United States Court System

How do cases reach the Supreme Court?

Dual Court System…Federal System

State System

SCOTUS: Who are they?

• Highest court of the land (both federal and state)• Article 3• Nine justices, meet in Washington, D.C. – serve for LIFE• Term starts the FIRST MONDAY in October• Mostly appellate JURISDICTION through certiorari process• Limited original JURISDITION (Article 3)• 5000-7000 cases come to court per year – Decide 150

Work of SCOTUS…•Briefs are written and filed with the court•Amicus curiae briefs are submitted•Briefs reviewed by court and RULE OF FOUR applied• Some cases decided- some cases

have oral arguments• Justices conference about cases•Decision made and opinion(s)

written

Types of OPINIONS are…

• Majority – 51% or more agree

• Dissenting – justices who DON’T agree

• Concurring – agree but for different reasons

• Unanimous – all agree

Differences in types of courts…

FederalFederal crimes/treatiesCivil suites between citizens of

different states BankruptcyReview actions of federal

agenciesAll federal judges nominated by

president-approved by Senate

StateState statues/lawsCivil and family issuesJudges may be elected or

appointed by government officials

JURISDICTION is…

1. Original – first court to hear case

2. Appellate – case heard to determine constitutional question

3. Exclusive – can only be heard by one court

4. Concurrent – can be heard by more than one court at a time.

The right of the court to hear the case

Criminal cases…• Case brought by state/District Attorney when crime is committed • Action threatens public safety (indictment v grand jury) – penalty

determines whether it is felony or misdemeanor• Legal standard is reasonable doubt• Verdict is GUILTY or NOT GUILTY• Determined by statute (felony v misdemeanor)

Civil cases…• PLAINTIFF brings suit for damages• Non-criminal, based on code of behavior (Justinian’s),

jurisprudence• Legal standard is PREPONDERANCE of EVIDENCE by plaintiff• Verdict based on who provided

the legal standard• Punishment is damages NOT prison