The Court System
What is a court?
• Our laws are interpreted and enforced by courts.
• Authorized by federal or state constitutions and established by legislatures.
• Settle disputes and apply the law fairly and consistently.
• Forum for the party who present a complaint, the party who answers a
complaint and the jury or judge who settles the dispute.
Jurisdiction
• Many types of courts in the US.
• First question: Which court has the power to hear the case?
• This is called jurisdiction. Depends on: • Geography (the place- some courts have
jurisdiction over only a county where as others over a whole state)
• Matter at hand (the thing- amount of money
involved in a dispute, nature of alleged the crime, ex: traffic issues, etc.)
General and Limited Jurisdiction
• General jurisdiction
• These courts can hear a variety of cases (most civil and criminal matters)
• Courts of limited jurisdiction have jurisdiction over certain matters.
• Probate courts
• Bankruptcy courts
• Juvenile courts
• Small claims courts
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Original and Appellate Jurisdiction
• Original
• Power to hear the case for the first time and a trial can take place. Ex: Murder trial
• Appellate
• Power to review the decisions of a trial court. No trial (no
witnesses, new evidence, etc.) Ex: appeal on a murder trial
Trial Courts
•
Listen to testimony, consider evidence,
decide the facts in disputed situations.
Decision is made by a judge or jury.
•
Civil trial: party bringing legal action is
the plaintiff.
•
Criminal trial- the government (state or
federal) initiates the case and is called
the prosecutor.
•
In both civil and criminal trials, the
party responding to the prosecutor
(criminal) or plaintiff (civil) is the
defendant.
Trial Court Cont’d.
•Judge: protects rights of those involved.
Ensure attorneys follow rules of evidence and trial procedure.
•Right to trial by jury guaranteed by 6th and
7th Amendments. Not always used though.
•In civil cases, plaintiff or defendant may
request jury trial.
In criminal cases, defendant decides whether there will be a jury.
•If jury trial is requested, a jury is selected
and charged with determining facts and
Appellate Courts
• A party presents arguments asking court to change decision of trial court.
• Can only appeal by claiming trial court committed an error of law.
• No juries, witnesses, or evidence is
presented. Only lawyers appear before the judges (3 or more) to make arguments.
• Examine trial court transcripts and read appellate brief (written arguments on the issues of law) submitted by the opposing
Appellate Court Cont’d.
• Judges listen to attorney’s arguments and ask questions.
• Decide if lower court decision should be affirmed (kept), reversed,
amended (changed) or remanded (sent back to trial court for new trial).
• Decision sets a precedent for future. All lower courts where the decision was made must follow the precedent.
Appellate Courts Cont’d.
• Three kinds of opinions
• Majority opinion - states the decision of the court and its rationale.
• Dissenting opinion- states why justices are in disagreement with the majority.
• Concurring opinion – Written if any justices agree with the decision but for reasons different from those used to support the majority opinion. These are important because they may serve as basis for future interpretations of the law.
Federal Courts
• Hears cases regarding:
• U.S. Constitution
• Criminal and civil cases involving federal laws (ex: copyright law)
• Cases involving parties from different states when the amount involved is more than $75,000.
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Federal Courts Cont’d.
• U.S. District Courts
• Federal trial court
• 94 of these, with one in every state.
• U.S. Circuit Court of Appeals
• 13 of these in the U.S. for federal
appeals.
• Oregon is in the 9th Circuit, with
most Western states.
• Opinions of these courts are
binding on federal courts in that jurisdiction.
• Example case - Batmobile 14
9th Circuit Court of Appeals
Federal Courts Cont’d.
• U.S. Supreme Court
•
Highest court in the U.S.
•
Hears cases appealed from lower
federal courts and from state
supreme courts.
•
~8000 cases are appealed each
year, but only ~80 are taken and
ruled on.
•
Writ of certiorari – order from
the Supreme Court to a lower
court to send its records on a
certain case/issue for review.
Supreme Court Justices
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Supreme Court Cont’d.
•Can choose:
•cases it sees as critical national policy issues
•issues that have been dealt with in lower courts, but agreement cannot be made.
