Court Structure and Appeals Process PDF

Judicial Branch: Court Structure and the Appeals Process  Dual Court System  In the U.S., we have a dual court system  1. Federal Courts- Supreme Court, District Courts, Appeals  2. State Courts- Trial Courts, Appellate Courts, etc.  Handles the vast majority of cases in the U.S...

Judicial Branch: Court Structure and the Appeals Process  Dual Court System  In the U.S., we have a dual court system  1. Federal Courts- Supreme Court, District Courts, Appeals  2. State Courts- Trial Courts, Appellate Courts, etc.  Handles the vast majority of cases in the U.S.  Each handles issues and grievances at their level- model of federalism  Civil vs. Criminal Law  Criminal Law: covers actions that harm the community by breaking the law.  The government prosecutes the case  Conviction may lead to fines, imprisonment, or sometimes even the death penalty.  Example: An individual kills someone in an auto crash while under the influence of drugs and alcohol. The government will bring charges and try the case.  Civil vs. Criminal Law  Civil Law: type of law involving private rights and grievances between individuals or groups.  The plaintiff argues that they have been wronged and the defendant must provide a defense against the accusations.  Example: In the same hit and run case, on top of criminal charges filed in criminal court, the victim’s family may file a civil suit for wrongful death and sue for damages.  Jurisdiction  Jurisdiction: The authority to hear and rule on a case.  Jurisdiction determines whether a case is heard in state court or federal court and which one specifically (See back side of handout)  Exclusive Jurisdiction: One court has sole authority to hear a case.  Concurrent Jurisdiction: A case may be heard in more than one type of court (state or federal).  Plaintiff can choose which court may be more beneficial.  Jurisdiction  Original Jurisdiction: The authority to hear a case for the first time.  Appellate Jurisdiction: The authority to review the initial decisions of a lower court.  Trial courts, whether state trial courts or U.S. district courts, have original jurisdiction.  Courts of appeals at either state or federal levels, have appellate jurisdiction.  State Courts- 3 Main Types  Trial Courts (Superior Court)- civil or criminal trials that may be held before a single judge or jury.  Intermediate Appellate Courts- review the decisions of the trial courts in cases of appeal. Stands between the trial courts and the State’s Supreme Court.  State Supreme Court- highest court in the state judicial system.  Federal Courts Supreme Court- Highest court in the U.S. Inferior Courts- All other lower federal courts District Courts (94)- Trial courts that are the first to hear most federal cases. U.S. Court of Appeals (13)- Appellate courts that hear cases that have previously been ruled upon. They look for errors in case decisions.  Constitutional vs. Legislative (Special) Courts  Constitutional  Legislative Courts: Courts: those courts those courts established established by Article by Congress for 3 of the Constitution specialized purposes.  The Supreme  Examples: Court  U.S. Tax Court  District Courts  U.S. Court of  U.S. Courts of International Trade Appeals  U.S. Court of Appeals for the Armed Forces  The Appeals Process  Cases will start in lower trial courts, either state or federal.  If one side believes there has been an error in judgment, they can appeal the case to a higher court- an appellate court.  The appellate court can either uphold or overturn the decision.  The highest a case may be appealed is to the U.S. Supreme Court. Appeals Process to the Supreme Court  Activity- Which Court? Find a partner/small group and together, complete the activity, “Which Court?” You will read through a series of scenarios and determine which court would have jurisdiction over the case. For each case scenario, consider: - 1. Is it a state or federal case? - 2. Is the case being heard for the first time (original jurisdiction) or is it being appealed (appellate jurisdiction)? Ultimately decide which court would have the right to hear the case.  The Appeals Process to the U.S. Supreme Court Video Clip: How Does a Case Reach the Supreme Court? Steps: 1. Submit a petition for a writ of certiorari (cert) to review a lower court’s decision. 2. The petition is reviewed by clerks and justices. 3. Four justices must agree to hear the case and grant the writ. If they deny the petition, the lower court ruling stands.  The Supreme Court is More Likely to Hear a Case If… The Case is of National Importance or Controversy (Bush v. Gore, Obergefell v. Hodges, etc.) Lower Courts Have Invalidated or Conflicted with Federal Law Decisions Have Been Split in Lower Courts (Different courts have made different decisions on the same issue) The Case Presents a New Constitutional Question (Constitutional questions that have never been ruled upon are likely to draw attention)