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Dual court system
Dual court system
Dual court system
Dual court system
Dual court system
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Dual court system

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explains a bit about state and federal courts for high school students

explains a bit about state and federal courts for high school students

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  • 1. Dual Court System (Chapter 5) “Dual” means “two” 1 There are two court systems in America
  • 2. There are two court systems in America State courts and Federal courts 2
  • 3. State Courts
  • 4. When states were formed, each state created its own laws and its own court system 4
  • 5. What was legal in one state may not have been legal in another 5
  • 6. Even today, what is legal in one state may not be legal in another 6
  • 7. If you committed a crime, you would go to your state court and be punished by your state’s laws 7 Massachusetts
  • 8. If you committed a tort, you would be sued in your state court 8
  • 9. Each state has a “ladder” of courts 9 Court 3 Court 2 Court 1
  • 10. California State Court System 10
  • 11. Here is California’s “ladder” of courts 11 California Supreme Court California Courts of Appeal California Superior Courts
  • 12. Here is California’s “ladder” of courts 12 California Supreme Court California Courts of Appeal California Superior Courts
  • 13. 2 levels of California State Courts?! California Supreme Court California Courts of Appeal California Superior Courts = “Trial Courts” 13
  • 14. 2 levels of California State Courts?! California Supreme Court California Courts of Appeal California Superior Courts = “Trial Courts” 14 }= Appellate Courts
  • 15. California Superior Courts = “Trial Courts” 15
  • 16. 16 California Superior Courts = “Trial Courts”
  • 17. One Superior Court for each county 17
  • 18. One Superior Court for each county 18 58Superior Courts in California
  • 19. Sacramento County Superior Court 19 720 9th Street
  • 20. Sacramento County Superior Court 20 720 9th Street
  • 21. California Superior Courts = “Trial Courts” 21
  • 22. California Superior Courts = “Trial Courts” 22 Judge, prosecutor, defendant, witnesses, evidence, jury, verdict, sentencing
  • 23. Jurors get paid in the Superior Court Jurors get paid beginning on their 2nd day of service $15.00/day 34¢/mile (one way) 23
  • 24. California Superior Courts listen to • Criminal cases • Civil cases – Juvenile law – Family law – Probate law 24
  • 25. California Superior Courts decide If a person accused of a crime is guilty or not guilty. 25
  • 26. California Superior Courts decide If a person accused of a crime is guilty or not guilty. If a tort has been committed and what remedy should be imposed. 26
  • 27. California Courts of Appeal 27
  • 28. Here is California’s “ladder” of courts 28 California Supreme Court California Courts of Appeal California Superior Courts
  • 29. California Courts of Appeal 29
  • 30. California Courts of Appeal Usually a panel of three “justices” hear a case 30
  • 31. California Courts of Appeal 105“justices” in the CA Courts of Appeal system 31
  • 32. California Courts of Appeal • Do not decide “guilt” or “fault” • Do not listen to witnesses • Do not have a jury • Do not attempt to “find out the facts” 32
  • 33. California Courts of Appeal • Decide if legal errors were made in the Superior court – Was the law applied fairly? – Is the law just? 33
  • 34. How California Courts of Appeal decide: • Review the court files and transcripts of the Superior court • Listen to oral arguments from the lawyers and ask the lawyers questions 34
  • 35. California Courts of Appeal Here’s an example of a case that the California Courts of Appeal heard… 35
  • 36. Eugina Bright v. 99¢ Store In 2010, Ms. Bright, an employee of the 99¢ Store, sued the store because they did not provide her a chair to sit on. 36
  • 37. Eugina Bright v. 99¢ Store In 2010, Ms. Bright, an employee of the 99¢ Store, sued the store because they did not provide her a chair to sit on. The CA Superior court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. 37
  • 38. Eugina Bright v. 99¢ Store In 2010, Ms. Bright, an employee of the 99¢ Store, sued the store because they did not provide her a chair to sit on. The CA Superior court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. Ms. Bright appealed the case. 38
  • 39. Eugina Bright v. 99¢ Store In 2010, Ms. Bright, an employee of the 99¢ Store, sued the store because they did not provide her a chair to sit on. The CA Superior court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. Ms. Bright appealed the case. 39 She argued that the law was not fair.
