The document discusses the American judicial system, which consists of federal and state courts. The federal court system is based on the US Constitution and includes district courts, circuit courts of appeal, and the Supreme Court. State court systems are based on state constitutions and laws and generally include courts of limited jurisdiction, courts of general jurisdiction, intermediate appellate courts, and a state supreme court. Both federal and state courts have played an important role in interpreting laws relating to schools.
this presentation gives the basic idea about the key features about the constitution of The United States of America. it also talks about the Father's of The Constitution Making. it provides basic facts about the US constitution - date it was made, etc.
this presentation gives the basic idea about the key features about the constitution of The United States of America. it also talks about the Father's of The Constitution Making. it provides basic facts about the US constitution - date it was made, etc.
Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
http://www.the-divorce-solicitors.co.uk
If your marriage has broken down before the mark of one year in which you can file for Divorce, then you may want to consider Judicial Separation. This presentation will provide you with more information on Judicial Separation; if you qualify, how to go about it and what it means for you.
For more information, visit our website:
http://www.the-divorce-solicitors.co.uk
Employment Essay Format - Professor William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
S E A R C H A N D S E I Z U R E I N P U B L I C S X H O O L SWilliam Kritsonis
Professional Experience
Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities.
Administration of Justice 2015 (more organised)xareejx
A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
http://www.the-divorce-solicitors.co.uk
If your marriage has broken down before the mark of one year in which you can file for Divorce, then you may want to consider Judicial Separation. This presentation will provide you with more information on Judicial Separation; if you qualify, how to go about it and what it means for you.
For more information, visit our website:
http://www.the-divorce-solicitors.co.uk
Employment Essay Format - Professor William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
S E A R C H A N D S E I Z U R E I N P U B L I C S X H O O L SWilliam Kritsonis
Professional Experience
Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities.
Books – Articles – Lectures - Workshops
Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad.
In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California.
In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002.
In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels.
In 2009, Dr. Kritsonis’ book Non-Renewal of Public School Personnel Contracts: Selected Supreme and District Court Decisions in Accordance with the Due Process of Law was accepted for publication by The Edwin Mellen Press, Lewiston, New York.
Dr. Kritsonis’ seminar and workshop on Writing for Professional Publication has been very popular with both professors and practitioners. Persons in attendance generate an article to be published in a refereed journal at the national or international levels.
Dr. Kritsonis has traveled and lectured throughout the United States and world-wide. Some recent international tours include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, and many more.
Dr. William Allan Kritsonis, Professor, PhD Program in Educational Leadership, PVAMU, The Texas A&M University System. School Law, Corporal Punishment, Due Process, Freedom of Expression
Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana.
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
Dr. William Allan Kritsonis, School Law, Use of School Facilities, Religous Rights of Teachers, Religous Freedom of Expression, Religous Rights in Schooling, Due Process, Freedom of Expression, School Prayers, Termination, Due Process
Dr. William Allan Kritsonis, Social Context of Education, University of Ljubl...William Kritsonis
Dr. William Allan Kritsonis, Social Context of Education, University of Ljubljana, 2009
Published by: University of Ljubljana, Faculty of Arts, Univerza v Ljubljani, Filozofska, fakulteta, 2009
Dr. Kritsonis Lectures at the University of Oxford, Oxford, England
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
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 ...
A. Explain why there are two types of legal systems in the United St.docxmakdul
A. Explain why there are two types of legal systems in the United States: State and Federal systems. How are they similar and how are they different?
I am adding my classmate's response for the above question. You will have to write response for each post in 250 words. No references needed.
