The Courts and What They Do

Structure of U.S. Court System

State Trial Cts

State Cts of Appeals

State Supreme Courts

Federal Trial Cts

U.S. Circuit Cts

U.S. Supreme Court Original jurisdiction

What Courts Do

Resolve Disputes– Civil Cases– Criminal Cases

Interpret Law– Regulations (from bureaucracy)– Statutes– Constitution– Judicial Review

Civil Law

Plaintiff v. Defendant Types of Civil Law

– Contracts– Torts

Sources of Civil Law– Statutes– Common Law

Criminal Law

State v. Individual (or Corporation) Statutory

Interpreting Law and Judicial Review

Do bureaucratic regulations square with legislation?

Does legislation square with the constitution?

Trial Courts

Find facts Apply law to facts May use juries

Appellate Courts

Was the law correctly interpreted and applied? Don’t mess with facts! No juries, no witnesses

– Briefs– Oral argument– “the record”

State Courts

97% of cases filed in state court Most states elect judges

Federal Courts

Judges appointed– Senatorial courtesy

Life tenure Salary secure