  • 40. Eugina Bright v. 99¢ Store In 2010, Ms. Bright, an employee of the 99¢ Store, sued the store because they did not provide her a chair to sit on. The CA Superior court dismissed her claim saying that, under the Industrial Welfare Commission Wage Order law, she could not sue for money unless she was underpaid. Ms. Bright appealed the case. The CA Court of Appeals said that a violation of the Industrial Welfare Commission Wage Order law is also a violation of the Labor Code. Ms. Bright could sue for money for a violation of the Labor Code. 40
  • 41. You be the judge… 41 Industrial Welfare Commission Wage Order: “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Labor Code: “The maximum hours of work and the standard conditions of labor fixed by the Industrial Welfare Commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful.” Is “no chair” a violation of the Labor Code?
  • 42. California has 6Courts of Appeal Districts 42
  • 43. California has 6Courts of Appeal Districts Headquarters: First District: San Francisco Second District: Los Angeles Third District: Sacramento Fourth District: San Diego Fifth District: Fresno Sixth District: San Jose 43
  • 44. California has 6Courts of Appeal 105 Justices in the California State Courts of Appeal system. 44
  • 45. California Supreme Court 45
  • 46. California Supreme Court 46 Justices
  • 47. California Supreme Court 47
  • 48. California Supreme Court 48 Meets in Sacramento, San Francisco, and Los Angeles.
  • 49. California Supreme Court 49 Sacramento San Francisco Los Angeles
  • 50. Sacramento’s Supreme Court building 50
  • 51. 51 California Supreme Court building in Sacramento is across the street from the State Capitol
  • 52. California Supreme Court 52
  • 53. California Supreme Court 7 justices 53
  • 54. California Supreme Court 7 justices – Must be lawyers 54
  • 55. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years 55
  • 56. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years – Are appointed by the Governor 56
  • 57. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years – Are appointed by the Governor – Approved by the people in an election 57
  • 58. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years – Are appointed by the Governor – Approved by the people in an election – Serve a 12-year term 58
  • 59. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years – Are appointed by the Governor – Approved by the people in an election – Serve a 12-year term – Can be re-elected 59
  • 60. California Supreme Court • Does not decide “guilt” or “fault” • Does not listen to witnesses • Does not have a jury • Dose not attempt to “find out the facts” 60
  • 61. California Supreme Court • Reviews all death penalty cases 61
  • 62. California Supreme Court • Reviews all death penalty cases • Reviews disciplinary cases against judges and lawyers 62
  • 63. California Supreme Court • Reviews all death penalty cases • Reviews disciplinary cases against judges and lawyers • Decides if legal errors were made in the Court of Appeals – Was the law applied fairly? – Is the law just? 63
  • 64. State Court System Review 64
  • 65. Here is California’s “ladder” of courts 65 California Supreme Court California Courts of Appeal California Superior Courts
  • 66. What if two people from different states sue each other? Which state court would you go to if you sued someone from another state? 66
  • 67. Neither one. 67
  • 68. This case would go to Federal Court 68
  • 69. Federal Courts 69
  • 70. The Federal court system has a “ladder” of courts 70 Court 3 Court 2 Court 1
  • 71. 3 levels of Federal Courts 71 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  • 72. 3 levels of Federal Courts 72 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  • 73. 2 levels of Federal Courts?! • U.S. Supreme Court • U.S. Courts of Appeal • U.S. District Courts = “Trial Courts” 73
  • 74. 2 levels of Federal Courts?! • U.S. Supreme Court • U.S. Courts of Appeal • U.S. District Courts = “Trial Courts” 74 }= Appellate Courts
  • 75. Jurisdiction Should a case go to 75 the State court or the Federal court?
  • 76. Jurisdiction Who has the right to hear the case? 76
  • 77. Jurisdiction Who has the right to hear the case? 77 Nearly all cases (over 90%) go to state courts.
  • 78. 78 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 79. 79 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 80. Federal courts have jurisdiction: 1. Cases in which the United States is a party 80 KOREMATSU vs. UNITED STATES
  • 81. 81 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 82. Federal courts have jurisdiction: 2. Crimes on federal property 82 Chandra Levy case
  • 83. 83 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 84. Federal courts have jurisdiction: 3. Violations of federal law such as – Counterfeiting US money – Bank robbery – Terrorism – Election Fraud – The Fair Housing Act – The Civil Rights Act – The National Labor Relations Act 84
  • 85. 85 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 86. Federal courts have jurisdiction: 4. Military lawsuits 86
  • 87. Federal courts have jurisdiction: 4. Military lawsuits 87
  • 88. Federal courts have jurisdiction: 4. Military lawsuits 88
  • 89. 89 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 90. Federal courts have jurisdiction: 5. Immigration cases 90
  • 91. 91 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 92. Federal courts have jurisdiction: 6. Torts between citizens of different states 92 “Diversity Jurisdiction”
  • 93. 93 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 94. Federal courts have jurisdiction: 7. Cases that raise a Constitutional question 94 Morse v. Frederick
  • 95. 95 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 96. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents 96
  • 97. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights 97 vs.
