BusLaw 1/12 S2U1 Lesson 3 Federal and State Courts

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​Monday, January 12th

Learning Target: Compare and contrast the federal and state court systems.

IMPORTANT:

At noon on Wednesday, Semester 2 course cards will be published. You may not see them until the following day. I will copy any grades over to the Semester 2 course card as needed. However, I will need you to SUBMIT the assignment again in Semester 2 so you don't end up on the "Not Turned In" list.

DON'T FORGET!!
MANDATORY Mid-Year Diagnostic

• Wednesday

• Advisory Course

• 8:00-9:30 ELA

• 10:00-11:30 Math

• ALL STUDENTS MUST ATTEND!

Semester 2 Unit 1 Lesson 3 (S2U1L3)

Open Ended

What do you already know about the federal and/or state courts?

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Who Decides? How are the court systems structured?

The United States has two distinct court structures: a federal court system and 50 state court systems. A person who wants to file a lawsuit must file their case in a court that has the authority to hear the case. This is referred to as jurisdiction. After we take a closer look at the structure of the court system, we will follow a typical civil case from start to finish.

​Jurisdiction:

The legal term for the legal authority held by a legal entity to enact justice. Jurisdiction is rarely claimed to be complete: rather it is limited for example by geography, subject matter, or other factor.

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Federal Courts

Federal courts are authorized by Article III of the Constitution. Federal judges are nominated by the president and confirmed by the Senate. They serve for life, which is an attempt to ensure their decisions are not based on loyalty to politicians or society’s mood at any given time.

​US District Courts	​Circuit Court of Appeals	​US Supreme Court
​Also called TRIAL COURTS.	​Also called APPELLATE COURTS.	​HIGHEST COURT IN THE LAND.

The judges hear evidence and make decisions based on law and fact. There are 94 US District Courts.

The judges hear appeals from district courts. In other words, a party can challenge the legal finding of the district court. Appellate judges do not rule on the evidence of the case but on whether the correct law was applied. There are 13 federal circuit courts.

Its nine members are referred to as justices, not judges. The Supreme Court hears appeals from the Circuit Courts of Appeal, but it is not required to hear every appeal. Typically, its focus is on constitutional challenges that have a significant impact on the entire country.

Federal Court Jurisdiction

• Constitutional Violations

• Violations of federal criminal and civil law

• Disputes between states

• Bankruptcy cases

• Issues related to admiralty and international law.

Marbury v. Madison (1803)

• Chief Justice John Marshall - Supreme Court

• HELD Federal courts can determine whether a law violates the Constitution.

But wait......the Supreme Court already existed.

• U.S. Constitution created the Supreme Court (1787)

• Article III, Section 1, "The judicial power of the United States, shall be vested in one Supreme court......"

• Supreme Court first met in 1790 (13 years before Marbury v. Madison)

Marbury v. Madison (1803)

So, what was different?

• Established judicial review: the power of the Supreme Court to declare acts of Congress unconstitutional.

• Ruled that part of the Judiciary Act of 1789 conflicted with the Constitution and was therefore invalid.

Importance of Marbury v. Madison

• Made the Supreme Court the FINAL INTERPRETER of the Constitution.

• Strengthen the judiciary as an EQUAL BRANCH of government.

• Set a lasting precedent still used today.

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Noteable Cases

Gibbons v. Ogden (1824)

Congress can regulate interstate business by invoking the commerce clause.

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Noteable Cases

Munn v. Illinois (1877)

States can regulate private businesses if they affect the public.

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Noteable Cases

Wickard v. Filburn (1942)

Congress has expanded powers to regulate agricultural production, as well as regulate workplace safety.

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Noteable Cases

Heart of Atlanta Motel v. US (1964)

Congress has the power to prohibit racial discrimination by businesses.

Multiple Choice

According to the passage, why do federal judges serve for life?

• To make sure they always agree with the president

• To ensure their decisions are not based on loyalty to politicians or public opinion

• Because the Constitution requires all officials to have lifetime terms

• So they can hear appeals at all three levels of federal courts

Multiple Choice

Which statement best explains the difference between US District Courts and Circuit Courts of Appeal as described in the text?

