Chapter 5 Notes

Thought Question:

Includes one of the states or the country, high crimes of an official, dealing with the Constitution. State includes crimes, etc.

Notes:

• Federal Court System:
  • Under Article III of of the Constitution was given the authority to hear cases based on jurisdiction.
  • Jurisdiction: authority to make proper judgement and due process.
  • Federal courts have jurisdiction over cases in which the Us or a state is a party, cases that question the interpretation of the Constitution, diversity of citizenship cases over $50000, and cases regarding the seas, patent-rights, copyrights, and bankruptcy.
  • Three Tiers:
    • US District Courts
      • Jurisidiction to hear federal cases for the first time. Original Jurisdiction
      • Considered trial courts for criminal and civil actions.
      • There is one district court in each state, based on population. Total of 95 district courts.
    • Appellate Jurisdiction: hears a case for the second time.
      • Divided into 13 circuit courts that are arranged geographically. Each circuit has one circuit court and several district ocurts.
      • Court of Appeals cases are heard by a panel of 3 judges. There is no review trial.
    • Supreme Court: Highest court of the land.
      • Has both appellate and original jurisdiction in hearing cases.
      • Appellate function is in questioning the constitutionality of the law in question.
      • Bush v. Gore: Decision Gore has a right to win this case and the votes should be recounted, but since state law mandates a recount by a certain time. This deadline has passed.
      • Original jurisdiction which include ambassadors, public officials, and cases which involve a state.
      • 9 justices, 4 is the majority, so a minimum of 7 justices are necessary for a trial.
• State Courts:
  • Local Trial Courts: Limited jurisdiction over minor matters like misdemeanors and civil offenses. States determine what jurisdiction these courts have. Petty offenses.
  • General Trial Courts: Each county has at least one general court for major civil crimes and criminal courts. Sometimes hear appeals. General Jurisdiction. Also known as county courts.
  • Special Courts: Established to try special cases. Designed to hear specific cases.
    • Ex. juvenile courts: over juvenile deliquents, deceased issues courts (probate courts), etc.
  • Intermediate Appellate Courts
    • Based on the law, not fact. Generally have appellate jurisdiction from states’ lower court system, sometimes special cases may be heard for the first time.
    • Only hear oral arguments from the lawyers. Usually only if evidence that a judge or jury has been prejudiced in some way.
  • State Supreme Courts
    • NY does not have a State Supreme Court.