Presentation Transcript

1. Supreme, Federal and State Court System

   8th Grade Social Studies LCJSMS Summit NJ 2013
2. Judicial System * Article III of The Constitution outlines the responsibilities of the judicial branch. * The U.S. judicial system has evolved over more than two centuries to meet the needs of a changing society. * Today’s federal and state courts not only resolve conflicts, but also shape public policy through the judicial review process.
3. Jurisdiction determines where cases are heard * One way to sort out what gets tried where in this dual system is to look at each court’s jurisdiction, or its authority to interpret and enforce laws. * For example, state courts have jurisdiction over cases arising under state law. * Federal courts are generally limited to cases involving federal law or the Constitution. * Within each system, jurisdiction is limited by three factors: level in the court hierarchy, geographic reach, and type of case.
4. Levels in Court Hierarchy * Each level within the hierarchy of the state or federal court system has a set of responsibilities. * The bottom of the hierarchy isTrial courts, who generally have original jurisdiction. This means they have the authority to hear a case for the first time. * Next is theappeals courts have appellate jurisdiction. This means they have the authority to review decisions made in lower courts.
5. Geographic Reach * With the exception of the Supreme Court, courts hear cases that arise within certain geographic boundaries. * Within a state judicial system, the geographic jurisdiction of a trial court is usually limited to the city or county in which that court operates. * The geographic reach of appellate courts and state supreme courts is greater than that of trial courts. * The federal system has 13 appellate courts. The U.S. Supreme Court accepts cases from anywhere in the United States and its territories
6. Type of Case * A case’s subject matter also determines where it will be tried. * At both the state and the federal levels, the typical trial court has general jurisdiction. This means the court can hear cases covering a variety of subjects. * Some courts, however, have limited jurisdiction. This means they specialize in certain kinds of cases. * For example, Traffic courts deal only with traffic violations. Bankruptcy courts only hear cases involving bankruptcy issues. Juvenile courts work only with young offenders.
7. Dual Court System
8. Dual Court System The United States has two separate but related court systems: one federal and one state. The two systems maintain exclusive jurisdiction in some areas but overlap when cases involve both state and federal laws.
9. Structure of State Courts - Trial courts - Appellate Courts - State Supreme Courts
10. Trial Courts * Local courts specialize in relatively minor criminal offenses or civil disputes. * These courts are known as justice-of-the-peace courts, magistrate courts, municipal courts, city courts, county courts, traffic courts, or small-claims courts. * Their hearings are generally informal and do not involve jury trials. Cases heard in these courts may be appealed to trial courts.
11. Appellate Courts Courts of appeals hear appeals from general trial courts. Though the structure varies from state to state, most state appeals courts employ three-judge panels to hear and decide cases.
12. Courts of Last Resort * The “courts of last resort” is known as the State Supreme Court which meets in the state’s capital. * Their jurisdiction includes all matters of state law. * Once a state supreme court decides a case, the only avenue of appeal left is the U.S. Supreme Court.
13. Structure of Federal Courts District Court Courts of Appeal Supreme Court
14. Federal Courts * Most cases involving federal law and the Constitution are tried in U.S. district courts. * Decisions made there can be appealed to higher courts, including the Supreme Court. * The federal judicial system also includes special courts with very specific jurisdictions.
15. Supreme Court * The Supreme Court is the court of last resort in the federal judicial system. * Supreme Court justices are selected through the same process used for all federal judges. However, their appointments generally attract a great deal more attention. * The president selects a nomination for the position . * Once a candidate has been selected, the nomination goes to the Senate Judiciary Committee for review. * The committee holds public hearings, during which it takes testimony from the nominee and from witnesses who support or oppose the appointment. * The Judiciary Committee then recommends, by majority vote, whether the full Senate should confirm or reject the nomination. * Finally, the full Senate votes on the nomination.
16. State or Federal Court
17. State or Federal Court ? 1. Martha shoots and kills her husband in New Jersey. 2. Larry's landlord refuses to return his damage deposit of $450 when Larry moves out of his apartment. Larry wants to sue his landlord, but doesn't want to hire a lawyer. In which court can Larry file suit? 3. Frank has been convicted of murder in superior court and his sentence is the death penalty. He appeals his case to which court? 4. Charlene is being tried for burning the American flag in front of the post office in Morristown. The Assistant United States Attorney files charges against her in which court? 5. Charlene appeals her conviction of defacing an American flag to which court? 

18. State or Federal ? 6. Jesse is arrested for driving while intoxicated within the city limits of a large city. In which court is he charged? 7. Elizabeth, who lives in Summit, crashes her car into Juan’s sports utility vehicle, causing injuries and damages of $120,000. Juan files a lawsuit in which court? 8. Disabled individuals appeal a jury verdict that a movie theater did not violate their rights under the federal Americans with Disabilities Act. In which court is the appeal filed? 9. Manya is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?