federal and state courts
Post on 20-May-2015
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The Federal Courts
• Original Jurisdiction: Court hears cases for the first time.
• Appellate jurisdiction: Court hears cases on appeal, or cases that have been heard by a lower court in the past.
U.S. District Courts (lowest level of federal courts) Total: At least 1 per state (89 total)
ORIGINAL JURISDICTION ONLY—ONLY HEAR CASES FOR THE FIRST TIME
Jury? Yes, this is the only federal court with a jury. Number of judges? At least 2 judges per court. Who appoints the judges? The president of the U.S. appoints and
the U.S. Senate confirms. How much are they paid? $169,300 How long do they serve? Lifetime tenure. Types of Cases Heard: 300,000 criminal and civil cases per year. Criminal cases
include mail fraud, income tax evasion, bank robbery and treason. Civil cases include disputes involving labor relations, public lands, copyright and patent laws, and civil rights.
The U.S. District Court in Trenton
In NJ, we have 3 district courts:
• Newark• Camden• Trenton
U.S. Court of Appeals• Appellate jurisdiction only
Jury? No, only a panel of judges—trials are not held here, rather a panel of 3+ judges hears arguments from attorneys on either side and reviews the lower court trial records.
Number of judges? 6-27 judges per court Who appoints the judges? The U.S. President appoints and Senate approves How much are they paid? $179,500/year How long do they serve? Lifetime appointment How do the judges decide on a case? (hint: 1 of 3 rulings)
1. uphold the lower court’s verdict2. return the case to the lower court for a new trial3. overturn the lower court’s verdict
THE U.S. SUPREME COURTMostly APPELLATE Jurisdiction (cases from lower federal and state courts) AND ORIGINAL
JURISDICTION (cases with foreign diplomats and cases involving a state)How do they choose their cases? Cases that pose significant legal or constitutional questions
or are of great public interest and concern. How many petitions vs. cases heard? 6,000 petitions, 150 chosen for a full hearing. Define: Judicial Review: the Court can review any federal or state law to see if it is in
agreement with the Constitution. If the Court finds that a law is unconstitutional, it can nullify (cancel) the law.
How many justices? 9—8 associate judges and 1 chief justice How much are they paid? $213,900 Associate Judges and $223500 for Chief Justice How long do they serve for? Lifetime
Current US Supreme Court Justices
US Tax Court
• Hears appeals dealing with federal tax laws• Hears cases from taxpayers who have a
dispute with the IRS
US Court of Federal Claims
• Citizens who sue the government for money• If the citizen wins the case, Congress must
appropriate money to pay the claim
US Court of Military Appeals
• Appeals court for military trials
US Court of Int’l Trade
• Trade and tariff laws.
State Court
• Misdemeanor: “lesser” crime, one punishable with
incarceration for one year or less• Felony: a serious crime
Misdemeanor or Felony?
Municipal Court
• Type of Jurisdiction: Original
• Other names for this type of court?Justice court/ police court• What types of cases do these courts hear?
Traffic violations, disturbing the peace, civil cases involving small sums of money
• Where are these courts found?Towns, cities, small communities
General Trial Court• All different types, depending on the state, but mostly original
jurisdiction for felonies
• How is innocence or guilt determined in this type of court?• Juries of 12 hear and decide cases. A judge guides the jury and does the
sentencing
• What types of cases do these courts hear? • Felonies
• Where are these courts found?• Depends on the state. In NJ, each county has a general trial court
Essex County Courthouse
State Appellate Courts
• Appellate jurisdiction only (cases from trial court)• Why would an appellate court review a case/hear
an appeal?• Usually because the trial court violated one of the
defendant’s constitutional rights to a fair trial.
• Who works in this type of court?• No jury, panel of judges reviews the records of the
trial court’s proceedings.
State Supreme Court
• Mostly appellate jurisdiction• Who works in this type of court? How do they
get their job?No jury, panel of judges, usually elected by voters
(in NJ, appointed by governor)• How do they hear cases in this type of court?• The judges hear arguments from lawyers on
both sides and decides the case by majority vote
NJ State Supreme Court
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