Dual Court System Chapter 3

Transcription

1 Dual Curt System Chapter 3

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3 Dual Curt System In the United States the justice system has tw parts: 1. The Federal Curt System 2. The State Curt System Federal curts hear cases invlving federal matters and matters invlving diversity f citizenship. State curts have their wn rules.

4 Jurisdictin Jurisdictin is the pwer and authrity given t a curt t hear a case and make a judgment. Federal Curts have jurisdictin ver several types f cases: Actins in which the United States r ne state is a party, except thse actins between a state and its citizen. Cases that raise a federal questin, such as interpreting the cnstitutin. Diversity f Citizenship cases

5 Jurisdictin Admiralty cases, r thse pertaining t the sea. Patent and Cpyright cases. Bankruptcy Cases Example f a Federal Case Lcal plice f a large city caught a wman breaking int a federal gvernment building. The plice arrested the wman, but because the crime was cmmitted against federal prperty, she was turned ver t federal authrities fr trial in a federal district curt.

6 Federal Curt Arrangement Federal curts are arranged in three steps: 1. U.S. District Curt a. lcated all thrughut the US 2. U.S. Curt f Appeals 3. Supreme Curt f the U.S.

7 District Curts District Curts have riginal jurisdictin ver mst federal curts, meaning they try a case the first time it is heard. Bth civil and criminal cases can be tried in these curts.

8 Curt f Appeals The US Curt f Appeals, is als knwn as Appellate Curts, are intermediate curts, which means they are between the lwest and highest curts. These curts hear appeals frm cases that were made at lwer curts. Appellate Jurisdictin this means that any party t a suit decided in a federal district curt may appeal t the curt f appeals fr a new hearing.

9 Curt f Appeals The United States is divided int thirteen circuits Each circuit has several district curts and ne curt f appeals. A panel f three judges is respnsible fr making decisins at each curt f appeals N witnesses are heard, n jury is present, and n evidence is presented Only questins f law can be raised, nt questins f fact.

10 Supreme Curt This is the highest curt in the United States. It has riginal jurisdictin n the fllwing cases: Invlving ambassadrs, cnsults, ther public ministers, and cases in which the state is a party. Appellate jurisdictin is the curts main functin. Must hear all cases that invlve the cnstitutin r federal law. There are 9 members f the supreme curt, serving life terms and are elected by president.

11 Special US Curts These curts have been set up by cngress. These curts hear nly certain kinds f cases: Suits brught by citizens against the federal gvernment. Disagreements ver taxes n imprted gds. Disputes between tax payers and the IRS.

12 State Curt System The state curt system perates in almst the same manner as the federal curt system.

13 Lcal Trial Curts Lcal curts are curts f limited jurisdictin that handle minr matters, such as: Misdemeanrs Civil actins invlving small amunts f mney. Minr cases can als be heard in these varius types f curts: Traffic Curts Plice Curts Municipal Curts

14 Lcal Trial Curts There are als special lcal curts that deal with: Juveniles Family Disputes Small Claims

15 General Trial Curts Each cunty in mst states has at least ne general trial curt r a curt f general jurisdictin. These curts can handle bth civil and criminal cases These curts als g by the fllwing names: Cunty Curt, Curt f Cmmn Pleas, r Circuit Curt

16 Special Curts In mst states, there have been special curts set up t hear special cases. Examples: Prbate curts handle prperty f deceased peple and handle adptins Dmestic Relatins curts and juvenile curts.

17 Dmestic Relatins Curts These cases are in almst each cunty in every state. These curts handle divrce, annulment, and disslutin prceedings. This curt is als respnsible fr matters cncerning the distributin f prperty at the end f a marriage, including alimny and child supprt.

18 Juvenile Curts Juvenile curts have special jurisdictin ver delinquent, unruly, abused, r neglected children up t a certain age. Hearings are in mre f an infrmal setting rather than in a curtrm. Yung peple wh are tried in juvenile curt have n right t a trial by jury r released n bail.

19 Juvenile Curt Delinquent Child is a minr under a certain age (generally 16-18) wh cmmitted an adult crime. Sme states have adpted t their laws a minr wh attempts t purchase a firearm. Unruly Child is a general minr wh has dne smething inapprpriate that is nt cnsidered an adult crime. Vilating curfew, skipping schl, r use f tbacc r underage drinking. Neglected r Abused Child is ne wh is hmeless, destitute, r withut adequate parental care.