BLAW 301 The Court System
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85 Terms
court system key players
judges and justices
lawyers
jurors
judge
presides over trials and pre- and post- trial activities
justice
the title generally given to judges serving on the US supreme court or a state supreme court.
what does a trial judge do?
tpresides over litigation and interprets/enforces the procedural rules governing hoe the dispute is litigated.
what does the judge do in a jury trial?
rules on legal issues while the jury decides factual issues
what is a bench trial?
a trial with no jury; the judge decides both the facts and legal issues
what do appellate judges/justices do?
hear arguments concerning disputed legal issues and review the trial judges rulings on those issues
how do appellate courts contribute to common law?
appellate judges/justices issue orders explaining the rationale for their decisions, which contributes to the creation of common law
juror
an individual called to serve on either a petit jury or grand jury
petit jury
a jury of 6-12 people that decides guilt in a criminal trial or a liability in a civil trial
what does a petit jury evaluate?
evidence admitted during trial using the legal standards and instructions provided by the judge
sixth amendment
gives criminal defendants the right to a speedy trial by an impartial jury
seventh amendment
provides the right to trial by jury in civil cases
do state constitutions provide jury trial rights?
yes, state constitutions also routinely provide jury trials
petit jury v grand jury
a petit jury participates in a civil or criminal trial and decides guilt/liability; a grand jury operates before a criminal trial and determines whether probable cause exists
is a grand jury used in civil litigation?
no
what is the purpose of a grand jury?
to determine whether probable cause exists to believe a crime has been committed
does a grand jury determine guilt or innocence?
no
what happens if a grand jury finds probable cause?
it issues an indictment, and the defendant is bound over for trial.
which amendment addresses federal grand juries?
the fifth amendment
fifth amendment grand jury rule
with some exceptions, a person may not be tried for a capital or infamous crime without an indictment by a grand. jury
how many people are typically on a grand jury?
16-23 people
are grand-jury proceedings open to the public?
no
is a judge present during a grand jury?
no
who is often the only lawyer present during a grand jury?
the prosecutor
role of lawyers in litigation
represent clients and facilitate the adversarial process
what limits lawyers during the adversarial process?
rules of ethics and court procedural rules
do lawyers have obligations only to their clients?
no. they also have independent obligations to the court to act according to certain rules
what are the three tiers of state courts?
trial courts
appellate cours
state supreme court
trial court
the court where parties file lawsuits, conduct discovery, and potentially have a trial.
what are some names for state trial courts?
district court, circuit court, county court, or surperior court
subject matter jurisdiction
determines the types/subjects of cases over which a court has power
what type of subject matter jurisdiction do state trial courts usually have?
general jurisdiction
general jurisdiction
authority to hear cases involving essentially any subject matter, such as divorce, negligence, or murder.
what can a party dissatisfied with a trial court decision typically do?
appeal to a court of appeals
is an appeal a new trial or a do over?
no
what happens during an appellate proceeding
lawyers present legal arguments to appellate judges
do appellate courts independently develop new facts?
no
what happens during an appellate proceeding?
lawyers present legal arguments to appellate judges
do appellate courts independently develop new facts?
no
what factual record does an appellate court use?
the factual record developed in the trial court
what do appellate courts promarily focus on?
legal issues
how many judges typically hear a case in a court of appeals?
a three-judge panel
what are two appellate levels found in most states?
court of appeals and state supreme court
Does every state use the exact same names for its courts?
No. States can name their courts differently.
Can a party automatically appeal a Court of Appeals decision to the State Supreme Court?
generally no
How does a case reach a State Supreme Court?
A party requests review, and the State Supreme Court has discretion to grant or deny it.
What does a State Supreme Court focus on?
Legal issues considered in the context of the factual evidence in the trial record.
How many justices must a State Supreme Court have?
There is no universal number; each state determines its number.
How many justices are on the Kansas Supreme Court?
7
Can a State Supreme Court case potentially reach SCOTUS?
Yes. A dissatisfied party may ask the U.S. Supreme Court to review the case.
Does a litigant have a right to appeal a State Supreme Court decision to SCOTUS? →
no
Who decides whether SCOTUS reviews the case?
SCOTUS; review is discretionary.
When will SCOTUS typically grant review?
When a case involves a novel and important federal-law question, a split among federal courts of appeals on federal law, or a dispute between states
What authorizes the federal courts?
Article III of the U.S. Constitution.
What are the three tiers of the federal court system?
district court
us courts of appeals
us supreme court
us district court
The trial-court level of the federal court system.
How many federal judicial districts does each state have?
at least one
Why do some states have multiple federal districts?
More populous states may be divided into multiple districts.
Example of a federal district court in Kansas
us district court for the district of kansas
Example of a federal district court in Missouri
us states district court for the western district of missouri
What type of jurisdiction do U.S. District Courts have?
Limited subject matter jurisdiction.
State trial court jurisdiction vs. federal district court jurisdiction
State trial courts usually have general jurisdiction; federal district courts have limited subject matter jurisdiction.
What role does a federal district court serve when it has jurisdiction?
Essentially the same role as a trial court in the state system.
Where does a party typically appeal a U.S. District Court decision?
A U.S. Court of Appeals.
Does a party typically have a right to appeal a U.S. District Court decision? →
yes
What do U.S. Courts of Appeals focus on?
legal issues
Do U.S. Courts of Appeals retry cases?
no
How many U.S. Courts of Appeals are there?
13
How are the U.S. Courts of Appeals organized?
The country is divided into 12 geographic regions, plus one specialized Court of Appeals.
What does a regional U.S. Court of Appeals hear?
Appeals from U.S. District Courts within its geographic region.
What is special about the D.C. Court of Appeals?
D.C. is the smallest geographic region, but because Congress and many federal agencies are there, its Court of Appeals is a major appellate court for federal-government issues.
How is the rest of the country outside D.C. divided for federal appeals?
Into 11 numbered circuits.
Which circuit hears appeals from the federal district court in Kansas?
The U.S. Court of Appeals for the Tenth Circuit.
U.S. Court of Appeals for the Federal Circuit
A specialized appellate court that hears appeals involving particular subject matters from across the country.
Example of a case heard by the Federal Circuit
patent cases
What makes the Federal Circuit different from regional circuits?
Its jurisdiction is based on subject matter rather than geography.
Are certain appeals heard exclusively by the Federal Circuit?
Yes. Certain subject matters fall exclusively within its appellate jurisdiction.
How can a party ask SCOTUS to review a U.S. Court of Appeals decision?
File a petition for a writ of certiorari.
Writ of certiorari
The mechanism through which a party asks the U.S. Supreme Court to review a lower appellate court's decision.
Does SCOTUS have to grant certiorari?
No. Granting or denying certiorari is discretionary.
appellant
The party who files an appeal, regardless of whether that party was the plaintiff or defendant at trial.
appellee
the other party in an appeal
petitioner
the party requesting review by the us supreme court
respondent
the other party when review is requested from the us supreme court