• District courts decide constitutional questions; circuit courts handle only criminal cases.

• District courts are trial courts that evaluate evidence; circuit courts are appellate and review whether the correct law was applied.

• District courts hear appeals from the Supreme Court; circuit courts conduct trials for disputes between states.

• District courts are limited to bankruptcy cases; circuit courts deal with international law.

Multiple Choice

What is the primary reason the Supreme Court typically accepts cases, based on the passage?

• To hear every appeal that comes from the Circuit Courts of Appeal

• To resolve disputes about admiralty and international law only

• To address constitutional challenges that have a significant impact on the whole country

• To expand Congress’s regulatory powers in agriculture and workplace safety

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State Courts

Not surprisingly, state courts are structured very much like federal courts. While they may go by different names, most states have trial courts, intermediate courts of appeal, and a court of last resort. The court of last resort is often, but not always, referred to as a supreme court. Most cities have municipal courts as well, which typically hear cases that involve lesser laws, like traffic violations.

State and municipal court judges may be appointed, but it is more likely that they are elected by residents of their state. Therefore, state judges serve for limited terms depending on their state constitution.

State courts hear the widest range of cases, like violations of state criminal laws, contract disputes, family law cases, personal injury cases, and probate cases (settling the validity of a will). Although there may be divisions within the state court system to deal with divorces or probate, most civil contract cases are heard in the same state court as white-collar crime cases. There is not a separate court for civil and criminal cases.

It is important to note that a party who wants to file a lawsuit doesn’t simply choose federal or state court. The law that governs the dispute they have with a business or individual will either be a state or federal law. One possible exception is when the parties live or do business in different states—then the case can be brought in federal court, even if the applicable law is a state law. This is called diversity jurisdiction.

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Stare Decisis

Making Subsequent Decisions Easier

Commands lower courts to follow the decisions of appellate courts in their own system when the legal issue is the same.

EXAMPLE:
A federal district court must follow the law of the Supreme Courtf.
A trial court in Richmond, Virginia must follow the law of the Supreme Court of Virginia.
A trial court in New Jersey is not bound to follow the decisions of the supreme court of another state.

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JURISDICTION

Which court decides?

Most civil laws governing contracts and sales of goods and services are state laws.

HOWEVER, in our global economy, business is rarely conducted in one state, which means a lawsuit could come forth in federal court.

Civil Law Jurisdiction

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JURISDICTION

Which court decides?

Federal crimes are held in federal courts.
State crimes are held in state courts.

Charged with both a federal and state crime? Most often, federal court takes precedence but can only have jurisdiction with the federal crime. The state can also bring charges within the state. So, it is possible for a suspect to be in two different courts for the same crime.

Criminal Law Jurisdiction

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Dual Sovereignty Doctrine

• State and Federal governments are considered separate sovereigns.

• Each has its own laws and authority to enforce them.

• Because they are separate sovereigns, prosecuting the same act does NOT violate the DOUBLE JEOPARDY CLAUSE of the Fifth Amendment

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Dual Sovereignty Doctrine

• Supreme Court reaffirmed this rule in Gamble v. United States (2019).

  • Held that successive state and federal prosecutions for the same conduct are constitutional.

• Examples:

  • Drug trafficking

  • Firearm offenses

  • Civil rights violations

  • Bank robbery or large-scale fraud

Multiple Choice

True or False: A person can be tried for the same crime in a state court and a federal court.

• True

• False

Multiple Choice

This declares that successive state and federal prosecutions for the same conduct are constitutional.

• dual sovereignty doctrine

• double jeopardy

• dual jeopardy doctrine

​So...who does what?

Public Safety Officers

Those who make up law enforcement at the federal, state, and local levels. They follow leads to detect criminal conduct, and they investigate allegations of wrongdoing.

Trial Attorneys

Best trained to represent private individuals and companies who find themselves involved in litigation.

A plaintiff or defendant is allowed to represent themselves but it is not recommended as trial attorneys know their way around the justice system by preparing for a case, conducting discovery, examining witnesses, introducing evidence, and advising the law.

Prosecutors

Employed by and represent the government in criminal matters.

Work with law enforcement to collect evidence that helps determine whether or not to charge someone with a crime.

