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					11/17/09
BR- Fill in the blanks..
“Trial courts are concerned with
issues of ____.”
“Appellate courts are concerned
with ____.”

  Today: Understanding Types of Courts,
           and Their Functions

Letters, Logical Fallacies, NU, MIKVA
           To Begin..
Get a blue law book. Go to Chapter 5
This Section deals with:
- Trial Courts
- Appeals Courts
- Federal and State Court systems

Take notes on the following pages.
 KEEP THESE NOTES!
    State and Federal
         Courts
There is a completely separate court
 system in the U.S. that handles
 different types of cases.
The State and Federal courts

Both systems can end at the U.S.
 Supreme court
State/Local           vs.       Federal
 1. Hears cases       1. Hears cases that
   concerning state     involve federal
   laws and local       law, affect the
   issues               nation, or
                        incidents between
                        states


 Do you know the difference between
 a state and federal law?
1. There are lots of state,municipal, and
   local courts (Cook County, etc.)
2. There are not as many Federal
   Courts. The country is divided up into
   districts (94) these are in major
   population centers.
3. These 94 District Courts are Federal
   Trial Courts. (page 53. In the red
   book)
4. There are 13 Circuits. These are
   Federal Courts of Appeals.
In both State and Federal
systems..
There are trial courts and courts of appeals
  or “appellate courts.”
These courts serve two very different
  functions and are very different in how they
  operate.
You only go to the appellate level if there is an
  appealable issue such as: bad evidence, bad
  trial procedure, bad law, or constitutional
  issue.
You CAN NOT appeal your case just because
  you lost.
Trial Court            vs.     Appeals
 1. Trial Courts are   1. Appellatte courts
   “cases of fact.”      are “courts of
   They try to           procedure.” These
   determine what        courts try to
   happened              determine if the
   through the trial     trial court did
   process of            anything wrong
   argument and
   presentation of
   evidence
Trial Court              vs.      Appeals
2. Trial courts are      2. All courts after the
  called the “court of     trial court are
  original                 appellate courts
  jurisdiction.” It      3. There are NO
  means the place          WITNESSES or
  where the case was       EVIDENCE at the
  first heard              appellate level. The
3. Lawyers use             lawyer presents their
  evidence and             argument as to what
  witnesses to prove       was wrong at the trial
  their case               level. That’s It!
Trial Court               vs.      Appeals
4. Trial courts result    4. Appellate courts
  in the person going       can affirm the
  free or going to jail     lower court’s
  (or appealing!)           decision (they got it
5. Both sides can           right.) or it can
  appeal                    remand the case to
                            the trial court with
                            instructions -
                            Basically saying that
                            you need to do the
                            trial over and fix the
                            problems.
Trial Court            vs.    Appeals
Case is decided by a   Case is decided by
 judge or jury          a panel (3-9) of
                        judges who listen
                        to the lawyer and
                        ask questions.
      U.S. Supreme Court
This is the highest appellate court in the land.
Each side speaks for approximately 1 hour.
  During this time the 9 Supreme Court
  justices fire questions at the lawyer while
  they try to give their speech.
Cases that start in state or federal court can
  end up here.
State Supreme courts can send cases to the
  U.S. Supreme court.
The Supreme court is concerned ONLY with
  cases that have Constitutional
  Significance
  What Is: “Constitutional
      Significance”
- An issue that can be answered by
  interpreting the constitution.
- Examples: Right to privacy, rights
  of the accused, laws that violate
  protected rights..
           Talking Courts..
-   “It was reversed on appeal.”
-   “It will be heard at the appellate level.”
-   “It was an appellate court.”
-   “We will appeal the decision.”
-   “I wish to appeal the decision.”
-   “The case was remanded on appeal.”
-   “The case was appealed to the U.S.
    Supreme court.”
For Wednesday(20 Points)

Describe the path a case can take from
   its beginning to its end.
1. The situation
2. Court of original jurisdiction, Where
   and what the purpose or outcome is
3. Court of appeals
4. Supreme court

				
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