Discussion 1: (Khushbu Patel)
The United States has two individual court systems which are state court and federal courts because of federalism. This concept is introduced by the U.S constitution where every single system has its unique sort of regulations. Many factors such as structure, establishment, cases heard, and the jurisdiction involved with existing of both courts. The term federalism describes how governmental authority and powers are distributed between the state government and federal government systems. However, the constitution decisively provides the assured powers to the federal administration. For example, copyright is exclusively managed by federal law constitution rights not chosen to federal government comes under separate state governments. This instance is showing each state accountable for creating personal laws therefore, those laws are crucial for that picky state. Certainly, federalism ensures that the U.S constitution should not be disobeyed or violated by any State law. To support this statement, state laws should not rule or overshadow federal laws. United States constitution issues laws and regulations for the federal system of government in which influence and authority shared between the state government and federal governments. As we stated earlier, federalism provides systems according to respective courts (O'Connor,1980).
Appointing process of judges
Federal judges are appointed according to Article 3 of our constitution. When hiring judges, the federal court system that judges are to be selected by the U.S president and declared by the council of law. They will be continued by good and appropriate behavior otherwise judges may be dismissed from the position. While state court judges have been chosen by many approaches including hired for a decided number of years, general election, and appointment for life, combination of both methods.
Establishment of courts
The U.S holds the authority to declare the final arbiter of federal constitutional subjects when a party asked the U.S Supreme Court to re-evaluate a conclusion of the court petition however the Supreme Court is under no commitment to give a final verdict. In the case of the state court system, the laws of every state create the state court. A supreme court is basically the highest court in the state that will handle cases from below courts can be a district court of state trial court for the verdict by the supremacy of state supreme court. States also have an authority that deals with precise legal issues include, including will and estate, family court, juvenile court, etc,. On the other hand, some certain cases are appropriate for review by th.
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxTawnaDelatorrejs
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). .
Chapter TenThe Federal JudiciaryBrian M. MurphyLearnin.docxmccormicknadine86
Chapter Ten
The Federal Judiciary
Brian M. Murphy
Learning Objectives
After covering the topic of the federal judiciary, students should
understand:
1. The relationship of state courts to the federal judiciary.
2. The jurisdiction of federal courts.
3. The structure of the federal judicial system.
4. The procedures of the U.S. Supreme Court.
5. The powers of the federal judiciary.
Abstract
The udicial y e i he i ed a e i a ed he d c ri e
federalism. Two court systems exist side-by-side, national and state, and
each has a distinct set of powers. State courts, for the most part, are
responsible for handling the legal issues that arise under their own laws. It
is primarily when a federal uestion is presented that the federal udicial
system can become in ol ed in a state court. therwise, state udiciaries
are generally autonomous even from one another. The Constitution
precisely outlines the types of cases that can be heard by federal courts,
yet it is almost impossible to force a federal court to hear a case that falls
under its urisdiction if the udge s wants to avoid it. The authority of
the U.S. Supreme Court has slowly grown over time, largely through the
power of udicial review. onetheless, federalism has managed to remain
a signi cant barrier against federal courts becoming too powerful. The
udicial system designed by the framers continues to survive and function
after 200 years.
Introduction
The federal judicial system is the least commonly known and least
understood branch of American government. In 2007, 78% could not
name the current Chief Justice of the U.S. Supreme Court but 66% were
able to identify at least one of the judges on the T show American
Idol (Jamieson, 2007). Much of judicial work is conducted out of the
limelight and courts are not considered an important in uence in the daily
lives of people. It is clear the framers believed that the federal judicial
system would be the weakest of the three branches because, as Alexander
amilton wrote, it has no in uence over either the sword or the purse
(Hamilton, 1961, 465). In other words, courts cannot command an army
(or even police) to ensure that decisions are enforced or allocate money to
implement one of their rulings. Judges must depend on the other branches
in order to get anything done. According to an oft-repeated story, President
Andrew Jackson supposedly mocked a decision by Chief Justice John
Marshall with the words, John Marshall has made his decision, now let
him enforce it’’ (Schwartz, 1993, 94).
