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Types of Courts Types of Courts

Types of Courts - PowerPoint Presentation

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Types of Courts - PPT Presentation

American Government Standing In order for a case to be heard in our legal system the plaintiff must have standing to sue This means that the plaintiff generally must have sustained or is in in immediate danger of sustaining a direct and substantial injury from another person or an actio ID: 194636

court courts jurisdiction cases courts court cases jurisdiction federal states state juries district trial appeals supreme citizens law appeal

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Slide1

Types of Courts

American GovernmentSlide2

Standing

In order for a case to be heard in our legal system, the plaintiff must

have standing to sue

This means that the

plaintiff

generally must have sustained, or is in in immediate danger of sustaining, a direct and substantial injury from another person or an action of government

The

defendant

is then the one who is accused of causing said harm

Conflicts

must also be considered

justiciable

disputes

This means that they have to be capable of being settled by legal

methods

Courts have what are called

dockets

, or a list of cases that are either in progress or are pending trialSlide3

Constitutional Courts

The

Constitutional

courts

include:

Federal District Courts

The Federal

C

ourts

of

Appeal

United

States Court of

International

trade.

These

courts are established under the provisions of Article 3 of the

ConstitutionSlide4

District Courts

Federal

D

istrict Courts

are trial courts.

States are divided into

91

districts, each having a

Federal District Court

Issues

of federal statutory or Constitutional law and cases involving citizens of different

states

Few cases are appealed from this

court

Federal District Courts have

original jurisdiction

Original jurisdiction involves cases heard by the court for the first time in a particular geographic area or sphere of the law

Courts of original jurisdiction are generally trial courts in which decision are made by juries

District courts are considered to be

inferior courts

, because their decisions can be appeale

d to a higher courtSlide5

District Courts

Federal jurisdiction covers criminal and civil cases that involve:

Federal Crimes

Treaties

with foreign

nations

Interpretations

of the

Constitution

Bankruptcy

Admiralty

or maritime law.

Ambassadors

and other reps of foreign

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

Citizens

of the same state claiming lands under grants of different states

A state

or its citizens and a foreign country or its

citizens

Despite the ability to hear this broad base of cases, 98% of all criminal cases are heard in state and local court systemsSlide6

Courts of Appeal

The

U.S. Courts of Appeal

review final decisions made by district courts

They also have the authority to review and enforce the orders of many independent regulatory commissions such as the SEC and the NLRB

There are 12 judicial circuits for appeals

These courts specialize in correct errors of procedure and law that occurred in the original proceedings of legal casers

These courts hold no trials and hear no testimony

These courts set precedent for all courts and agencies within their jurisdictions

The U.S. Courts of Appeal have

appellate jurisdiction

Appellate jurisdiction applies when courts have the right to review cases from lower courts on appeal

The final appeal coming from the Supreme Court

Appellate courts never have original jurisdiction

The exception to this rule is the Supreme

Court

The U.S. Court of Appeals is the superior court to the District Courts, but is an inferior court to the Supreme CourtSlide7

Constitutional Court

The

Court of International Trade

was formally known as the United States Customs

Court

The Court of International Trade has jurisdiction over cases dealing with

tariffs

Citizens who believe that tariffs are too high bring most of the cases heard in this

court

The court is based out of New York even though it is a federal

courtSlide8

Special Courts

The

U.S

Claims Court

handles cases

levied against

the

United States

for money

damages

A person who believes that the

government

hasn’t paid a bill for goods or services may

sue the government

The

U.S

Tax

C

ourt

acts under its power to

tax

It

hears cases relating to federal

taxes

These

are cases in which people disagree with the IRS or other Treasury Department agency rulings about federal

taxes

This court handles

cases appealed from Tax

courtsSlide9

Special Courts

Court of Military Appeals

This is the armed forces highest appeals court

These are cases involving those convicted of breaking military law

The Court of Military Appeals is referred to the GI Supreme Court. The GI Supreme court has the power to review these

decisions

When military personnel are put on trial for the violation of military law, it is referred to as a

court-martial

Court

of Veterans Appeals

These have to do with unsettled claims involving veteransSlide10

State Courts and Concurrent Jurisdiction

State courts have jurisdiction over cases involving state laws

(state jurisdiction)

States have their own judiciary system and have various rules regarding how appeals are to be heard

States also have their own Supreme Courts designed to deal with major appellate questions

Concurrent jurisdiction

occurs in cases involving persons of different states in disputes of at least $50,000

Being tried at both the state and federal level for the same crime is known as

dual sovereignty

Dual sovereignty is not deemed a violation of double jeopardy Slide11

Juries

Most courts have the ability to try

both criminal and

civil cases

Courts generally

use two different types of juries

when hearing cases. These juries are:

Grand Juries

Grand juries decide whether a case should go to trial based upon the prosecutions evidence

If a grand jury decides there is not sufficient evidence to go to trial, charges are generally

dropped

Petit Juries

Petit

juries are trial juries, usually consisting of 6 or 12

people

This type of jury weighs the

evidence presented at a trial and

then render

a

verdict of guilty or not guilty