SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 A...

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SUNY CRIMINAL & BUSINESS LAW

A Dual Court System A Dual Court System Section 2.1Section 2.1

The Court System MUSOLINO

Section 2.1Section 2.1A Dual Court System A Dual Court System

Section 2.2Section 2.2Trial Procedures Trial Procedures

22 unitunit The Court SystemThe Court System

What You’ll Learn

How to determine a court’s jurisdiction How to determine a court’s jurisdiction (pp. 28-31) (pp. 28-31)

How to explain the structure of the How to explain the structure of the federal court system (p. 28)federal court system (p. 28)

What You’ll Learn

How to explain the role of the United How to explain the role of the United States Supreme Court (p. 30)States Supreme Court (p. 30)

How to explain the structure of the state How to explain the structure of the state court system (p. 30)court system (p. 30)

What You’ll Learn

How to describe the difference between a How to describe the difference between a juvenile who is unruly and one who is juvenile who is unruly and one who is delinquent (p. 31)delinquent (p. 31)

Why It’s Important

Learning the structure of the court systems Learning the structure of the court systems in the United States will help you in the United States will help you understand how the legal system works.understand how the legal system works.

Legal Terms

jurisdiction (p. 28)jurisdiction (p. 28)diversity of citizenship (p.28)diversity of citizenship (p.28)original jurisdiction (p. 28)original jurisdiction (p. 28)appellate court (p. 29)appellate court (p. 29)intermediate court (p. 29)intermediate court (p. 29)appellate jurisdiction (p. 29)appellate jurisdiction (p. 29)

Legal Terms

limited jurisdiction (p. 30)limited jurisdiction (p. 30)general jurisdiction (p. 31)general jurisdiction (p. 31)delinquent child (p. 31)delinquent child (p. 31)unruly child (p. 31)unruly child (p. 31)neglected or abused child (p. 32)neglected or abused child (p. 32)

The Federal Court System District CourtsCourts of AppealsSpecial U.S. CourtsSupreme Court

Section OutlineSection Outline

State Court Systems Local Trial CourtsGeneral Trial CourtsSpecial CourtsIntermediate Appellate CourtsSupreme Courts

Section OutlineSection Outline

Pre-Learning QuestionPre-Learning Question

Over which types of cases does the federal court system have jurisdiction?

The Federal Court System The Federal Court System Federal courts hear cases involving

Federal mattersMatters involving diversity of citizenship

The Federal Court System The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment.

The Federal Court SystemThe Federal Court System Federal courts have jurisdiction over:

Actions in which the United States or one state is a party, except those actions between a state and its citizens.Cases that raise a federal question, such as interpreting the Constitution.

The Federal Court SystemThe Federal Court System Federal courts have jurisdiction over:

Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in dispute exceeds $75,000.Admiralty cases, or those pertaining to the sea .

The Federal Court System The Federal Court System Federal courts have jurisdiction over:

Patent and copyright cases.Bankruptcy cases.

The Federal Court SystemThe Federal Court System Federal courts are arranged in three steps, or tiers:

U.S district courtsU.S. courts of appealsThe U.S. Supreme Court

District CourtsDistrict Courts District courts have original jurisdiction over most federal court cases.Original jurisdiction means trying a case the first time it is heard.

Courts of Appeals Courts of Appeals The U.S. courts of appeals are also called appellate courts.They are intermediate courts, courts between lower courts and the highest court.They hear appeals and review cases from lower courts.

Courts of AppealsCourts of Appeals They have appellate jurisdiction, meaning that any party to a suit decided in a federal district court may appeal to the federal court of appeals in the circuit where the case was tried.

Special U.S. Courts Special U.S. Courts Congress has established several special federal courts that have jurisdiction in cases, including:

Suits brought by citizens against the federal government.

Special U.S. CourtsSpecial U.S. Courts Disagreements over taxes on imported goods.Disputes between taxpayers and the Internal Revenue Service.