But times and the role of the federal judiciary have changed. One
scholar even concluded that the United States is now operating under a
government by judiciary’’ because the U.S. Supreme Court can revise
the Constitution by how it interprets the wording (Berger, 1997). As Chief
Justice Charles vans Hughes once uipped, e are under a Constitution,
but the Constitution is what the judges say it is’’ (Hughes, 1916, 185). ...
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Delivering Micro-Credentials in Technical and Vocational Education and TrainingAG2 Design
Explore how micro-credentials are transforming Technical and Vocational Education and Training (TVET) with this comprehensive slide deck. Discover what micro-credentials are, their importance in TVET, the advantages they offer, and the insights from industry experts. Additionally, learn about the top software applications available for creating and managing micro-credentials. This presentation also includes valuable resources and a discussion on the future of these specialised certifications.
For more detailed information on delivering micro-credentials in TVET, visit this https://tvettrainer.com/delivering-micro-credentials-in-tvet/
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
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.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
The American Judicial System by Dr. Fred C. Lunenburg
1. FOCUS ON COLLEGES, UNIVERSITIES, AND SCHOOLS
VOLUME 6, NUMBER 1, 2012
The American Judicial System
Fred C. Lunenburg
Sam Houston State University
_______________________________________________________________________
_
ABSTRACT
The American judicial system consists of federal and state courts. The federal court
system has its basis in the U.S. Constitution. State court systems have their basis in state
constitutions or statutory laws. The federal courts have primary jurisdiction on federal
law questions, while state courts have primary jurisdiction on laws of each respective
state. Legislation relating to schools has increased significantly in both volume and
complexity since the mid-twentieth century, and federal and state courts have played an
important role in interpreting statutory and constitutional provisions.
_______________________________________________________________________
_
The United States judicial system consists of federal and state courts. The federal
court system has its basis in the United States Constitution. State court systems have
their basis in state constitutions or statutory laws. The federal courts have primary
jurisdiction on federal law questions, while state courts have primary jurisdiction on laws
of each respective state. Most school actions involve nonfederal questions and are
decided by state courts. However, in the last several decades, federal courts have litigated
an increasing number of school cases.
Federal Courts
In part, Article III, Section 1, of the United States Constitution provides that: “The
judicial power of the United States, shall be vested in one supreme court, and in such
inferior courts as the Congress may from time to time ordain and establish (Constitution
of the United States, Article III, Section 1). Pursuant to this provision, Congress has
created a network of courts. Presently, the federal court system in the United States
includes district courts, circuit courts of appeal, and the Supreme Court (see Figure 1).
2. U.S. Supreme Court
U.S. Circuit Courts
(There are 13 federal judicial circuits)
U.S. District Courts
(There are 89 district courts)
Figure 1. The federal court system.
District Courts
At the lowest court level, district courts hear and decide lawsuits arising within
their territorial jurisdictions. There is at least one district court in each state; many states
have two or three; and California, New York, and Texas each have four. Cases
adjudicated before district courts are usually presided over by one judge. Decisions of
district courts may be appealed to federal circuit courts of appeal.
Circuit Courts of Appeal
Courts of appeal represent the intermediate appellate level of the federal court
system. The primary function of the appellate court is to review appeals from district
courts within the circuit to determine if errors of law were committed, such as procedural
irregularities, constitutional misinterpretations, or inappropriate application of rules of
evidence. Federal circuit courts have from 3 to 15 judges. Most circuit court decisions
are rendered by a panel of the court, but in some instances the entire court will rehear a
case. A federal circuit court decision is binding only in the states within that circuit, but
such decisions often influence other appellate courts dealing with similar questions of
law. The nation is divided into thirteen federal circuit courts of appeal, comprising eleven
regions and the District of Columbia Circuit. A thirteenth federal circuit court has
national jurisdiction to hear appeals regarding specific claims (e.g., customs; copyrights,
patents, and trademarks; and international trade). The jurisdiction of the federal circuits is
as follows:
• First: Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico
• Second: Connecticut, New York, and Vermont
• Third: Delaware, New Jersey, Pennsylvania, and the Virgin Islands
• Fourth: Maryland, North Carolina, South Carolina, Virginia, and West Virginia
3. • Fifth: Louisiana, Mississippi, Texas, and the Canal Zone
• Sixth: Kentucky, Michigan, Ohio, and Tennessee
• Seventh: Illinois, Indiana, and Wisconsin
• Eighth: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South
Dakota
• Ninth: Alaska, Arizona, California, Idaho, Hawaii, Montana, Nevada, Oregon,
Washington, and Guam
• Tenth: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming
• Eleventh: Alabama, Florida, and Georgia
• District of Columbia: Washington, D.C.
