COURT STRUCTURE AND State Courts

JURISDICTION
 STATE COURTS V. FEDERAL COURTS

SIMILARITIES

 A system of trial, appellate, and supreme courts.

 Note: Virginia, West Virginia, and New Hampshire do not have
intermediate appellate courts.
 Trial courts have original jurisdiction.
 Losing party generally has a right of appeal from a trial court to
the state’s appellate court.
 Caveat: rules vary by state.
 Supreme courts generally have discretionary jurisdiction.
 Exceptions: constitutional and death penalty case (depends on state)
 Kentucky: death penalty, life imprisonment cases go directly to state’s
supreme court as a matter of right.
 Same constitutional standard for personal jurisdiction.
 Venue requirements are defined by statute.
 STATES COURTS V. FEDERAL COURTS

DIFFERENCES

 Created pursuant to state law, not Article III of U.S. Constitution

(50 different state court systems).
 Different judicial selection procedures (to be discussed later).
 Labeling differs amongst the states.
 E.g. California and New York.
 Circuit courts are usually trial courts of original jurisdiction in the states.
 Handles both state and federal law – much broader subject
matter jurisdiction.
 Concurrent Jurisdiction: two courts from different systems
simultaneously have subject matter jurisdiction over a particular case.
 Exclusive Jurisdiction: Only one court has power to hear a case.
 Note: State supreme courts are the final arbiters of state law;
U.S. Supreme Court is the final arbiter of federal law.
 Issues of states law cannot be appealed to U.S. Supreme Court.
KENTUCKY COURT STRUCTURE

SEE HANDOUT
KENTUCKY SUPREME COURT
 SPECIALIZED CIRCUIT COURTS
IN KENTUCKY
 Family Courts
 Have exclusive jurisdiction over all family -related matters: divorce, child
custody, adoption, domestic violence, etc.
 A trial court of original jurisdiction – specialized circuit court.
 Introduced across the state in 2002, pursuant to Kentucky’s constitution.
 Drug Courts
 Intervene in substance abuse cases.
 Judges may refer drug users to drug court to seek substance abuse
rehabilitation.
 Allows some drug users to avoid incarceration.
 Limited v. General Jurisdiction
 Limited jurisdiction: court has power to hear only select cases.
 General jurisdiction: court has power to hear a broad range of cases.

Why have drug or family courts?

 PRECEDENT (REVISITED)

Binding Precedent
 All courts (both federal and state) are required to follow U.S.
Supreme Court decisions.
 A federal district court is required to follow the Court of Appeals
located within its judicial circuit.
 State supreme and appellate courts create binding precedent
within a state (other states not obligated to follow).
 Trial courts (e.g. U.S. district courts or state circuit courts) are
not considered precedent -setting courts.
 Unpublished decisions are not binding precedent.

Persuasive Authority
 A court may choose to follow precedent, even if not binding, if it
considers it persuasive.
 Legal principles tend to diffuse amongst the states and federal courts.