intro to the federal court system

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Page 1: Intro to the Federal Court System

8/8/2019 Intro to the Federal Court System

http://slidepdf.com/reader/full/intro-to-the-federal-court-system 1/9

Page 2: Intro to the Federal Court System

8/8/2019 Intro to the Federal Court System

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Page 3: Intro to the Federal Court System

8/8/2019 Intro to the Federal Court System

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 What is the purpose of the Judicial Branch of 

government?

Interpret the law: what does this mean?

 What is the difference between criminal & civil

cases?

How about statutory & common law?

It is an adversarial system: meaning what?

 Who are litigants?

Individuals or groups with standing to sue

Class action suits Justiciable disputes

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STATE ROUTE FEDERAL ROUTE

State Trial Courts

Intermediate

Appellate Courts

50 State Supreme Courts

94 District Courts

12 Circuit Courts of 

Appeals & Court of Appeals

For the Federal Circuit

Supreme Court of 

The United States

Original Jurisdiction:

Cases involving

ambassadors &

diplomats; some cases

in which a state is a

party

Cases involving state

law are tried in state

trial courts

Party loses & appeals

Further appeal for ruling

by highest state court

Cases involvingConst. / federal law

are tried in federal

district (trial) court

Appeals of ruling by districtcourts & decisions by regulatory 

or administrative agencies

Legislative Courts

Mil. Appeals,

Internatl, Tax; Judges

have f ixed terms

Less than 5%

Almost 30%; mustraise a f ederal 

questionOver 65%

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The State Trial Courts ² State Courts of Original Jurisdiction:

The vast majority of cases occur in the state system, &most (whether criminal or civil) never actually end up in

trial ² why not?

In Illinois, we call the state courts the ´Circuit Courts,µ &

they include a number of different categories (criminal,

divorce, traffic, etc.)

In the state system, these are the only courts in which an

actual ́ trialµ will ever occur ² what does this mean?

 What about Judge Judy, The People·s Court, etc.?

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The Federal District Courts ² Federal Courts of Original

 Jurisdiction:

There are a total of 94 - in the federal system, these are

the trial courts

 What kinds of cases start in the federal district court,

rather than the state trial courts?

Federal crime/federal civil law 

Diversity of citizenship 

Federal Magistrates are hired (due to workload issues for  judges) to handle warrants, simple motions, bail issues,

 preside w/ consent of parties

U.S. Attorneys prosecute cases on behalf of the U.S.

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The Federal Courts of Appeals ² Courts of Appellate

 Jurisdiction:

There are a total of 12 Circuits, each with jurisdiction over 

an area including a number of district courts, & including 

one ´Court of Appeals for the Federal Circuitµ which

serves as a nationwide appeals court for certain issues

(patents, etc.)

Typicall y work in panels of three, except for ver  y  

significant cases in which the y hear cases en banc

U.S. Solicitor General·s office is charged with handling 

a ppeals on behalf of the U.S., determining whether to 

seek a ppeal to Su preme Court 

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Chief Justice John Roberts

Elena Kagan

 Antonin Scalia

 Anthony Kennedy

Clarence ThomasRuth Bader Ginsburg

Stephen Breyer 

Samuel Alito Jr.

Sonia Sotomayor 

Liberal ConservativeSwing

Kagan

Ginsburg

Breyer 

Sotomayor 

Scalia

Thomas

Roberts Alito

Kennedy