2chapter section opener / closer: insert book cover art a dual court system section 2.1
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22ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
A Dual Court SystemA Dual Court SystemSection 2.1Section 2.1
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Section 2.1Section 2.1A Dual Court System A Dual Court System
Section 2.2Section 2.2Trial Procedures Trial Procedures
22ChapterChapter The Court SystemThe Court System
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The 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)
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
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)
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
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)
Understanding Business and Personal Law
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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.
Understanding Business and Personal Law
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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 courts (p. 29)appellate courts (p. 29)intermediate courts (p. 29)intermediate courts (p. 29)appellate jurisdiction (p. 29)appellate jurisdiction (p. 29)
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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)
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
The Federal Court System District CourtsCourts of AppealsSpecial U.S. CourtsSupreme Court
Section OutlineSection Outline
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
State Court Systems Local Trial CourtsGeneral Trial CourtsSpecial CourtsIntermediate Appellate CourtsSupreme Courts
Section OutlineSection Outline
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Pre-Learning Question Pre-Learning Question
Over which types of cases does the federal court system have jurisdiction?
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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The Federal Court System The Federal Court System Federal courts hear cases involving
federal mattersmatters involving diversity of citizenship
Understanding Business and Personal Law
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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.
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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The Federal Court System The 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 citizenscases that raise a federal question, such as interpreting the Constitution
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The Federal Court System The 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 $75,000admiralty cases, or those pertaining to the sea
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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The Federal Court System The Federal Court System Federal courts have jurisdiction over:
patent and copyright casesbankruptcy cases
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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The Federal Court System The Federal Court System Federal courts are arranged in three steps, or tiers:
U.S district courtsU.S. courts of appealsthe Supreme Court
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District Courts District Courts District courts have original jurisdiction over most federal court cases.Original jurisdiction means trying a case the first time it is heard.
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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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.
Understanding Business and Personal Law
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Courts of Appeals Courts 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.
Understanding Business and Personal Law
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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
Understanding Business and Personal Law
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Special U.S. Courts Special U.S. Courts disagreements over taxes on imported goodsdisputes between taxpayers and the Internal Revenue Service
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A Dual Court System A Dual Court System Section 2.1Section 2.1
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Supreme Court Supreme Court is the highest court in the landhas original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party
Understanding Business and Personal Law
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Supreme Court Supreme Court must hear all cases that involve the constitutionality of the federal lawalso decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts
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What does jurisdiction mean?
Understanding Business and Personal Law
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ANSWERANSWER
The power and authority given to a court to hear a case and to make a judgment.
Understanding Business and Personal Law
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Pre-Learning Question Pre-Learning Question
Do all states have the same court system?
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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State Court Systems State Court Systems Each state has its own court system. However, the general pattern is the same in all states.
local trial courtsgeneral trial courts
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State Court Systems State Court Systems special courtsintermediate appellate courtssupreme courts
Understanding Business and Personal Law
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Local Trial Courts Local 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.
Understanding Business and Personal Law
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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.
Understanding Business and Personal Law
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Special Courts Special 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.
Understanding Business and Personal Law
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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.
Understanding Business and Personal Law
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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.
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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Supreme Courts Supreme Courts The highest court in most states is known as the supreme court. Typically these courts decide matters of law appealed from lower courts.
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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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
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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Reviewing What You Learned
1. What are the differences among original, appellate, limited and general jurisdiction?
Section 2.1 Assessment
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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Reviewing What You Learned
Original: district courts have authority to try a case the first time it is heard.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
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.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
General: general trial courts handle the major civil and criminal cases in each state.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
2. How are the federal courts structured?
Section 2.1 Assessment
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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Reviewing What You Learned
Three tiers:
Section 2.1 Assessment
Answer
Lowest—U.S. district courts located throughout U.S. Middle—U.S. courts of appeals Highest—Supreme Court
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
3. What is the role of the United States Supreme Court?
Section 2.1 Assessment
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
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Reviewing What You Learned
The Supreme Court is the highest court with both original and appellate jurisdiction.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
4. How are most state courts structured?
Section 2.1 Assessment
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
Tiers of local trial courts, general trial courts, intermediate appellate courts, and supreme courts.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
5. Explain the differences among unruly, delinquent, and abused or neglected juveniles.
Section 2.1 Assessment
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Reviewing What You Learned
Unruly: minor who has committed an act that would not be a crime if an adult did it.
Section 2.1 Assessment
Answer
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A Dual Court System A Dual Court System Section 2.1Section 2.1
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Reviewing What You Learned
Delinquent: minor who has committed an act that would be a crime if an adult did it.
Section 2.1 Assessment
Answer
Understanding Business and Personal Law
A Dual Court System A Dual Court System Section 2.1Section 2.1
The Court System
Reviewing What You Learned
Neglected/abused: homeless, destitute, or without adequate parental care
Section 2.1 Assessment
Answer
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A Dual Court System A Dual Court System Section 2.1Section 2.1
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Section 2.1 Assessment
Critical Thinking ActivityJuvenile Law Why is it important to be able to distinguish among unruly, delinquent, and abused or neglected juveniles?
Understanding Business and Personal Law
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Section 2.1 Assessment
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 AnswerJuvenile Law
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Section 2.1 Assessment
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.
Understanding Business and Personal Law
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Section 2.1 Assessment
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
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Section 2.1 Assessment
Role-plays will vary but should demonstrate an understanding of the federal court system.
Legal Skills in Action AnswerStructure of the Court System
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A Dual Court SystemA Dual Court SystemEnd of Section 2.1End of Section 2.1