  • 98. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy 98
  • 99. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy – Admiralty cases 99
  • 100. 100 Federal courts have jurisdiction: 1. Cases in which the United States is a party 2. Crimes on federal property 3. Violations of federal law 4. Military lawsuits 5. Immigration cases 6. Torts between citizens of different states 7. Cases that raise a Constitutional question 8. “Subject matter jurisdiction” cases
  • 101. U.S. Federal Court System 101 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  • 102. U.S. District Courts 102
  • 103. U.S. District Courts = “Trial Courts” 103
  • 104. U.S. District Courts = “Trial Courts” 104 Judge, prosecutor, defendant, witnesses, evidence, jury, verdict, sentencing
  • 105. The United States has 94 Federal district courts. 105
  • 106. Each state has at least one Federal District court. 106
  • 107. U.S. District Courts Oregon, a state with few people, has only 1 Federal District Court. California, a populous state, has 4 Federal District Courts. 107
  • 108. 4 Federal District courts in California. 108
  • 109. Sacramento is in the Eastern District
  • 110. A US District courthouse is located in Sacramento
  • 111. US district courthouse in Sacramento 501 I Street www.caed.uscourts.gov
  • 112. U.S. Federal Court System 113 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  • 113. U.S. Courts of Appeal 114
  • 114. U.S. Courts of Appeal • Do not decide “guilt” or “fault” • Do not listen to witnesses • Do not have a jury • Do not attempt to “find out the facts” 115
  • 115. U.S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? 116
  • 116. U.S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? • Review the court files and transcripts of the District court 117
  • 117. U.S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? • Review the court files and transcripts of the District court • Listen to oral arguments from the lawyers and ask the lawyers questions 118
  • 118. U.S. Courts of Appeal 119 12 regional Courts of Appeal (including the “Federal Circuit”)
  • 119. U.S. Courts of Appeal = “Circuit Courts” 120
  • 120. California is in the 9th Circuit Court 121
  • 121. California is in the 9th Circuit Court 122
  • 122. The 9th Circuit Court has 29 judges 123
  • 123. The 9th Circuit Court of Appeals 124 Usually three judges work together on a case as a “panel”.
  • 124. The 9th Circuit Court of Appeals 125 Log Cabin Republicans v. United States Let’s watch about 3 minutes of a 3-member panel of the 9th Circuit Court of Appeals…
  • 125. The 9th Circuit Court of Appeals 126 http://www.youtube.com/watch?v=Bepbh4o1IBU&feature=relmfu
  • 126. The 9th Circuit Court of Appeals 127 Sometimes 11 judges make up a “panel”.
  • 127. The 9th Circuit Court of Appeals 128 United States v. Ressam Let’s watch about 4 minutes…
  • 128. The 9th Circuit Court of Appeals 129http://www.youtube.com/watch?feature=player_embedded&v=iWhvcuasVZY#!
  • 129. U.S. Supreme Court 130
  • 130. U.S. Supreme Court = 9 “Justices” 131
  • 131. 1 is the “Chief Justice”; the others are “Associate Justices” 132
  • 132. Chief Justice John Roberts 133
  • 133. 134
  • 134. Federal Court System 1 Supreme Court 12 Courts of Appeals 94 District Courts
  • 135. Dual Court System (Federal courts and State courts) 139
  • 136. Dual Court System 140 Federal Courts State Courts
  • 137. Dual Court System 141 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts
  • 138. Dual Court System 142 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1
  • 139. Dual Court System 143 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1 12
  • 140. Dual Court System 144 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1 12 94
  • 141. Dual Court System 145 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1 12 94 1
  • 142. Dual Court System 146 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1 12 94 1 6
  • 143. Dual Court System 147 Federal Courts State Courts US Supreme Court US Courts of Appeal US District Courts CA Supreme Court CA Courts of Appeal CA Superior Courts 1 12 94 1 6 58
  • 144. ---end of presentation--- 148

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