases go to Federal Courts?

Federal subjects
… cases that fall
under federal
jurisdiction

Cases involving
citizens from
different states or
from another
country
KEY TERM … Jurisdiction!
A
court’s
power to hear
a case and to
make a
judgment
 Almost like
having a
specific territory
or area of
responsibility
Federal Jurisdiction
Cases are brought to a federal court if…






The United States or a state is a party in the
case
Federal questions are raised (such as
violations of federal law or interpreting the
Constitution)
The parties are citizens of different states
and more than $75,000 is in dispute
Admiralty cases (pertaining to the sea)
Patents or copyrights
Bankruptcy
3 Tiers
of Federal Courts
U.S. District Courts

Trial courts with
original jurisdiction
over most federal
civil & criminal cases
… 94 total

Original Jurisdiction
– the power to hear
a case for the first
time

Judge & jury
(sometimes)
An appeal is a
request to a higher
court to reverse a
lower court’s
decision.
U.S. Circuit Court of Appeals

Appellate courts hear appeals and
review cases from lower courts

U.S. is divided into 13 judicial circuits
– each has one appellate court

3-judge panel, no witnesses, no
evidence, no jury … questions of law
only
The Supreme Court


Highest court in U.S.
Cases heard by
Justices




Chief plus 8 … for life!
Presidentially
appointed
Confirmed by
Congress
Accepts 100 – 150
cases from ~7,000
appeals a year
United States
Supreme Court
Courts of Appeals
District Courts
Special Federal Courts
Courts with a purpose!
U.S. Court of Claims
 Located
in
Washington,
D.C.
 Handles
cases
involving suits
against the
government
Bankruptcy Courts
 Handle
cases
arising under
the Bankruptcy
Code
 Attached
to
each U.S.
District Court
U.S. Court of Military Appeals
 Final
appellate
court for cases
arising under
the Uniform
Code of Military
Justice
U.S. Tax Court
 Handles
cases
arising over
alleged tax
deficiencies
Closing Task #1
1)
Define jurisdiction. How is the concept of
“jurisdiction” applied to court cases?
2)
List at least 3 examples of cases that would
automatically fall under federal jurisdiction.
3)
How many tiers (levels) of federal courts do
we have in the United States?
4)
Some federal topics are more complicated
than others. List at least 2 examples of
“special” federal courts and a brief
description of their purpose.
State Courts
Each state has its own court system.
The general pattern stays the same...
The state court
system is
established by
the state’s
Constitution
and laws.
State court judges
are selected by
election,
appointment
(term or life) or a
combination of
both.
specific
types of
cases
in / near
the county
courthouse
single
judge (no
jury)
cases
outside of
limited
jurisdiction
judge with
a jury
“matter of
right”
appeals
2–3
judges on
a panel
Primarily
discretionary
review; matter of
right in states
without appellate
courts
usually in 3, 5, 7, or 9the state’s
judge
capital city
panel
probate (estate
/ death), family,
traffic, juvenile,
small claims,
municipal
a.k.a. circuit
civil &
courts,
criminal
superior
cases (main
courts, courts
trial courts in of common
state)
pleas
appeals with
procedural
mistakes &
errors of law
appeals! some
original
jurisdiction
(elections,
voting districts,
etc.)
NOT in all
states
no facts, no
evidence
a.k.a.
supreme
court, court
of appeal