The United States has both state and federal court systems. The highest court is the Supreme Court, which hears appeals from lower courts. Below the Supreme Court are appellate courts and trial courts. Trial courts listen to evidence and testimony to decide facts in civil and criminal cases. Losing parties can appeal trial court decisions. The adversarial system pits opposing sides against each other to argue their cases before a judge or jury.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
What's the difference between the federal and state court systems? Criminal and civil cases? Constitutional, statutory and administrative law? This brief overview hits the highlights.
Spokane, WA business portrait - commercial photographer.
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Jeff Schindler Commercial Photography
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Nawet w dobie „dobrej zmiany”, gdy media narodowe nie stronią od manipulacji, zachowała swoją aktualność. Dotyczy problemów na styku mediów, marketingu i mediów społecznościowych, a nie sytuacji, w których manipulacje związane są z relacjami władzy.
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I will explore the relative connection between minorities and union privatization. I believe a majority of minority membership has supported the privatization campaign.
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docxbartholomeocoombs
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 2
*
THE COURT SYSTEM AND DISPUTE RESOLUTION OVERVIEWThe Court SystemFederal and state courtsThe Court ProcedureThe procedural steps for a lawsuit when the case goes to trial.Alternative Dispute ResolutionWhen parties resolve a dispute using alternative methods of resolution (don’t go to trial).
THE COURT SYSTEM
What is a court? Tribunal established by law to:
Hear and decide matters brought before it,
Provide remedies (this would include monetary damages and equitable relief) when wrongs have been committed, and
Prevent possible future wrongs.
Courts award money damages and provide equitable relief.
*
THE COURT SYSTEMJurisdictionCourt’s power to hear a court case; the power to act over a particular defendant. Subject matter jurisdiction Jurisdiction over the subject matter of a case. For example, the Federal Bankruptcy Court cannot hear a divorce case.General jurisdictionCourt that can hear most controversiesLimited jurisdictionCourt that can hear only a particular type of case. Such as the Federal Bankruptcy Court can only hear bankruptcy cases.
Chapter Two
THE COURT SYSTEMPersonal jurisdiction (not covered in textbook but should be covered)This is the power of a court over a particular person (second part of jurisdiction definition).Example: You had a car accident with a Mr. Jones who lives in California. The car accident happened in Pennsylvania and you are a resident of Pennsylvania. You have never been to California. Mr. Jones sues you in California. The California court would lack personal jurisdiction over you.
COURT SYSTEMThe courts in the United States are organized into the state and federal court systems, each (generally) with three levels: trial courts (has original jurisdiction).appellate courts.a supreme court.Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.Appellate jurisdiction reviews the work of a lower court. No trials occur in an appellate court. This court determines whether the judgment of a lower court was correct.
Chapter Two
*
THE FEDERAL COURTS
Chapter Two
United States
Supreme Court
United States Court
Of Appeals
United States
District Court
The U.S. District Court is the trial court in Pennsylvania we have 3 Courts.—the local one is the U.S. District Ct. for the Eastern District of PA
The U.S. Ct. of Appeals is the first appellate court. Pennsylvania is in the 3rd Circuit.
The U.S. Supreme Court is the final appellate court.
PENNSYLVANIA COURTS
Chapter Two
*The Commonwealth Court only hears appeals relating to local or
state government. The Superior Court hears all other appeals.
**De Novo –means over again. In this situation, you can appeal a district justice case and have the entire case tried over again.
Supreme Court of Pennsylvania
Commonwealth Court*
Superior Court
Court of Common Pleas–
Tria.
This is a self-explanatory powerpoint lecture with information concerning the NCFCA resolution for 2015. Resolved: That the United States Federal Court system should be significantly reformed.
Hey guys, this is the PowerPoint that Kate and I presented on 10/25/18. Chapter 7: The Courts for Professor Riley's class, Intro to Criminal Justice at NCC.
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The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
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Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
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2. ● Each state has its own court system,
and the federal court system exists at
the national level.
-Both have trials and appeals courts
● Highest court Supreme COURT
- Hears appeals from the
other court systems.
-It's the court of the
final appeal
3. TRIAL COURTS
● Listen to testimony
● Decide the facts in disputed situations
● Consider evidence
-Provided by witnesses called to testify in the case
● There are two parties in a trial.