•Petition for certiorari: request made to have
Supreme Court hear a case.
•Petition granted if four of nine justices agree to hear
the case.
•9 judges who hear cases and the majority rules.
John Roberts is Chief Justice.
•Justices are selected by the president and confirmed
by the senate.
•Each justice is appointed for life.
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Oregon Courts
• Hears cases involving state, county and municipal law. • Municipal Courts
• Created by the city it is in and hears and determines
violations of ordinances in the city.
• Most cases involve criminal misdemeanors, minor drug
and alcohol violations, parking violations, and crimes on city owned property.
• OC Municipal Court (right)--jurisdiction over most city and
state traffic offenses committed within city limits and most misdemeanor crimes. Attendance court is held here.
• Justice Courts (county) – hears misdemeanors and
Oregon Courts Cont’d.
• Circuit Courts
• For local trials and have original jurisdiction over lots of different matters.
• All criminal felony cases are heard by Circuit Courts.
• Regarding civil matters, the court hears cases involving restraining
orders, juveniles, probate (wills and estates), domestic relations and money claims.
• This court also has jurisdiction over appeals from the municipal courts.
• There are 36 Circuit Courts, one in each county.
Oregon Courts Cont’d.
• Oregon Court of Appeals
• created in 1969 to help take the burden off of the Supreme Court.
• 10 judges who are elected to terms of 6 years.
• Takes appeals cases from the Circuit Court.
Oregon Courts Cont’d.
• State Supreme Court:
• Highest state court. Final say on state
constitution and laws.
• Case may be appealed to USSC if a federal statute or constitutional issues is involved.
• There are 7 justices.
• Like the US Supreme Court, the Oregon SC chooses which cases it will hear.
• Generally chooses cases with issues that require significant interpretation of the law and cases affecting lots of people.
Who has jurisdiction?
1. Martha shoots and kills her husband in Oregon. The state prosecutor bring charges in which court?
2. Larry's landlord refuses to return his damage deposit of $450 when Larry moves out of his apartment, even though the
apartment is in excellent condition. Larry wants to sue his
landlord, but doesn't want to hire a lawyer. In which court can Larry file suit?
3. Frank has been convicted of murder in Circuit Court and his sentence is the death penalty. He appeals his case to which court?
4. Charlene is being tried for burning the American flag in front of the Post Office. The U.S. Attorney files charges against her.
5. Charlene appeals her conviction of defacing an American flag to which court?
6. Martha appeals her conviction in Circuit Court for murder in the second degree to which court?
7. Alice Singer sues a famous band for stealing her song and violating her copyright in which court?
8. Kelly is cited for her disruptive behavior on a city bus. Which court will hear her case?
9. Yolanda was in a car accident in which she injured her neck. She sues the driver of the other car for $60,000 in which court?
10. Regina is charged with a misdemeanor of fourth degree assault in which court?
11. Arnold was convicted of burglary in the first degree by a jury in Circuit Court. He appeals his conviction to which court?
12. The U.S. District Court for Oregon rules that the state
initiative to terminate mandatory busing violates the equal protection clause of the U.S. Constitution. The state of Oregon appeals to which court?
13. The U.S. Court of Appeals for the Ninth Circuit upholds the U.S. District Court's ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?
14. A Circuit Court judge rules that the state law against cross burning is unconstitutional. The prosecutor appeals this decision to which court?
15. Jesse is arrested for driving under the influence within the city limits of a large city. In which court is he charged?
16. Elizabeth, who lives in Seattle, crashes her car into Juan's sports utility vehicle, causing injuries and damages of
$120,000. Juan, who is from Oregon, files a lawsuit in which court?
17. Disabled individuals appeal a jury verdict that a movie theater had not violated their rights under the federal
Americans with Disabilities Act. In which court is the appeal filed?
18. Inmates asks this court to review their case from the state's supreme court, claiming that the jail failed to provide them with basic human needs.
19. The State Court of Appeals overturns Austin's conviction for selling drugs, based on an illegal search and seizure. The state asks which court to review the decision?
20. Manya is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?
