The Dual Court System State and Federal Courts

The Dual Court System State and Federal Courts

The Constitution • Art III, Sec. 2: Federal Judiciary • “Trial of all crimes… shall be by jury…defendant has the right to confront opposing witnesses… Supreme court will settle disputes between the states… Congress establishes all other courts as necessary”

Bill of Rights: Guarantees • 6 th Amendment: the right to a speedy and public trial, an impartial jury, to confront witnesses, and to have consul for defense • 7 th Amendment: the right to a trial by jury in civil cases at the federal level

The Dual Court System • State/ Local • Federal • Trial • Appellate

The Dual Court System • Federal – Break a federal law • Drugs- 29% of all federal cases – Constitutional issues • Politics, rights (ex: desegregation), etc. – People of/ Between two states (or countries) – Greater than $75, 000 • Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc. – Small part of American judicial system • Plays a limited role in justice

Dual Court System • State – Break a state/ local law • Most crimes are a violation of state law • Most cases are routine with little dispute of fact or law • Most end in a guilty plea before trial – Pleas are 90% of all criminal convictions – Less than $75, 000 • Most court cases are civil

Dual Court System • Courts of limited jurisdiction – Inferior courts • traffic (majority), small claims, misdemeanor… • Courts of general jurisdiction – Superior courts- major trial courts – Civil cases dominate court dockets • Personal injury, probate/ estate, domestic (largest)