The federal court system has two levels: federal courts and state courts. Federal courts have jurisdiction over cases involving federal laws and the Constitution, while state courts have jurisdiction over cases involving state laws. There are two types of jurisdiction in federal courts - original jurisdiction in district courts for trials and appellate jurisdiction in courts of appeal for hearing appeals. The federal court system is hierarchical, with the Supreme Court at the top, followed by circuit courts of appeals and district courts.
“Feminicidios del Campo Algodonero” tiene por misión informar puntualmente sobre las acciones emprendidas por el Estado mexicano para el cabal cumplimiento de la Sentencia de la Corte Interamericana de Derechos Humanos “González y otras (Campo Algodonero)” contra el Estado mexicano, publicada el 10 de diciembre de 2009.
Esta información se encuentra dirigida a la sociedad civil en general, y en particular a la sociedad civil organizada, nacional e internacional, que se esté interesada en dar seguimiento a la sentencia.
“Feminicidios del Campo Algodonero” tiene por misión informar puntualmente sobre las acciones emprendidas por el Estado mexicano para el cabal cumplimiento de la Sentencia de la Corte Interamericana de Derechos Humanos “González y otras (Campo Algodonero)” contra el Estado mexicano, publicada el 10 de diciembre de 2009.
Esta información se encuentra dirigida a la sociedad civil en general, y en particular a la sociedad civil organizada, nacional e internacional, que se esté interesada en dar seguimiento a la sentencia.
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.
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.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
2. Two Levels of Courts
• Federal Courts
• powers derive from:
• U.S. Constitution
• federal laws
• State Courts
• powers derive from:
• state constitutions
• State laws
(Note: sometimes called “dual court system”)
3. Jurisdiction of the Courts
• Federal Court Jurisdiction
• Concurrent Jurisdiction
• Original and Appellate Jurisdiction
4. Federal Court Jurisdiction
• Jurisdiction basically = authority to hear certain
kinds of cases
• In dual court system, state courts have
jurisdiction over cases involving state laws and
federal courts over cases involving federal laws
• Sometimes jurisdiction overlaps
• Two factors determine jurisdiction of fed courts
• Subject matter of a case
• Parties involved in case
5. Federal Court Jurisdiction (con’t)
• Federal Courts try cases
that involve:
• U.S. laws, treaties with
foreign nations, or
interpretations of the
Constitution
• Cases involving maritime
law (law of the sea),
including ships, their
crews, and disputes over
actions and rights at sea
• Cases involving
bankruptcy
6. Federal Court Jurisdiction (con’t)
• Federal courts hear cases if the following persons or
parties are involved:
• Ambassadors and other reps of foreign governments
• Two or more state governments
• The U.S. government or one of its offices or agencies
• Citizens of different states
• A state and a citizen of a different state
• A citizen of the same state claiming lands under grants of
different states
• A state or its citizens and a foreign country or its citizens
7. Concurrent Jurisdiction
• In most cases, difference between jurisdictions
is clear
• When both state and federal courts seem to
have jurisdiction, situation known as concurrent
jurisdiction
• $ amount being sued for must be at least $50K
• Suit can be tried in state court if agreed upon by
both parties, but must be tried in federal court if
at least one party insists
8. Original and Appellate Jurisdiction
• Original jurisdiction: held by the court in
which a case is originally tried
• State level: trial court
• Federal level: U.S. District Court
• Appellate Jurisdiction: held by the court in
which appeals may be heard
• State level: Appellate courts
• Federal level: U.S. Courts of Appeal
10. Federal Court Organization
• One Supreme Court
• 13 U.S. Circuit Courts (Courts of Appeal)
• Country divided into 11 circuits, Court of Appeals for D.C. ,
and Federal Circuit Court of Appeals
• FL located in 11th
Circuit w/ GA and AL
• 11th
Circuit Court of Appeals in Atlanta, but occasionally hears cases
in Jacksonville, Miami, Mobile, and Montgomery
• FL has 3 District Courts: Northern, Middle, and
Southern District Courts
• Although the Middle District Court HQ is in Orlando, there
is a Tampa Division at the Sam M. Gibbons U.S. Courthouse
on N. Florida Ave.
11. 3 Types of Law in Federal Court
• Civil
• Criminal
• Constitutional
12. Civil Law
• Represent most cases in federal courts
• Disputes between:
• 2 or more individuals
• Individuals and the government
• Plaintiff brings charges against a defendant
• Usually suing for damages and court costs
• Equity law…resolved on grounds of fairness
• Plaintiff often seeks injunction or writ of mandamus
13. Criminal Law
• U.S. government charges someone with
breaking a federal law
• Government is always the prosecution
• May involve crimes such as tax fraud,
counterfeiting, selling narcotics, mail fraud,
kidnapping, driving a stolen car across state
lines
14. Constitutional Law
• Relates to the meaning and application of the
U.S. Constitution
• Usually involves deciding limits of the
government’s power and the rights of the
individual
• May deal with either civil or criminal law
• If a lower court’s decision is appealed, the
Supreme Court makes the final ruling
15. Legal System Principles
• Equal Justice Under the Law
• Goal of court system to treat everyone alike
• Spelled out by 5th
thru 8th
Amendments
• Due Process of Law
• Means a law must be applied in a fair manner
• The Adversary System
• Lawyers do their best to represent their clients
• The courtroom is like an arena
16. Legal System Principles
• Presumption of Innocence
• Person is presumed innocent until proven guilty
• Burden of proving an accusation falls on
prosecution
• Unless prosecution succeeds in proving accusation,
court must declare the defendant not guilty
• Burden of proof:
• Criminal case: beyond a reasonable doubt
• Civil case: by a preponderance of the evidence