Dual court system

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

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Dual court system

  1. 1. Dual Court System (Chapter 5) “Dual” means “two” 1 There are two court systems in America
  2. 2. There are two court systems in America State courts and Federal courts 2
  3. 3. State Courts
  4. 4. When states were formed, each state created its own laws and its own court system 4
  5. 5. What was legal in one state may not have been legal in another 5
  6. 6. Even today, what is legal in one state may not be legal in another 6
  7. 7. If you committed a crime, you would go to your state court and be punished by your state’s laws 7 Massachusetts
  8. 8. If you committed a tort, you would be sued in your state court 8
  9. 9. Each state has a “ladder” of courts 9 Court 3 Court 2 Court 1
  10. 10. California State Court System 10
  11. 11. Here is California’s “ladder” of courts 11 California Supreme Court California Courts of Appeal California Superior Courts
  12. 12. Here is California’s “ladder” of courts 12 California Supreme Court California Courts of Appeal California Superior Courts
  13. 13. 2 levels of California State Courts?! California Supreme Court California Courts of Appeal California Superior Courts = “Trial Courts” 13
  14. 14. 2 levels of California State Courts?! California Supreme Court California Courts of Appeal California Superior Courts = “Trial Courts” 14 }= Appellate Courts
  15. 15. California Superior Courts = “Trial Courts” 15
  16. 16. 16 California Superior Courts = “Trial Courts”
  17. 17. One Superior Court for each county 17
  18. 18. One Superior Court for each county 18 58Superior Courts in California
  19. 19. Sacramento County Superior Court 19 720 9th Street
  20. 20. Sacramento County Superior Court 20 720 9th Street
  21. 21. California Superior Courts = “Trial Courts” 21
  22. 22. California Superior Courts = “Trial Courts” 22 Judge, prosecutor, defendant, witnesses, evidence, jury, verdict, sentencing
  23. 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. 24. California Superior Courts listen to • Criminal cases • Civil cases – Juvenile law – Family law – Probate law 24
  25. 25. California Superior Courts decide If a person accused of a crime is guilty or not guilty. 25
  26. 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. 27. California Courts of Appeal 27
  28. 28. Here is California’s “ladder” of courts 28 California Supreme Court California Courts of Appeal California Superior Courts
  29. 29. California Courts of Appeal 29
  30. 30. California Courts of Appeal Usually a panel of three “justices” hear a case 30
  31. 31. California Courts of Appeal 105“justices” in the CA Courts of Appeal system 31
  32. 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. 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. 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. 35. California Courts of Appeal Here’s an example of a case that the California Courts of Appeal heard… 35
  36. 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. 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. 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. 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. 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. 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. 42. California has 6Courts of Appeal Districts 42
  43. 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. 44. California has 6Courts of Appeal 105 Justices in the California State Courts of Appeal system. 44
  45. 45. California Supreme Court 45
  46. 46. California Supreme Court 46 Justices
  47. 47. California Supreme Court 47
  48. 48. California Supreme Court 48 Meets in Sacramento, San Francisco, and Los Angeles.
  49. 49. California Supreme Court 49 Sacramento San Francisco Los Angeles
  50. 50. Sacramento’s Supreme Court building 50
  51. 51. 51 California Supreme Court building in Sacramento is across the street from the State Capitol
  52. 52. California Supreme Court 52
  53. 53. California Supreme Court 7 justices 53
  54. 54. California Supreme Court 7 justices – Must be lawyers 54
  55. 55. California Supreme Court 7 justices – Must be lawyers – Must have served as a judge for at least 10 years 55
  56. 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. 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. 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. 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. 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. 61. California Supreme Court • Reviews all death penalty cases 61
  62. 62. California Supreme Court • Reviews all death penalty cases • Reviews disciplinary cases against judges and lawyers 62
  63. 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. 64. State Court System Review 64
  65. 65. Here is California’s “ladder” of courts 65 California Supreme Court California Courts of Appeal California Superior Courts
  66. 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. 67. Neither one. 67
  68. 68. This case would go to Federal Court 68
  69. 69. Federal Courts 69
  70. 70. The Federal court system has a “ladder” of courts 70 Court 3 Court 2 Court 1
