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The Courts and What They Do
Structure of U.S. Court System
State Trial Cts
State Cts of Appeals
State Supreme Courts
Federal Trial Cts
U.S. Circuit Cts
U.S. Supreme Court Original jurisdiction
What Courts Do
Resolve Disputes– Civil Cases– Criminal Cases
Interpret Law– Regulations (from bureaucracy)– Statutes– Constitution– Judicial Review
Civil Law
Plaintiff v. Defendant Types of Civil Law
– Contracts– Torts
Sources of Civil Law– Statutes– Common Law
Criminal Law
State v. Individual (or Corporation) Statutory
Interpreting Law and Judicial Review
Do bureaucratic regulations square with legislation?
Does legislation square with the constitution?
Trial Courts
Find facts Apply law to facts May use juries
Appellate Courts
Was the law correctly interpreted and applied? Don’t mess with facts! No juries, no witnesses
– Briefs– Oral argument– “the record”
State Courts
97% of cases filed in state court Most states elect judges
Federal Courts
Judges appointed– Senatorial courtesy
Life tenure Salary secure