State Judicial Branch

State Judicial Branch

By Cedric Gillette

​The Structure of State Courts

​The lower courts are trial courts. In a trial court, a judge or a jury listens to the evidence that is presented and reaches a verdict, or decision, in favor of one party in the case or the other. Lower trial courts go by different names depending on their location. In rural areas, for example, they may be called justice courts. When they cover an entire county, they are often referred to as district courts. In cities, lower-level trial courts are often called municipal courts.

Lower-level courts may handle criminal cases and civil cases. In a criminal case, a person is accused of committing a crime. A trial is held to determine whether the person is guilty or innocent. If the accused person is found guilty, he or she is punished.

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Crimes handled in the lowest level of courts are simple ones. For example, they may be traffic violations or misdemeanors. Misdemeanors (mihs•dih•MEE•nuhrz) are the least serious crimes, such as theft of a small sum of money or trespassing. Usually, misdemeanors are punished by a fine or a short stay in a local jail rather than in a prison. These cases are often decided by a judge instead of a jury.

misdemeanors -the least serious type of crime; minor crime for which a person can be fined a small sum of money or jailed for up to a year

Multiple Choice

Civil trials are heard in ___________________.

• lower and higher courts

• only the lower courts

• only the court of appeals

• only the state supreme court

​Lower-level courts also hear civil cases. In civil cases, two parties are involved in a dispute in which one claims to have been harmed in some way by the other. The person who claims to have been harmed is the plaintiff. The person said to have caused the harm is the defendant.

An example of a civil suit is an argument between two neighbors over the line that divides their property

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​The first line of appeal is in an intermediate appellate court. This court is often called the court of appeals. Usually a group of judges hears a case. They study the information given by both sides and compare the case to past cases that were similar. Then they agree on a decision. They may decide to let the earlier court ruling stand, or they may choose to overturn it.

Subject | Subject

plaintiff - the person in a civil case who claims to have been harmed; person who files a lawsuit​

Multiple Choice

The parties in a criminal case are called the plaintiff and the defendant.

• TRUE

• FALSE

Multiple Choice

The state supreme court hears appeals from _________________________.

• the lower court

• the higher court

• the intermediate appellate court

• the lower appellate court

​Higher Courts

​The higher courts are the second level of state courts. They can be either trial courts or appellate courts. In an appellate (uh•PEH•luht) court, the party who has lost the case in a lower court appeals the decision. To appeal means to ask a judge to review and reverse the earlier case. The party who appeals might think that legal errors were made during the trial and that these errors had an effect on the outcome of the court’s decision. The appellate court decides whether errors in applying the law were made.

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Higher-level trial courts handle more serious crimes called a felony (FEH•luh•nee). Some examples of felonies include assault, robbery, kidnapping, and murder. Trials in these courts do not always involve juries. The accused person can choose to have the judge, and not a jury, determine guilt or innocence.

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Higher trial courts also handle civil cases that are more serious than the civil cases handled in lower courts. They may involve huge sums of money. Civil cases may also be decided either by a jury or by a judge.

Subject | Subject

Some text here about the topic of discussion

Multiple Choice

Stealing a loaf of bread from a grocery store is an example of a _______________.

• felony

• civil case

• misdemeanor

• criminal appeal

Multiple Choice

A trial for murder is held in _______________.

• a lower court

• an appeals court

• a state supreme court

• a higher court

State Supreme Court

​Each state also has a supreme court at the top level of its court system. The state supreme court hears appeals from the intermediate appellate courts. State supreme courts generally issue, or give out, written explanations of their rulings. These decisions guide judges as they try cases in the future. In most states, these courts take both civil and criminal cases. Oklahoma and Texas, however, have separate courts for civil appeals and criminal appeals.

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State supreme courts are called “courts of last resort,” but that is not entirely true. In state law, they are the final word. However, someone who loses an appeal in the state supreme court may believe that the ruling violated his or her rights under the U.S. Constitution. If so, that person can appeal the case to the U.S. Supreme Court. The Court may or may not choose to hear the case.

Subject | Subject

Multiple Choice

Appeals from a state supreme court to the United States Supreme Court _______________.

• are never permitted

• are always permitted

• are permitted only if there is a constitutional issue

• are permitted only if the defendant is convicted of a felony

Multiple Choice

State supreme courts generally issue written explanations of their rulings.

• TRUE

• FALSE

​Choosing Judges for Trial Courts

​With the various levels of trial courts, it is not surprising that judges for these courts are chosen in many different ways. Some judges are selected by governors, state legislators, the state supreme court, or city officials. Other judges are elected by voters. Some states use a combination of processes depending on whether it is a judge’s first term or a later term. In this mixed approach, an elected official chooses a judge for his or her first term on the bench. When that term ends, if the judge seeks a new term, he or she has to stand for election by the people.

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Even election systems differ. Some elections are nonpartisan, which means that candidates are not linked to any political party. Other election systems allow judges to have a party identity.

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​If you were to appear in a court, what qualities would you want the judge to have? To be effective, judges must know the law. They should be free of bias so they can judge fairly. They are also expected to be independent—to avoid being swayed by political pressure.

Subject | Subject

bias - good or bad feeling about ​a person or group that affect judgment

Multiple Choice

Judges should be __________ so they can judge fairly.

• popular

• suspended

• politically connected

• unbiased

Multiple Choice

Some judges are appointed by an elected official for their first term and are then elected by citizens for a second term.

• TRUE

• FALSE

Multiple Choice

Judges must always be affiliated with a political party.

• FALSE

• TRUE