The U.S. Dual Court System
Business Law
Previously…
y
` Explain
the need for laws.
` Compare
the different sources of law.
` Examine
E
i
the
h constitutional
i i
lb
basis
i ffor
federal law.
` Describe
the executive, legislative,
and jjudicial
dicial branches of the legal
system.
Today’s
y Objectives
j
Compare federal and state court
systems.
` Identify
the types of courts at each
level of government.
` Examine
the courts’ differing
j
jurisdictions.
` Compare
the types of cases heard
b each
by
h court.
t
Federal Courts
Which cases go to Federal Courts?
` Federal
subjects
… cases that
th t ffallll
under federal
jurisdiction
` Cases
involving
citizens from
different states or
from another
country
KEY TERM … Jurisdiction!
` A court’s
power
to hear a case
and to make a
j dgment
judgment
` Almost
like
having a specific
territory or area
of responsibility
Federal Jurisdiction
Cases are brought to a federal court if…
`
`
`
`
`
`
The United
Th
U it d St
States
t or a state
t t is
i a party
t in
i the
th
case
Federal questions are raised (such as
violations of federal law or interpreting the
Constitution)
The parties are citizens of different states and
more than $75,000
,
is in dispute
p
Admiralty cases (pertaining to the sea)
Patents or copyrights
py g
Bankruptcy
3 Tiers of Federal Courts
U.S. District Courts
`
Trial courts with
original jurisdiction
over most federal civil
& criminal cases … 94
total
`
Original
g
Jurisdiction –
the power to hear a
case for the first time
`
Judge & jury (sometimes)
An appeall is
A
i a
request to a higher
court to reverse a
l
lower
court’s
t’
decision.
decision
U.S. Circuit Court of Appeals
pp
` Appellate
courts hear appeals and
review
i
cases ffrom lower
l
courts
t
` U.S.
is divided into 13 judicial circuits
– each has one appellate court
` 3-judge
3j d
panel,l no witnesses,
it
no
evidence, no jury … questions of law
only (did lower court correctly apply law?)
The Supreme
Court
p
`
Highest court in the
US
U.S.
`
Cases heard by
Justices
`
`
Chief plus 8 … for life!
`
P id ti ll appointed
Presidentially
i t d
`
Confirmed by Congress
Accepts 100 – 150
cases from about
7 000 appeals a year
7,000
United States
S
Supreme
C
Courtt
Courts of Appeals
District Courts
Special Federal Courts
Courts with a purpose!
U.S. Court of Claims
` Located
in
Washington,
DC
D.C.
` Handles
cases
involving suits
against
i t the
th
g
government
Bankruptcy
p y Courts
` Handle
cases
arising under
the Bankruptcy
Code
` Attached
to
each
hU
U.S.
S
District Court
U.S. Court of Militaryy Appeals
pp
` Final appellate
court for cases
arising under
the Uniform
Code of
Milit
Military
JJustice
ti
U.S. Tax Court
`Handles
cases
arising over
alleged
ll
d tax
deficiencies
State Courts
Each state has its own court system.
The general pattern stays the same...