Notes On Court Systems And Jurisdiction

Submitted By calvarado9009
Words: 1980
Pages: 8

Outline No. One

Court Systems and Jurisdiction * State, District of Columbia, and Territory Court Systems * Limited-Jurisdiction Trial Courts * Hear matters of specialized or limited nature * Traffic courts, juvenile courts, etc. * Small Claims Courts are offshoot of this * General-Jurisdiction Trial Courts (Courts of Record) * Testimony and evidence recorded and stored * Felonies, civil cases over certain $ amounts * Some states divide these into civil and criminal * Intermediate Appellate Courts * Hear appeals from trial courts * Ensure no errors during trial * No new evidence or testimony * Highest State Court (State Supreme Court) * Hear appeals from appellate courts, certain trial courts * No new evidence or testimony * Parties granted brief oral hearings * Federal Court System * Supreme Court and lower fed courts established by Article III of Constitution * U.S. District Courts & U.S. Courts of Appeal * Fed judges appointed for life by prez, with advice and consent of senate * Special Federal Courts * U.S. Tax Court * U.S. Court of Federal Claims * U.S. Court of International Trade * U.S. Bankruptcy Court * U.S. Court of Appeals for the Armed Services * U.S. Court of Appeals for Veterans’ Claims * U.S. District Courts * Trial courts of general jurisdiction * At least one in each state * Impanel juries, receive evidence, hear testimony, and decide cases * Where most fed cases originate * U.S. Courts of Appeals * Intermediate appellate courts * 13 circuits in fed court system (NV in 9th) * 13th District is Court of Appeals for the Federal Circuit (D.C.) * Provides uniformity in the application of federal law, such as patents * United States Supreme Court * Highest court in the land * Nine justices * Chief Justice responsible for administration, other eight are Associate Justices * Jurisdiction * Hears appeals from fed circuit courts of appeals, fed district courts, special fed courts, highest state courts * No new evidence or testimony * Decisions * Petition for certiorari – asks S.C. to hear case * Each justice has an equal vote, including C.J. * Unanimous Decision * All justices voting agree as to the outcome and reasoning used to decide a case * Precedent for later cases * Majority Decision * Majority of justices agree on outcome and reasoning (5,6,7,8 ayes) * Precedent for later cases * Plurality Decision * Majority of justices agree as to outcome, but not as to the reasoning for reaching outcome * Not precedent for later cases * Tie Decision * S.C. sits without all 9 justices * Lower court decision is affirmed in this event * Not precedent for later cases * Concurring Opinion * Justice who agrees with outcome of a case but not the reason proffered by other justices can issue a C.O. that sets forth his or her reasons * Jurisdiction of Federal and State Courts * Jurisdiction of Federal Courts * Art. III, Sec. 2 of Cons. Sets forth fed court jurisdiction * Limited jurisdiction to hear cases involving a federal question or based on diversity of citizenship * Federal Question * Cases arising under the Cons., treaties, and fed statutes and regulations * No dollar amount limits * Diversity of Citizenship * Occurs if lawsuit involves… * Citizens of different states (corporations included) * Citizen of a state…