  71. 71. 3 levels of Federal Courts 71 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  72. 72. 3 levels of Federal Courts 72 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  73. 73. 2 levels of Federal Courts?! • U.S. Supreme Court • U.S. Courts of Appeal • U.S. District Courts = “Trial Courts” 73
  74. 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. 75. Jurisdiction Should a case go to 75 the State court or the Federal court?
  76. 76. Jurisdiction Who has the right to hear the case? 76
  77. 77. Jurisdiction Who has the right to hear the case? 77 Nearly all cases (over 90%) go to state courts.
  78. 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. 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. 80. Federal courts have jurisdiction: 1. Cases in which the United States is a party 80 KOREMATSU vs. UNITED STATES
  81. 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. 82. Federal courts have jurisdiction: 2. Crimes on federal property 82 Chandra Levy case
  83. 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. 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. 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. 86. Federal courts have jurisdiction: 4. Military lawsuits 86
  87. 87. Federal courts have jurisdiction: 4. Military lawsuits 87
  88. 88. Federal courts have jurisdiction: 4. Military lawsuits 88
  89. 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. 90. Federal courts have jurisdiction: 5. Immigration cases 90
  91. 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. 92. Federal courts have jurisdiction: 6. Torts between citizens of different states 92 “Diversity Jurisdiction”
  93. 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. 94. Federal courts have jurisdiction: 7. Cases that raise a Constitutional question 94 Morse v. Frederick
  95. 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. 96. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents 96
  97. 97. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights 97 vs.
  98. 98. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy 98
  99. 99. Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy – Admiralty cases 99
  100. 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. 101. U.S. Federal Court System 101 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  102. 102. U.S. District Courts 102
  103. 103. U.S. District Courts = “Trial Courts” 103
  104. 104. U.S. District Courts = “Trial Courts” 104 Judge, prosecutor, defendant, witnesses, evidence, jury, verdict, sentencing
  105. 105. The United States has 94 Federal district courts. 105
  106. 106. Each state has at least one Federal District court. 106
  107. 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. 108. 4 Federal District courts in California. 108
  109. 109. Sacramento is in the Eastern District
  110. 110. A US District courthouse is located in Sacramento
  111. 111. US district courthouse in Sacramento 501 I Street www.caed.uscourts.gov
  112. 112. U.S. Federal Court System 113 U. S. Supreme Court U.S. Courts of Appeal U. S. District Courts
  113. 113. U.S. Courts of Appeal 114
  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. 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. 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. 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. 118. U.S. Courts of Appeal 119 12 regional Courts of Appeal (including the “Federal Circuit”)
  119. 119. U.S. Courts of Appeal = “Circuit Courts” 120
  120. 120. California is in the 9th Circuit Court 121
  121. 121. California is in the 9th Circuit Court 122
  122. 122. The 9th Circuit Court has 29 judges 123
  123. 123. The 9th Circuit Court of Appeals 124 Usually three judges work together on a case as a “panel”.
  124. 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. 125. The 9th Circuit Court of Appeals 126 http://www.youtube.com/watch?v=Bepbh4o1IBU&feature=relmfu
  126. 126. The 9th Circuit Court of Appeals 127 Sometimes 11 judges make up a “panel”.
  127. 127. The 9th Circuit Court of Appeals 128 United States v. Ressam Let’s watch about 4 minutes…
  128. 128. The 9th Circuit Court of Appeals 129http://www.youtube.com/watch?feature=player_embedded&v=iWhvcuasVZY#!
  129. 129. U.S. Supreme Court 130
  130. 130. U.S. Supreme Court = 9 “Justices” 131
  131. 131. 1 is the “Chief Justice”; the others are “Associate Justices” 132
  132. 132. Chief Justice John Roberts 133
  133. 133. 134
  134. 134. Federal Court System 1 Supreme Court 12 Courts of Appeals 94 District Courts
  135. 135. Dual Court System (Federal courts and State courts) 139
  136. 136. Dual Court System 140 Federal Courts State Courts
  137. 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. 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. 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. 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. 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. 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. 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. 144. ---end of presentation--- 148

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