• Federal: National jurisdiction on special claims
Supreme Court
The Supreme Court is the highest-level court in the federal court system, beyond
which there is no appeal. It has been firmly established that the Supreme Court has the
ultimate authority in interpreting federal constitutional provisions (Marbury v. Madison,
1803). If the constitutionality of a federal statute is contrary to legislative intent, such
irregularities can be overturned only by an amendment to the Constitution or by
subsequent ruling by the Supreme Court. Congress has done so with a number of civil
rights laws in response to Supreme Court rulings (Grove City Coll. v. Bell, 1984). Nine
justices, including one chief justice, constitute the Supreme Court. The appointments of
Supreme Court Justices are for life.
State Courts
State constitutions prescribe the powers and jurisdiction of state courts. The
structure of judicial systems varies among the 50 states, but all states have at least three
or four levels of courts: courts of limited jurisdiction, courts of general jurisdiction,
intermediate appellate courts, and courts of last resort (see Figure 2).
State Supreme Court
Intermediate appellate courts
Courts of general jurisdiction
(superior courts, circuit courts)
Courts of limited jurisdiction
(municipal courts, small claims courts)
4. Figure 2. A typical state court system.
Courts of limited jurisdiction. Most states have trial courts, called courts of
limited jurisdiction, that hear only certain types of cases (e.g., those concerning probate
or criminal matters). These courts hold a variety of names called municipal, justices of
the peace, probate, small claims, and traffic courts.
Courts of general jurisdiction. Courts of general jurisdiction are often referred
to as circuit, chancery, district, superior, or juvenile courts. Their jurisdiction covers all
cases except those reserved for courts of limited jurisdiction. Decisions may be appealed
from courts of general jurisdiction to intermediate appellate courts or, in some cases, to
the court of last resort.
Intermediate appellate courts. Most states have intermediate appellate courts.
These courts have been established to hear appeals from trial courts or certain state
agencies. The primary role of the intermediate appellate courts is to review proceedings
from trial courts to determine if substantive or procedural errors occurred in applying the
law. The purpose of the intermediate appellate courts and the courts of last resort are
similar in this regard. The primary difference between the two courts is discretion. The
intermediate appellate court has less discretion in accepting cases than does the court of
last resort.
Court of last resort. All states have a court of last resort. In most states, the
court of last resort is called the supreme court. The primary function of this court is to
review lower court decisions on appeal. Nonfederal matters may not be appealed beyond
a state’s supreme court. However, if a federal question is involved, an appeal may be
forwarded to the federal courts or the United States Supreme Court.
Conclusion
The American judicial system consists of federal and state courts. The federal
court system has its basis in the U.S. Constitution. State court systems have their basis in
state constitutions or statutory laws. The federal courts have primary jurisdiction on
federal law questions, while state courts have primary jurisdiction on laws of each
respective state. Legislation relating to schools has increased significantly in both volume
and complexity since the mid-twentieth century, and federal and state courts have played
an important role in interpreting statutory and constitutional provisions.
References
Constitution of the United States, Article III, Sec. 1.
Grove City Coll. v. Bell, 465 U.S. 555 (1984).
Marbury v. Madison, 5 U.S. (1Cranch) 137 (1803).