Supreme Court Supreme Court Is the highest court in the land.Has original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party.

Supreme Court Supreme Court Must hear all cases that involve the constitutionality of the federal law.Also decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts.

What does jurisdiction mean?

ANSWERANSWER

The power and authority given to a court to hear a case and to make a judgment.

Pre-Learning QuestionPre-Learning Question

Do all states have the same court system?

State Court SystemsState Court Systems Each state has its own court system. However, the general pattern is the same in all states.

Local trial courtsGeneral trial courts

State Court Systems State Court Systems Special courtsIntermediate appellate courtsSupreme courts

Local Trial CourtsLocal Trial Courts Local courts are courts of limited jurisdiction.Limited jurisdiction means they handle minor matters, such as misdemeanors and civil actions involving small amounts of money.

General Trial Courts General Trial Courts Each county in most states has at least one general trial court.It has general jurisdiction.All cases involving major crimes and large amounts of money must begin in one of these courts.

Special CourtsSpecial Courts Courts have been established in many states to handle specialized cases.

Domestic relations courts handle divorce, annulment, and dissolution proceedings.Juvenile courts have jurisdiction over delinquent, unruly, abused, or neglected children.

Juvenile CourtsJuvenile CourtsA delinquent child is a minor who has committed an adult crime.An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

Juvenile CourtsJuvenile CourtsA neglected or abused child is one who is homeless, destitute, or without adequate parental care.He or she may become a ward of the state.

Supreme CourtsSupreme Courts The highest court in most states is known as the supreme court. Typically these courts decide matters of law appealed from lower courts.

2.12.1

Court Systems in the United StatesCourt Systems in the United States

U.S. Supreme CourtU.S. Supreme Court

U.S. Court of AppealsU.S. Court of Appeals

U.S. District CourtsU.S. District Courts Appellate CourtsAppellate Courts

General Trial CourtsGeneral Trial Courts

Lower Trial CourtsLower Trial Courts

State Supreme CourtsState Supreme Courts

Reviewing What You Learned

1. What are the differences among original, appellate, limited and general jurisdiction?

Section 2.1 Assessment

Original: district courts have authority to try a case the first time it is heard.

Answer

Appellate: any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried.

Answer

Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money.

Answer

General: general trial courts handle the major civil and criminal cases in each state.

Answer

2. How are the federal courts structured?

Three tiers:

Answer

U.S. district courts; U.S. courts of appeals; U.S. Supreme Court

3. What is the role of the United States Supreme Court?

The Supreme Court is the highest court with both original and appellate jurisdiction.

Answer

4. How are most state courts structured?

Tiers of local trial courts, general trial courts, intermediate appellate courts, and supreme courts.

Answer

5. Explain the differences among unruly, delinquent, and abused or neglected juveniles.

Unruly: minor who has committed an act that would not be a crime if an adult did it.

Answer

Delinquent: minor who has committed an act that would be a crime if an adult did it.

Answer

Neglected/abused: homeless, destitute, or without adequate parental care

Answer

Critical Thinking ActivityJuvenile Law Why is it important to be able to distinguish among unruly, delinquent, and abused or neglected juveniles?

Answers could suggest that crimes committed by an unruly child are not as serious as those committed by delinquents and need a lesser punishment. Abused children may be treated with leniency.

Critical Thinking Activity Answer Juvenile Law

Legal Skills in ActionStructure of the Court System Your 30-year-old brother says he has no faith in the legal system, and for that reason, will never sue anyone.

With a partner, role-play a response to your brother’s argument. Explain why understanding the structure of the federal court system might benefit him, even if he never intends to be a plaintiff in a lawsuit.

Legal Skills in Action Structure of the Court System

Role-plays will vary, but should demonstrate an understanding of the federal court system.

Legal Skills in Action AnswerStructure of the Court System

SUNY CRIMINAL & BUSINESS LAW A Dual Court System Section 2.1 The Court System MUSOLINO Section 2.1 A...

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