-Civil Trial: Plaintiff is the party bringing the legal action
-Criminal Trial: the state or federal government initiates
the case and serves as the Prosecutor
+In both trials, the party responding to the plaintiff
or prosecutor is the Defendant
● The losing parting may be able to appeal to an
appellate court after a decision is made.
4. ● Trial system in the U.S ADVERSARIAL SYSTEM
-Contest between opposite sides/adversaries.
-Purpose: Both parties present their best arguments,
show the weaknesses of the opposing party. Then the judge
determines the truth.
● INQUISITIONAL SYSTEM
-Judges play a more active role, or rather take the lead
role, since they present and comment on evidence, gather
the witnesses, conduct searches etc.
The adversarial process is sometimes criticized for its resemblance
to a battle. Critics say the goal is to win so lawyers, acting as
enemies, try not to present all the evidence for the sake of the case.
Despite its drawbacks, the counterargument is that by approaching
the facts from opposite perspectives more truth can be uncovered.
5. Judges:
-Presides over the trial
-Protect the right of those involved
-Make sure attorneys follow the rules of evidence and trial
procedure
-(Nonjury trials) Determines the facts of the case and renders a
judgement
-(Jury trials) Instructs the jury as to the law involved in the case
-(Criminal trials) In most states, they sentence individuals
convicted of committing crimes
● Sixth Amendment- Guarantees the right to trial by jury in criminal
cases. (Federal and State courts)
● Seventh Amendment- Guarantees a right to trial by jury in civil cases
in federal courts.
In civil cases, the defendant or the plaintiff may request a jury trial. In
criminal cases, the defendant decides if there will be a jury. But most
cases are never brought to trial. Instead, a PLEA BARGAIN, or pretrial
agreement between the prosecutor and the defendant and his/her lawyer,
disposes of the case without a trial.
6. Jury (When Jury trial is requested) :
- Determine the facts and apply the law in a particular case
-6 to 12 persons (federal criminal cases require 12)
-Verdicts for criminal cases require unanimity
Must be :
- a U.s. citizen -able to speak and understand english
-at least 18 years old -a resident of the state
As citizens it's our civic duty to serve on juries when called upon
-Exceptions: members of the clergy, attorneys, physicians, police officers,
firefighters, and those unable to due to mental/physical
disability, convicted felons (without their civil rights)
Prospective jurors go through a voir dire examination (lawyers determine any
prejudices/opinions regarding the case by asking questions.) the attorneys may
request the removal of any juror appearing incapable to render an impartial
verdict (Removal for cause). BUt the attorney is allowed a limited number of
peremptory challenges, (juror may be removed without stating a cause).
7. APPEALS COURTS
● One party presents arguments asking the court to review the
decision of the trial court
● There are no juries, witnesses, or new evidence presented. Only
the lawyers appear before the judge to make legal arguments.
● Only those who lost a trial claiming an error was made by the
court can appeal (ex.:The judge makes a mistake as to the law
applicable in the case or when the judge gives the wrong
instructions to the jury to permit evidence that should not be
allowed)
● A precedent is set when an appeals court issues a written opinion
or ruling
● A panel of judges usually consists of 3 or more judges
-9 justices hear cases argues before the Supreme Court.
● The majority opinion states the decisions of the court, judges who
disagree with this opinion may issue a separate document
-Dissenting opinion- states the reason for disagreement
-Concurring opinion- reasons different from those used to
support the majority opinion.
9. ●
State Courts
The United States has 94 districts courts and 13 circuit
courts.
● General jurisdiction
-Can hear cases that deal with state law as well as federal.
● All states have trials courts
-Called superior, county, district, or municipal courts
● Deal with specific types of legal issues
-family, traffic, criminal, probate and small claims courts
● Family or domestic relations courts hear actions involving
divorce, separation and child custody
● Probate court handle cases involving wills and claims
against the estates of persons who die with or without a will
● If you lose your case in the trial court you may be able to
appeal to an intermediate court or directly to the state's
highest court
10. FEDERAL COURTS (U.S. DISTRICT
COURTS
● Federal courts hear criminal and civil cases involving federal
law.
● There is a federal trial court in each district
● Congress divided the U.S. into 94 federal judicial district
● They have 2 judges, some have more than 20
● They handle more than 300,000 cases per year
● They handle about 1,000,000 bankruptcy petitions each year
● Federal court judges are appointed by the president and
confirmed by the senate.
● Removal of federal judges requires that congress follow formal
impeachment procedures