Chapter 5 – A Dual
Court System
Federal and State Courts
New Vocabulary
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Jurisdiction = power and authority given to a
court to hear and to make a judgment.
Diversity of citizenship = actions between
citizens of different states
Original Jurisdiction = authority to hear the
case the first time it is heard
Federal Court System
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Power comes from Article III of U.S.
Constitution
Have jurisdiction over actions over which
1.
2.
The U.S. or a state is a party (except those
between a state and its citizens)
Cases that raise a federal question (interpreting
the U.S. Constitution or violation or interpretation
of a federal law
Federal Court System (cont.)
3. Diversity of citizenship – where amount exceeds
$50,000
4. Admiralty (pertaining to the sea), patent-right,
copyright, and bankruptcy cases.
Federal Courts

District Courts
 Original jurisdiction over federal court
cases (authority to try the case the first time it
is heard)
 Most federal cases begin in U.S. District
courts
 Trial courts of the U.S. Government
 At least one is in each state. Some states
have more than one (total 95 district courts;
WA has two district courts).
U. S. Courts of Appeals
Intermediate courts (between lower and
higher courts)
 Have authority to hear appeals and
review cases from lower courts.
 Have appellate jurisdiction (hear cases
from federal district courts)
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U. S. Courts of Appeals (cont)
13 judicial circuits
 Most decided by a panel of three
judges; no witnesses, no evidence
presented, no juries
 Only questions of law can be raised on
appeal, not questions of fact (reason not
all cases can be appealed).
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Special U. S. Courts

Have jurisdiction only in cases
 involving citizens against the federal
government
 disagreements over taxes on
imported goods
 disputes between taxpayers and
Internal Revenue Service
U.S. Supreme Court
Highest court in the land
 Has both original and appellate
jurisdiction
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 Original
jurisdiction in cases involving
ambassadors, consuls, other public ministers,
and cases in which a state is a party.
 Appellate jurisdiction is main function
.
U. S. Supreme Court (cont.)
Must hear all cases involving
constitutionality of federal law
 Court decides by vote of at least four of
nine judges which cases it will hear
from U.S. Courts of Appeals or the
State Supreme Courts
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State Court System
Lower Trial Courts (Justice, Magistrate’s
and Municipal Courts)
 General Trial Courts (District, County,
Circuit, Common Pleas or Superior Courts)
 Appellate Courts (Court of Appeals)
 State Supreme Courts
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State Local Trial Courts

Local jurisdiction – in minor manners
(misdemeanors and civil actions involving small
amounts of money)
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Justice of the peace courts, traffic courts, police
courts, municipal courts,
Juvenile offenses may be heard in these courts
Small claims
Family disputes
State Special Courts

Jurisdiction is limited to a particular subject
matter
Land courts = boundary disputes
 Housing courts = rental property cases
 Divorces, child cases and other family matters
 Probate court = estates of deceased persons
 Juvenile courts = special jurisdiction over
delinquents and neglected children up to age 18
(exist at both state & local level)
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State Intermediate Appellate Courts
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Hear appeals from courts of
general jurisdiction
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Must accept all appeals filed with it
 If parties feel did not have fair trial in lower
court
 If feel judge did not properly interpret law
 Hear cases only on questions of the law, not
on questions of fact
State Intermediate Appellate Courts (cont.)
 Hear
only oral arguments
from attorneys (no witnesses)
 Judges study legal documents and records
in the case.
 Review facts only when evidence that
judge or jury was prejudiced and decided
against what was presented in the trial
Court of Appeals (Cont.)
Has authority to:
 Reverse
(overrule)
 Remand (send back to lower court)
 Modify
 Affirm
decision of the lower court
State Supreme Courts

Highest Court in state
Maine & Massachusetts call it Supreme Judicial
Court
 Make final decisions on matters of law appealed
from lower courts.
 Do not retry a case and redetermine the facts.
 Only decide whether an error was made in lower
courts in determining the law.
 In many states, decides what cases it wishes to
hear.
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