Judges

Often former trial attorneys who know the workings of a courtroom inside and out.

They have the final say on what witnesses can testify about, as well as what evidence is permitted. They also have the final say on the outcome, both in criminal and civil cases.

Litigants

The parties in a lawsuit.

The plaintiff and the defendant.

Multiple Choice

Which statement best describes the primary role of public safety officers?

• They represent private individuals and companies in court.

• They decide what evidence is permitted during a trial.

• They investigate leads and allegations to detect criminal conduct.

• They collect evidence exclusively for prosecutors.

Multiple Choice

What distinguishes trial attorneys from someone representing themselves (pro se)?

• They represent private individuals and companies in court.

• They decide what evidence is permitted during a trial.

• Trial attorneys are specially trained to prepare cases, conduct discovery, examine witnesses, and advise clients.

• Trial attorneys only handle civil cases and never criminal matters.

Multiple Choice

Which statement best explains the relationship between prosecutors and law enforcement?

• Prosecutors are often former trial attorneys who oversee courtroom procedures.

• Prosecutors represent private parties in litigation and conduct discovery.

• Prosecutors work with law enforcement to collect evidence that helps determine whether to charge someone with a crime.

• Prosecutors determine which witnesses are allowed to testify at trial.

Following a Civil Case from Start to Finish

1. Consult an attorney

2. Starts with a complaint (plaintiff's way of giving notice to defendant that a lawsuit has been filed against them and exactly what issues they intend to prove).

3. Defendant has an opportunity to respond and deny they have done anything wrong.

4. Discovery Begins: Fact-Finding Mission
a. Documents
b. Depositions: recorded interviews with witnesses about information they may have about the case.
(If the plaintiff learns that there is not enough evidence to win the case, they may choose to drop the lawsuit; or the court may decide to dismiss it).

5. Consider settlements (outside of court).

6. No settlement agreement - to court we go which is incredibly time-consuming and expensive.

Following a Civil Case from Start to Finish

7. Court hearings.

8. Judgement - in most civil cases, the plaintiff is seeking monetary damages for wrongdoing by the defendant. The court may determine that one party owes the other. The judge will determine how much. HOWEVER, the court's job at this point is complete. It is now up to the winning party to collect damages.
a. ask for the money
b. hire a collection agency
c. wait it out

9. Possible appeals if either party believes the law was incorrectly applied - usually must be done within 30 days.

American Legal System

Is often used as a model for other nations seeking to establish an impartial judiciary and provide litigants with the sense that they have been treated fairly by the system.

But justice does not come cheap and it often takes a long time for courts to reach a decision.

Multiple Choice

Which step best describes the purpose of the complaint filed by the plaintiff?

• To begin discovery and collect witness statements.

• To notify the defendant that a lawsuit has been filed and state the issues the plaintiff intends to prove.

• To allow the defendant to collect damages from the plaintiff.

• To set the date for appeal if either party disagrees with the judge.

Multiple Choice

During discovery, which activity is specifically described as a recorded interview with witnesses about information they may have about the case?

• Document production

• Settlement negotiations

• Deposition

• Judgment collection

Multiple Choice

After a judgment awards monetary damages to the plaintiff, which statement accurately describes the court's role and the winning party's options?

• The court enforces collection directly by seizing the defendant’s assets; the plaintiff has no further action to take.

• The court’s job is complete once it determines how much is owed; the winning party must then ask for the money, hire a collection agency, or wait for payment.

• The defendant automatically pays immediately; appeals are not allowed after payment.

• The court converts the monetary award into criminal penalties to ensure payment.

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​Monday, January 12th

ASK YOURSELF!
With some studying, can you successfully meet today's learning target? Compare and contrast the federal and state court systems.

REMEMBER:

The next time we meet will be in the Semester 2 Course Card!!

DON'T FORGET!!
MANDATORY Mid-Year Diagnostic

• Wednesday

• Advisory Course

• 8:00-9:30 ELA

• 10:00-11:30 Math

• ALL STUDENTS MUST ATTEND!

Semester 2 Unit 1 Lesson 3 (S2U1L3) COMPLETE
No Additional Assignment