The Dual Court System
Courts in America There are two separate court systems in the United States: The Federal Judiciary & State Judiciary
Federal Judiciary The Constitution creates the United States Supreme Court and leaves the inferior courts’ creation to Congress. Inferior courts -the lower federal courts that are beneath the Supreme Court
2 Kinds of Courts Constitutional Courts created to interpret Article III of the Constitution Supreme Court, courts of appeals, district courts, & the Court of International Trade also known as regular or Article III courts
2 Kinds of Courts Special Courts also known as the legislative courts Court of Military Appeals, Court of Veterans Appeals, Claims Court, Tax Court, territorial courts and the courts of the District of Columbia
Supreme Court = ultimate authority
HOW DOES A CASE REACH THE SUPREME COURT? “THE RULE OF FOUR”-four justices must agree that the case should be heard BY CERTIFICATE-a lower court requests a ruling on a particular point
SUPREME COURT AT WORK BRIEFS  è  written documents supporting one side of the case or the other
SUPREME COURT AT WORK ORAL ARGUMENTS  è  lawyers speak to the justices emphasizing main points of the case
SUPREME COURT AT WORK SOLICITOR GENERAL  è  represent the US before the Supreme Court in all cases
SUPREME COURT AT WORK THE CONFERENCE  è  justices meet in secret to discuss the cases they’ve just heard
SUPREME COURT AT WORK OPINIONS  è  justices always write an Opinion of the Court-for each ruling
The State Judiciary
The Commonwealth of Pennsylvania:  Unified Justice System Supreme Court Superior Court Commonwealth  Court Common Pleas Court Philly Municipal Court District Justices Special Courts Pittsburgh Magistrates Philly Traffic Court
State System Justices Justices are subject to strict standards of conduct elected to office in odd-numbered years 10-year terms (except those in special courts) vacancies before election, appointment by governor, PA Senate confirmation unlimited number of terms “merit retention”- to keep office yes-no question
Court of Common Pleas 1 President Judge and 12 associate judges elected to 10-year terms Jurisdiction- ALL civil and criminal cases in County ALL appealed cases in county
District Attorney conducts all criminal prosecutions –Commonwealth of Pennsylvania jurisdiction over ALL felony, misdemeanor and summary offenses provides legal guidance in criminal matters for the county’s 47 police agencies and departments (FBI, DEA) processes over 6,000 criminal cases each year Stanley Rebert-District Attorney
Public Defender Responsible for representing all “indigent” defendants in all types of criminal cases-as desired by the defendant-in which there is a substantial likelihood that a jail sentence will be imposed 6th Amendment-right “to have the assistance of counsel for his defense.”
Sheriff’s Department serving subpoenas, orders and notices issued by the courts  provide security in courtrooms  responsible for transporting and securing prisoners to and from correctional facilities  extradition of prisoners (fugitives) apprehended out of state transports mental patients and juvenile offenders
District Justices 18 in York County; elected to 6-year terms Jurisdiction -civil cases dealing with monetary disputes of less than $8000 as well as landlord and tenant disputes Criminal jurisdiction-summary violations of City, Borough, and Township ordinances, violations of the fish, game, and dog laws DO NOT have to practice law or have any experience with law
Levels of law violations Summary offense -crimes that are committed with the least amount of severity.  Ex:  traffic violations-speeding, parking tickets, etc. Misdemeanor -a minor crime such as disorderly conduct, littering, petty theft, etc. Felony -a major crime such as murder, arson, or assault.
Civil Cases Usually involve a dispute between two or more individuals or private organizations.  Dispute may be over property rights, violation of a contract, etc.  Include suits for damages.  The state is usually not involved in these cases. Criminal Cases State brings charges against citizens for violation of law.  Involve misdemeanors or felonies.  The state is the prosecution in these cases

Dual court system

  • 1.
  • 2.
    Courts in AmericaThere are two separate court systems in the United States: The Federal Judiciary & State Judiciary
  • 3.
