presented by washington state administrative office of the courts court overview charlotte jensen...

25
Presented by Washington State Administrative Office of the Courts Court Overview Charlotte Jensen Judicial Education Services February 21-22, 2007

Upload: russell-hart

Post on 16-Dec-2015

218 views

Category:

Documents


2 download

TRANSCRIPT

Presented by

Washington StateAdministrative Office of the Courts

Court Overview

Charlotte JensenJudicial Education Services

February 21-22, 2007

c

Objectives

Understand the dual systems of the courts.

Recognize similar yet independent nature.

Terminology.

c

Organization

U.S. Supreme Court

Federal Circuit Court of Appeals

U.S. Circuit Court of Appeals

Washington Supreme Court

Washington Court of Appeals

Superior Court

District Court

U.S. District Court

Municipal Court

c

Filing Determination

Before a court may hear a case, it must have jurisdiction.

Original Jurisdiction.

Appellate Jurisdiction.

General Jurisdiction.

c

Jurisdiction

Subject Matter Jurisdiction

in Personum Jurisdiction

in Rem Jurisdiction

Concurrent Jurisdiction

Exclusive Jurisdiction

c

U.S. Supreme Court

Only court created by the U.S. Constitution.

Nine justices.

Jurisdiction is varied and usually of an appellate nature.

c

Federal Courts of Appeal

13 U.S. Courts of Appeal

Twelve courts have appellate jurisdiction over the federal district courts within their respective jurisdictions.

One court (Federal Circuit Court of Appeals) has national appellate jurisdiction in patent law cases and those cases in which the U.S. government is a defendant.

c

U.S. District Courts

At least one federal district court in every state.

Civil and criminal subject matter jurisdiction

Claims based on U.S. Constitution, a treaty, a question of federal law or criminal offense, or when the federal government is a party to the suit.

Diversity of citizenship + $75,000.

c

Washington Supreme Court

Highest court of the state.

Nine Supreme Court justices, elected to six-year terms.

Original jurisdiction for petitions against state officials.

Appellate jurisdiction for Court of Appeals.

Appellate jurisdiction for direct appeals:

Actions involving state officers or employees. Constitutionality of state statutes. Conflicting statutes or laws. Issues of broad public interest.

Administrative and supervisory duties.

c

Washington Court of Appeals

Non-discretionary appellate court.

Three Divisions.

c

Washington Court of Appeals

Non-discretionary appellate court.

Three Divisions.

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Washington Court of Appeals

c

Superior Court

Courts of General Jurisdiction

Felony cases.Civil actions over $50,000.Real property issues.Domestic relations matters, including adoption

and paternity.Probate, guardianship, and estate matters.Mental illness and alcohol commitments.Juvenile matters including juvenile offenders,

dependency, and truancy.Protection-type orders in a variety of cases.

c

Superior Court

Appellate jurisdiction of district and municipal court decisions.

Concurrent jurisdiction over misdemeanors and gross misdemeanors.

Other courts within Superior Court:

Juvenile Court Drug Courts Mental Health Courts Therapeutic Courts

c

Superior Court

c

District and Municipal Courts

Limited Jurisdiction Courts

Infraction cases (traffic, non-traffic and parking). Criminal cases (misdemeanor and gross

misdemeanor, traffic and non-traffic). A judge can impose fines/penalties and jail time Felony cases (preliminary hearings only). Civil actions up to $50,000. Small claims up to $4,000. Civil petitions for protection: Domestic Violence and

Unlawful Harassment, Sexual Assault Protection Orders.

Civil impoundment - vehicle impounds.

c

COURT OVERVIEW