Lawmaking and the court systems

what are 4 ways laws can be “made”?

1. legislatives

2. administrative agencies

3. precedent

4. citizens

the federal legislature is….

the senate has 100 reps

the house has 435 reps

US congress

laws created by states are known as…..and will only affect people in their state

state statutes

local laws

cities and towns also have lawmaking power, usually on a city council or board

there can sometimes be disputes over an interpretation of the law. these can end up in court and interpreted by…. this is known as….

a judge, legislative intent

what are the 2 types of courts?

federal and state

trial courts hear…. for the….

cases, 1st time

what is the purpose of a trial court?

determine the facts and apply the law

the trial court is the only system to have a….

jury

a defendant can…. their right to a…. called a….

waive, trial, bench trial

appellate courts hear….

appeals

an appeal is….

a request to change the decision of the trial court

appellate courts have…. but instead the decision is by….

no jury, a panel of justices

what are the two types of error in law?

procedural and substansive

procedural error is….

the process was unfair

substansive error is….

an error in fact or law

what does the process of appeal typically look like?

1. transcripts

2. appellate brief

3. the judges/justices agree or refuse to hear the case

4. oral arguments

5. decision is presented

the justices must rule….

1. affirm the lower courts decision

2. reverse the lower courts decision

3. modify the sentence or damages

4. remand send back to the lower courts for a retrial

how does ruling work?

the justices vote, and the majority opinion sets the precedent

dissenting opinion is….

against majority

concurring opinion is….

with majority, but for different reasons

jurisdiction

the power given to a specific court/judge

exclusive jurisdiction

answers, which court system has the right to try?

original jurisdiction

the right of the court to try a case for the 1st time

appellate jurisdiction

the right of the court to hear an appeal

4 areas that the federal government has exclusive jurisdiction

1. any violation of federal state law

2. serious matters between states or state v. federal

3. lawsuits between individuals of different states when $75k or more

4. any violation of admirality, maritime, patents copyright, bankruptcy

what are the 2 types of local courts?

1. municipal (traffic, small claims, juvy)

2. magistrate (one judge and one court room, justice justice of peace, in rural areas)

us district court appeals to….

us circuit court of appeals

us circuit court of appeals appeals to….

us supreme court

a county court appeals to….

AN INTERMEDIATE COURT OF APPEALS

AN INTERMEDIATE COURT OF APPEALS appeals to….

A STATE SUPREME COURT

A STATE SUPREME COURT appeals to….

us supreme court

us district court

• TRIAL Court 

• ORIGINAL JURISDICTION

• Only Federal Court to have a JURY

us court of appeals

• APPELLATE JURISDICTION

• Only hears appeals from the US District Court

us supreme court

• APPELLATE JURISDICTION

• In rare cases ORIGINAL JURISDICTION

EX: cases regarding serious state issues

EX: Issues regarding Federal v States (presidential election! Bush v. Gore and Trump v states)

• Must provide a Writ of CERTIORARI - a petition asking to be heard by the supreme court