    Federal Judiciary TheConstitution creates the United States Supreme Court and leaves the inferior courts’ creation to Congress. Inferior courts -the lower federal courts that are beneath the Supreme Court
  • 4.
    2 Kinds ofCourts Constitutional Courts created to interpret Article III of the Constitution Supreme Court, courts of appeals, district courts, & the Court of International Trade also known as regular or Article III courts
  • 5.
    2 Kinds ofCourts Special Courts also known as the legislative courts Court of Military Appeals, Court of Veterans Appeals, Claims Court, Tax Court, territorial courts and the courts of the District of Columbia
  • 6.
    Supreme Court =ultimate authority
  • 7.
    HOW DOES ACASE REACH THE SUPREME COURT? “THE RULE OF FOUR”-four justices must agree that the case should be heard BY CERTIFICATE-a lower court requests a ruling on a particular point
  • 8.
    SUPREME COURT ATWORK BRIEFS è written documents supporting one side of the case or the other
  • 9.
    SUPREME COURT ATWORK ORAL ARGUMENTS è lawyers speak to the justices emphasizing main points of the case
  • 10.
    SUPREME COURT ATWORK SOLICITOR GENERAL è represent the US before the Supreme Court in all cases
  • 11.
    SUPREME COURT ATWORK THE CONFERENCE è justices meet in secret to discuss the cases they’ve just heard
  • 12.
    SUPREME COURT ATWORK OPINIONS è justices always write an Opinion of the Court-for each ruling
  • 13.
  • 14.
    The Commonwealth ofPennsylvania: Unified Justice System Supreme Court Superior Court Commonwealth Court Common Pleas Court Philly Municipal Court District Justices Special Courts Pittsburgh Magistrates Philly Traffic Court
  • 15.
    State System JusticesJustices are subject to strict standards of conduct elected to office in odd-numbered years 10-year terms (except those in special courts) vacancies before election, appointment by governor, PA Senate confirmation unlimited number of terms “merit retention”- to keep office yes-no question
  • 16.
    Court of CommonPleas 1 President Judge and 12 associate judges elected to 10-year terms Jurisdiction- ALL civil and criminal cases in County ALL appealed cases in county
  • 17.
    District Attorney conductsall criminal prosecutions –Commonwealth of Pennsylvania jurisdiction over ALL felony, misdemeanor and summary offenses provides legal guidance in criminal matters for the county’s 47 police agencies and departments (FBI, DEA) processes over 6,000 criminal cases each year Stanley Rebert-District Attorney
  • 18.
    Public Defender Responsiblefor representing all “indigent” defendants in all types of criminal cases-as desired by the defendant-in which there is a substantial likelihood that a jail sentence will be imposed 6th Amendment-right “to have the assistance of counsel for his defense.”
  • 19.
    Sheriff’s Department servingsubpoenas, orders and notices issued by the courts provide security in courtrooms responsible for transporting and securing prisoners to and from correctional facilities extradition of prisoners (fugitives) apprehended out of state transports mental patients and juvenile offenders
  • 20.
    District Justices 18in York County; elected to 6-year terms Jurisdiction -civil cases dealing with monetary disputes of less than $8000 as well as landlord and tenant disputes Criminal jurisdiction-summary violations of City, Borough, and Township ordinances, violations of the fish, game, and dog laws DO NOT have to practice law or have any experience with law
  • 21.
    Levels of lawviolations Summary offense -crimes that are committed with the least amount of severity. Ex: traffic violations-speeding, parking tickets, etc. Misdemeanor -a minor crime such as disorderly conduct, littering, petty theft, etc. Felony -a major crime such as murder, arson, or assault.
  • 22.
    Civil Cases Usuallyinvolve a dispute between two or more individuals or private organizations. Dispute may be over property rights, violation of a contract, etc. Include suits for damages. The state is usually not involved in these cases. Criminal Cases State brings charges against citizens for violation of law. Involve misdemeanors or felonies. The state is the prosecution in these cases