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U.s. Judiciary is an adversarial system: meaning what? Who are litigants? the vast majority of cases occur in the state system, and most (whether criminal or civil) never actually end up in trial. In the federal system, There are 94 - these are the trial courts. What kinds of cases start in the federal district court, rather than the state trial courts?
U.s. Judiciary is an adversarial system: meaning what? Who are litigants? the vast majority of cases occur in the state system, and most (whether criminal or civil) never actually end up in trial. In the federal system, There are 94 - these are the trial courts. What kinds of cases start in the federal district court, rather than the state trial courts?
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U.s. Judiciary is an adversarial system: meaning what? Who are litigants? the vast majority of cases occur in the state system, and most (whether criminal or civil) never actually end up in trial. In the federal system, There are 94 - these are the trial courts. What kinds of cases start in the federal district court, rather than the state trial courts?
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PPT, PDF, TXT herunterladen oder online auf Scribd lesen
What is the difference between criminal & civil cases? How about statutory & common law?
It is an adversarial system: meaning what?
Who are litigants? Individuals or groups with standing to sue Class action suits Justiciable disputes Supreme Court of Legislative Courts The United States Mil. Appeals, Internat’l, Tax; Almost 30%; must Judges have fixed raise a federal terms Over 65% question Less than 5% 50 State Supreme Courts 12 Circuit Courts of Further appeal for ruling Appeals & Court of Appeals by highest state court For the Federal Circuit Original Jurisdiction: Cases involving Appeals of ruling by district courts & decisions by regulatory ambassadors & Intermediate or administrative agencies diplomats; some cases in which a state is a Appellate Courts party Party loses & appeals 94 District Courts Cases involving State Trial Courts Const. / federal law Cases involving state are tried in federal law are tried in state district (trial) court trial courts
STATE ROUTE FEDERAL ROUTE
The State Trial Courts – State Courts of Original Jurisdiction:
The vast majority of cases occur in the state system, &
most (whether criminal or civil) never actually end up in trial – why not?
In Illinois, we call the state courts the “Circuit Courts,”
& they include a number of different categories (criminal, divorce, traffic, etc.)
In the state system, these are the only courts in which an
actual “trial” will ever occur – what does this mean?
What about Judge Judy, The People’s Court, etc.?
The Federal District Courts – Federal Courts of Original Jurisdiction:
There are a total of 94 - in the federal system, these are
the trial courts
What kinds of cases start in the federal district court,
rather than the state trial courts? Federal crime/federal civil law Diversity of citizenship
Federal Magistrates are hired (due to workload issues for
judges) to handle warrants, simple motions, bail issues, preside w/ consent of parties
U.S. Attorneys prosecute cases on behalf of the U.S.
The Federal Courts of Appeals – Courts of Appellate Jurisdiction:
There are a total of 12 Circuits, each with jurisdiction
over an area including a number of district courts, & including one “Court of Appeals for the Federal Circuit” which serves as a nationwide appeals court for certain issues (patents, etc.)
Typically work in panels of three, except for very
significant cases in which they hear cases en banc
U.S. Solicitor General’s office is charged with handling
appeals on behalf of the U.S., determining whether to seek appeal to Supreme Court Liberal Swing Conservative Chief Justice John Roberts AntoninGinsburg Scalia Scalia AnthonyBreyer Kennedy Kennedy Thomas Clarence Sotomayor Thomas Roberts Ruth Bader KaganGinsburg Alito Stephen Breyer Samuel Alito Jr. Sonia Sotomayor Elena Kagan