The U.S. Dual Court System

Business Law

Previously…yExplain the need for laws.

Compare the different sources of law.

E i h i i l b i fExamine the constitutional basis for federal law.

Describe the executive, legislative, and j dicial branches of the legaland judicial branches of the legal system.

Today’s Objectivesy jCompare federal and state court systems.

Identify the types of courts at eachIdentify the types of courts at each level of government.Examine the courts’ differing jurisdictions.jCompare the types of cases heard b h tby each court.

Federal Courts

Which cases go to Federal Courts?Which cases go to Federal Courts?Federal subjects

th t f ll… cases that fall under federal jurisdiction

Cases involvingCases involving citizens from different states or from another country

KEY TERM … Jurisdiction!A court’s power to hear a caseto hear a case and to make a j dgmentjudgmentAlmost likeAlmost like having a specific territory or areaterritory or area of responsibility

Federal JurisdictionCases are brought to a federal court if…

Th U it d St t t t i t i thThe United States or a state is a party in the caseFederal questions are raised (such asFederal questions are raised (such as violations of federal law or interpreting the Constitution)Constitution)The parties are citizens of different states andmore than $75,000 is in dispute, pAdmiralty cases (pertaining to the sea)Patents or copyrightspy gBankruptcy

3 Tiers of Federal Courts

U.S. District CourtsTrial courts with original jurisdictionoriginal jurisdiction over most federal civil & criminal cases … 94 totalOriginal Jurisdiction –gthe power to hear a case for the first timeJudge & jury (sometimes)

A l iAn appeal is a request to a higherrequest to a higher court to reverse a

l t’lower court’s decisiondecision.

U.S. Circuit Court of AppealsppAppellate courts hear appeals and

i f l treview cases from lower courtsU.S. is divided into 13 judicial circuitsU.S. is divided into 13 judicial circuits – each has one appellate court3 j d l it3-judge panel, no witnesses, no evidence, no jury … questions of lawonly (did lower court correctly apply law?)

The Supreme CourtpHighest court in the U SU.S.Cases heard by JusticesJustices

Chief plus 8 … for life!

P id ti ll i t dPresidentially appointed

Confirmed by Congress

Accepts 100 – 150 cases from about 7 000 appeals a year7,000 appeals a year

United StatesS C tSupreme Court

Courts of Appeals

District CourtsDistrict Courts

Special Federal Courts

Courts with a purpose!

U.S. Court of ClaimsLocated in Washington, D CD.C.

Handles casesHandles cases involving suits

i t thagainst the governmentg

Bankruptcy Courtsp yHandle cases arising under the Bankruptcythe Bankruptcy Code

Attached to h U Seach U.S.

District Court

U.S. Court of Military Appealsy ppFinal appellate court for casescourt for cases arising under the Uniformthe Uniform Code of Milit J tiMilitary Justice

U.S. Tax CourtHandles cases arising over

ll dalleged tax deficienciesdeficiencies

State Courts

Each state has its own court system.The general pattern stays the same...