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Session 4 THE COURT SYSTEMS

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Session 4 THE COURT SYSTEMS Powered By Docstoc
					THE COURT SYSTEMS
        Chapter Issues

• Overview of the American court
  system
• How an injured party can seek
  relief in the courts
• Jurisdiction: Which court has the
  power and the authority to
  decide the case?
       Organization of the Court
              Systems
• Both state and federal court systems have
  – Lower courts: Courts of Original Jurisdiction
     • Where disputes are initially brought and tried
     • Generally known as trial courts
     • Look at issues of fact
  – Appellate Courts: Courts of Appellate
    Jurisdiction
     • Where lower court decisions are reviewed
     • Look at issues of law
                        The Federal Court
                            System
• Federal District Court        • Specialized Federal Courts
   – Courts of original            – Limited jurisdiction
     jurisdiction                  – I.e., Court of Appeals for
   – Use juries or judge as          the Federal Circuit--takes
     “trier of fact”                 appeals from
   – Trial courts deal in              • US District Court in
     issues of fact                       patent, trademark and
• US Court of Appeals                     copyright cases
   – 12 courts                         • US Claims Court
   – Usual rule: There is the          • US Court of
     right to appeal to this              International Trade
     court                             • Administrative rules
   – 3 judge panels deal in               of US Patent &
     issues of law                        Trademark Office
          The Federal Court System
          The US Supreme Court
• Highest court in the country
• Appellate review court
• Cases usually heard by 9 justices
• Term begins First Monday in October in Washington,
  D.C.
• Reviews cases from
   – US District Courts
   – US Courts of Appeals
   – Highest Courts of the States
• Review is through Writ of Certiorari
   – If writ not granted, lower court decision is final
            Jurisdiction

• Jurisdiction: Right of a court to hear &
  decide the case
• A number of courts may have jurisdiction
  over a given case
• Need jurisdiction over the subject matter
• Need jurisdiction over either persons or
  property
• If jurisdiction is lacking, judgment is null
  & void

				
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posted:10/16/2011
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