Dual Court System Dual means two There are

Dual Court System “Dual” means “two” There are two court systems in America 1

There are two court systems in America State courts and Federal courts 2

State Court System Review 64

Here is California’s “ladder” of courts California Supreme Court California Courts of Appeal California Superior Courts t r u o C l a i Tr 65

What if two people from different states sue each other? Which state court would you go to if you sued someone from another state? 66

Neither one. 67

This case would go to Federal Court 68

Federal Courts 69

The Federal court system has a “ladder” of courts Court 3 Court 2 Court 1 70

U. S. Supreme Court U. S. Courts of Appeal U. S. District Courts 71

U. S. Supreme Court U. S. Courts of Appeal U. S. District Courts t r u o C l a i Tr 72

2 levels of Federal Courts? ! • U. S. Supreme Court • U. S. Courts of Appeal • U. S. District Courts = “Trial Courts” 73

2 levels of Federal Courts? ! } • U. S. Supreme Court = Appellate Courts • U. S. Courts of Appeal • U. S. District Courts = “Trial Courts” 74

Jurisdiction Should a case go to the State court or the Federal court? 75

Jurisdiction Who has the right to hear the case? 76

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 77

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 78

Federal courts have jurisdiction: 1. Cases in which the United States is a party KOREMATSU vs. UNITED STATES 79

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 80

Federal courts have jurisdiction: 2. Crimes on federal property Chandra Levy case 81

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 82

Federal courts have jurisdiction: 3. Violations of federal law such as – Counterfeiting US money – Bank robbery – Terrorism – Election Fraud – The Fair Housing Act – The Civil Rights Act – The National Labor Relations Act 83

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 84

Federal courts have jurisdiction: 4. Military lawsuits 85

Federal courts have jurisdiction: 4. Military lawsuits 86

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 87

Federal courts have jurisdiction: 5. Immigration cases 88

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 89

Federal courts have jurisdiction: 6. Torts between citizens of different states “Diversity Jurisdiction” 90

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 91

Federal courts have jurisdiction: 7. Cases that raise a Constitutional question Morse v. Frederick 92

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 93

Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents 94

Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights vs. 95

Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy 96

Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy – Admiralty cases 97

Federal courts have jurisdiction: 1. 2. 3. 4. 5. 6. 7. 8. Cases in which the United States is a party Crimes on federal property Violations of federal law Military lawsuits Immigration cases Torts between citizens of different states Cases that raise a Constitutional question “Subject matter jurisdiction” cases 98

U. S. Federal Court System U. S. Supreme Court U. S. Courts of Appeal U. S. District Courts t r u o C l a i Tr 99

U. S. District Courts 100

U. S. District Courts = “Trial Courts” 101

U. S. District Courts = “Trial Courts” Judge, prosecutor, defendant, witnesses, evidence, jury, verdict, sentencing 102

The United States has 94 Federal district courts. 103

Each state has at least one Federal District court. 104

U. S. District Courts Oregon, a state with few people, has only 1 Federal District Court. California, a populous state, has 4 Federal District Courts. 105

4 Federal District courts in California. 106

Sacramento is in the Eastern District

A US District courthouse is located in Sacramento

www. caed. uscourts. gov US district courthouse in Sacramento 501 I Street

U. S. Federal Court System U. S. Supreme Court U. S. Courts of Appeal U. S. District Courts t r u o C l a i Tr 111

U. S. Courts of Appeal 112

U. S. Courts of Appeal • • Do not decide “guilt” or “fault” Do not listen to witnesses Do not have a jury Do not attempt to “find out the facts” 113

U. S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? 114

U. S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? • Review the court files and transcripts of the District court 115

U. S. Courts of Appeal • Decide if legal errors were made in the District court – Was the law applied fairly? – Is the law just? • Review the court files and transcripts of the District court • Listen to oral arguments from the lawyers and ask the lawyers questions 116

U. S. Courts of Appeal 12 regional Courts of Appeal (including the “Federal Circuit”) 117

U. S. Courts of Appeal = “Circuit Courts” 118

California is in the 9 th Circuit Court 119

California is in the 9 th Circuit Court 120

The 9 th Circuit Court has 29 judges 121

The th 9 Circuit Court of Appeals Usually three judges work together on a case as a “panel”. 122

The th 9 Circuit Court of Appeals Log Cabin Republicans v. United States Let’s watch about 3 minutes of a 3 -member panel of the 9 th Circuit Court of Appeals… 123

The 9 th Circuit Court of Appeals http: //www. youtube. com/watch? v=Bepbh 4 o 1 IBU&feature=relmfu 124

The th 9 Circuit Court of Appeals Sometimes 11 judges make up a “panel”. 125

The th 9 Circuit Court of Appeals United States v. Ressam Let’s watch about 4 minutes… 126

The 9 th Circuit Court of Appeals http: //www. youtube. com/watch? feature=player_embedded&v=i. Whvcuas. VZY#! 127

U. S. Supreme Court 128

U. S. Supreme Court = 9 “Justices” 129

1 is the “Chief Justice”; the others are “Associate Justices” 130

Chief Justice John Roberts 131

Chief Justice John Roberts

Justice Anthony Scalia

Justice Anthony Kennedy

Justice Clarence Thomas

Justice Ruth Bader Ginsburg

Justice Steven Breyer

Justice Samuel Alito

Justice Sonia Sotomayor

Justice Elena Kagan

141

Federal Court System 1 Supreme Court 12 Courts of Appeals 94 District Courts

Dual Court System (State courts and Federal courts) 146

Dual Court System State Courts Federal Courts 147

Dual Court System State Courts Federal Courts CA Supreme Court US Supreme Court CA Courts of Appeal US Courts of Appeal 58 CA Superior Courts t r u o C l a i Tr US District Courts t r u o C l a i Tr 148

Dual Court System State Courts Federal Courts CA Supreme Court US Supreme Court 6 CA Courts of Appeal US Courts of Appeal 58 CA Superior Courts US District Courts t r u o C l a i Tr 149

Dual Court System 1 State Courts Federal Courts CA Supreme Court US Supreme Court 6 CA Courts of Appeal US Courts of Appeal 58 CA Superior Courts US District Courts t r u o C l a i Tr 150

Dual Court System 1 State Courts Federal Courts CA Supreme Court US Supreme Court 6 CA Courts of Appeal US Courts of Appeal 58 CA Superior Courts US District Courts t r u o C l a i Tr 94 t r u o C l a i Tr 151

Dual Court System 1 State Courts Federal Courts CA Supreme Court US Supreme Court 6 CA Courts of Appeal 58 CA Superior Courts t r u o C l a i Tr US Courts of Appeal 12 US District Courts 94 t r u o C l a i Tr 152

Dual Court System 1 State Courts Federal Courts CA Supreme Court US Supreme Court 6 CA Courts of Appeal 58 CA Superior Courts t r u o C l a i Tr 1 US Courts of Appeal 12 US District Courts 94 t r u o C l a i Tr 153

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