Chapter 8 - 6th Edition Mod
Chapter 8: Courts: The System
8.1 Chapter Learning Objectives
Difference Between Courts:
Civil Courts vs. Criminal Courts
Jurisdiction and its relevance
Judicial Jurisdiction:
Different types of jurisdiction
Federal Court System:
Basic structure
Comparative Analysis:
Differences between federal and state court systems
Supreme Court Case Selection:
Process of selecting cases for review
8.2 Development of the American Court System
Dual Court System:
Exists at both federal and state levels
Historical Background:
By 1776, all American colonies had their own court systems
Federal court system established by Article III, Section 1 of the U.S. Constitution
8.3 Selection of Judges
Federal Judges:
Nominated by the President and confirmed by the Senate
Serve for life unless removed by impeachment
State Court Judges:
Selection methods vary:
Appointment
Election
Combination of methods
8.4 Civil and Criminal Courts
Primary Divisions of U.S. Court System:
Civil Courts
Criminal Courts
8.5 Civil Courts
Purpose:
Handle legal disputes among private parties (individuals, companies, corporations)
Involvement of Government:
May involve disputes between private parties and government entities
8.6 Civil Courts Relief
Types of Relief in Civil Cases:
Compensatory Damages:
Reimbursement for actual damages
Punitive Damages:
Monetary award to punish wrongdoing
Injunctions:
Court orders to mandate or prevent specific actions
8.7 Civil Courts Case Types
Ways to Bring a Case:
Tort Action:
Civil wrong, breach of duty causing harm
Breach of Contract:
Failure to fulfill a contractual agreement
8.8 Civil Case Evidence
Level of Evidence:
Requires a preponderance of the evidence (more likely than not)
Less stringent than criminal cases; emphasis on convincing evidence by the plaintiff
8.9 Criminal Court
Nature of Criminal Cases:
Initiated by the government; charges against individuals
Role of Prosecutors:
District attorneys, solicitors, etc.
8.10 Criminal Court Process
Burden of Proof:
Lies on the prosecution; must prove guilt beyond a reasonable doubt
Highest standard of evidence
8.11 Jurisdiction and Venue
Jurisdiction:
Legal authority of courts based on territory, subject matter, or persons involved
Venue:
Geographic area where the court can decide a case
8.12 Types of Jurisdiction
Types:
Original jurisdiction
Limited jurisdiction
General jurisdiction
Appellate jurisdiction
8.13 Original Jurisdiction
Definition:
Authority to hear cases originating in a specific geographical area
8.14 Limited Jurisdiction
Characteristics:
Concerned only with specified subject matters
Handles misdemeanor cases and small claims
Example courts include municipal, traffic, and probate courts
8.15 General Jurisdiction
Characteristics:
Authority over all subject matter not assigned to limited jurisdiction
Includes felony cases and civil lawsuits
Examples: District courts, Superior courts, Circuit courts
8.16 Appellate Jurisdiction
Overview:
Reviews judgments from lower courts; does not conduct trials
Focuses on interpreting the application of the law
8.17 Federal Courts vs. State Courts
Federal Court Responsibilities:
Cases involving constitutional issues, treaties, disputes between states, admiralty law, etc.
State Courts Responsibilities:
Handle most criminal cases, probate, contracts, torts, and family law issues
Appeals:
Federal law cases can be appealed to the Supreme Court
8.18 Federal Court System Organization
Structure:
Three tiers:
District Courts (trial courts)
Federal Circuit Courts of Appeal (appellate courts)
United States Supreme Court
Other Federal Entities:
Military Courts, Veterans Affairs Appeals, Tax Court, Administrative Agencies
8.19 Federal District Courts
Characteristics:
Jurisdiction covers nearly all federal case types (criminal and civil)
94 federal judicial districts present across the U.S.
Case Statistics:
In 2018, 81,553 criminal cases heard
High plea deal rates (97.2% guilty pleas)
8.20 Federal Circuit Courts of Appeals
Organization:
Comprised of 12 regional circuits
Review decisions from federal district courts and administrative agencies
8.21 U.S. Supreme Court
Description:
Highest court; consists of Chief Justice and 8 Associate Justices
Justices appointed by the President and confirmed by the Senate
Current Chief Justice: John G. Roberts, Jr.
8.22 State Court Systems
Statistics:
Over 84 million cases filed in state courts in 2016, with 53% traffic cases
Approximately 17.8 million criminal cases heard in state courts in 2016
8.23 Supreme Court Case Selection Process
Annual Requests:
6,000 – 7,000 requests to hear cases
Selects 100 to 150 cases per year
Rule of Four:
At least four justices must agree to hear a case
Court issues a writ of certiorari to request lower court records for reviewed cases.