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The Court System and Sources of Rights

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Page 1: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Court System and Sources of Rights

Page 2: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

Structure of the Court System

Dual court system – one for federal cases and one for state cases

52 separate judicial systems- 50 states Federal Washington, DC

Page 3: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

Federal vs. State Jurisdiction

How do we determine to file a case in federal or state court?If violates federal law, case tried in federal courtIf violate state law, case tried in state court

Page 4: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

Federal vs. State Jurisdiction

If violates federal and state law, may be tried in either or both courtsHow do they decide which court to file in?Why not double jeopardy? applies only to successive prosecution

for the same offense by the same jurisdiction

Page 5: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

What is jurisdiction?

Authority to try a caseConferred by lawDifferent courts have different jurisdicitons

Page 6: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

The highest court in the federal system is the U.S. Supreme CourtWill spend most time in class on U.S. Supreme Court decisions6 justices are considered a quorum5 votes needed to win a case

Page 7: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

What is the jurisdiction of the U.S. Supreme Court?

Appellate cases involving questions of federal law or the U.S. Constitution

Page 8: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

Receive 8,000 cases a year and hear 100 How do they decide which cases to hear?

Rule of Four – four justices must agree to consider/hear a case

Page 9: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

What happens to the other cases not selected?Per curiam decision – decision of lower court is left undisturbed

Page 10: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

What is the territorial effect of the decisions made by the US Supreme Court?Binding on all courts in the nation

Page 11: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

Next level is US Courts of Appeals (13 judicial circuits) 5th Circuit is Texas, Louisiana, and Mississippi

What is the jurisdiction?Primarily appellate cases from the US District Courts

Page 12: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

What is the effect of their decisions?Binding in judicial circuit only

Problem – decision may be different among circuits Ex. roadblocks

Page 13: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

Next level is US District Courts (94 judicial districts)General trial courtDecisions binding in district onlyTexas has 4 districts

Page 14: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Federal Court System

Next level is US Magistrates CourtsLimited Jurisdiction – try minor offenses and misdemeanor cases in which one year or less of incarceration is possibleRelieve district courts of heavy caseloads

Page 15: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The State Court System

Varies from state to state but generally follow a similar pattern Supreme Court Intermediate Appellate Courts General Jurisdiction Trial Courts Lower Courts

Page 16: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

Most cases enter the federal and state judicial systems at the trial level Cases can usually be appealed to the next highest level of court Determine whether errors of law

occurred during trial or sentencing

Page 17: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

What happens if the appellate court determines that an error has occurred?

It depends on the type of error

Page 18: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

Two types of error:Prejudicial error – would have affected the outcome of the case

Harmless error – would not have affected the outcome of the case

Page 19: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

If harmless error, nothing happensIf prejudicial error, remanded to trial court for action consistent with opinion of the appellate court

Page 20: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

If prejudicial error, what happens?Can retry case – Why not double jeopardy?Can dismiss case

Page 21: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

The Appellate Process

Why is appellate process so crucial?

Provides uniform law, if not appealed then conflicting decisions

Page 22: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

Principle of Stare Decisis (Judicial Precedent)

To abide by, or adhere to, decided casesDecisions of courts have value as precedent for future cases similarly circumstancedPrecedent can be discarded at any time by the court that decided it Why composition of Supreme court so

critical

Page 23: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

State laws and constitutions can give defendants more protection than US Constitution but not less Trial by jury for juveniles

Page 24: The Court System and Sources of Rights. Structure of the Court System Dual court system – one for federal cases and one for state cases 52 separate judicial

Incorporation Controversy

Bill of Rights originally applied to the federal governmentThrough selective incorporation (via 14th Amendment), the rights enumerated in the Bill of Rights became applicable to states Except grand jury indictment and

prohibition against excessive bails and fines