Chapter 6 overview
- 1. Chapter 6 The Court System Chapter Outline I. Foundation and Structure of the Judicial System Dual Court System Civil Versus Criminal Law II. The Federal Court System Overview of the Federal Court System United States Courts of Appeals The United States Supreme Court III. Characteristics of the State Court System Courts of Limited Jurisdiction Courts of General Jurisdiction Appellate Courts Courts of Last Resort Learning Objectives After completion of this chapter, students should be able to: 1. Describe the historical foundations of our nation’s court system. 2. Explain what is meant by the term ‘dual structure’ court system. 3. Explain the differences between criminal and civil law. 4. Describe the role and responsibilities of each level within the federal court system.
- 2. 5. Describe how state level courts are generally organized. Key Terms Appellate courts (p. 102) state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues Article 3, Section 2 (p. 94) the part of the U.S. Constitution that defines the jurisdiction of the federal courts Brief (p. 100) a written statement submitted by an appellant’s attorneys that states the substantial constitutional or federal issue that they believe the court should address Certiorari power (p. 100) the authority of the Supreme Court, based on agreement by four of its members that a case might raise significant constitutional or federal issues, to select a case for review Circuit court (p. 98) the geographical jurisdiction of a federal appeals court Civil law (p. 95) also called private law, the body of law concerned with the definition, regulation, and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals between a suspect and a crime Court of last resort (p. 102) a state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. Supreme Court Courts of limited jurisdiction (p. 102) state courts of original jurisdiction that are not courts of record (e.g., traffic courts, municipal courts, or county courts) Courts of record (p. 102) courts in which trial proceedings are transcribed Dual court system (p. 94) the political division of jurisdiction into two separate systems of courts: federal and state; in this system, federal courts have limited jurisdiction over state courts Eleventh Amendment (p. 94) a provision that prohibits a citizen from one state from suing the government of another state in federal court General trial courts (p. 102) state courts of original jurisdiction that hear all kinds of criminal cases Judicial review (p. 96) the power of the U.S. Supreme Court to review legislation for the purpose of deciding the constitutionality of the law Jurisprudence (p. 94) a philosophy or body of written law used to settle disputes
- 3. Landmark cases (p. 99) U.S. Supreme Court cases that mark significant changes in the interpretation of the Constitution Original jurisdiction (p. 97) the concept that juvenile court is the only court that has authority over juveniles, so they cannot be tried, for any offense, by a criminal court unless the juvenile court grants its permission for the accused juvenile to be waived to criminal court Per curiam opinion (p. 101) a case that is disposed of by the U.S. Supreme Court without a full written opinion Plaintiff (p. 95) the party who files a civil lawsuit against the party who is alleged to have done harm (the defendant) Remanded (p. 101) after the U.S. Supreme Court’s reversal of a decision of a lower court, the return of the case to the court of original jurisdiction with instructions to correct the judicial error Tenth Amendment (p. 94) a provision that powers not specifically delegated to the federal government are reserved for the states Tort (p. 95) a private wrong that causes physical harm to another U.S. courts of appeals (p. 96) the third tier of the federal court system where decisions of lower courts can be appealed for review for significant judicial error that may have affected the verdict U.S. district courts (p. 96) trial courts of the federal system U.S. magistrate courts (p. 96) federal lower courts with powers limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters U.S. Supreme Court (p. 99) the highest court in the U.S. judiciary system, whose rulings on the constitutionality of laws, due process rights, and rules of evidence are binding on all federal and state courts Chapter Summary The United States is considered a dual court system, consisting of a federal court system and a parallel state court system in each state. In the judicial hierarchy, U.S. Supreme Court has certiorari power over all other state and federal courts. Aside from criminal cases, courts also hear civil cases. The most significant difference here is that the burden of proof in a civil case is based on a preponderance of the evidence, whereas the criminal trial requires proof beyond a reasonable doubt. The greater amount of court time is taken up by civil cases. The federal court system is a four-tier, magistrate courts, district courts, courts of appeals, and the Supreme Court. The federal courts are divided into thirteen geographical circuits. Cases are initially tried in magistrate court for misdemeanors, and felony trials of original jurisdiction
- 4. take place in the U.S. District courts. The U.S. Court of Appeals review cases for judicial error. Cases cannot be appealed on the basis of a claim of innocence, but rather upon judicial error. The U.S. Supreme Court is the highest court in the American judicial system. This body can issue landmark decisions that mark significant changes to the interpretation of the U.S. Constitution. Under the Tenth Amendment, each state has the right to organize its own judicial system. Most states have a four-tier organizational structures that mirrors the federal judiciary. Media to Explore Go to www.courttv.com for information on current and famous trials, both criminal and civil. See www.uscourts.gov for a wealth of information on the various U.S. federal courts, as well as useful links and employment opportunities. For information on the U.S. Supreme Court see www.supremecourtus.gov. See www.ojp.usdoj.gov/bjs/abstract/sco98.htm to access a document that describes each of the state court systems. The document is a 1998 publication but provides a good overview of the various state court systems in a single source. Go to www.findlaw.com to look up landmark U.S. Supreme Court cases.