Levels of jurisdiction in state courts; limited, general, appellate
Courts of limited jurisdiction
the entry point for criminal judicial processing
problems include large number of cases and the trial de novo
system
justice of the peace courts; minimal legal training; often paid
from costs assessed convicted defendants; have been eliminated or
downgraded in many states
municipal courts; urban counterpart of the rural justice of the
peace courts; swift, mass processing of defendants; examples of Cleveland
and Brooklyn, New York
Major trial courts
authorized to try all criminal and civil cases; courts of general
jurisdiction
may be known as circuit courts, district courts, superior courts,
or by other titles
judicial circuit; a judge moves from county to county within
a geographical area holding court in each one as he/she travels
judges are lawyers, salaried, and full-time
courts of record; written record of the proceedings is kept
Appellate courts
exercise of appellate jurisdiction (reviewing the actions of
trial courts)
intermediate courts of appeal and court of last resort
Reform and unification of state courts
recommendations for reorganization
many obstacles to reorganization: political, philosophical, pragmatic;
court personnel fear loss of power and status
overloaded court dockets result in congested courts and delayed
justice; establishment of special drug courts
The Federal Judiciary
Unified system based on the Constitution of the United States
Administers federal law throughout the 50 states, the territories,
and the District of Columbia
U.S. Commissioners and U.S. Magistrate's Courts
U.S. District Courts
created in 1789 by Congress
located throughout the 50 states, the territories, and the District
of Columbia
broad jurisdiction over a wide range of cases; courts of general
jurisdiction
one or more judges per court; over 600 judges in all; cases may
be tried by a judge only or a judge and jury
dramatic increase in workload (cases) in the last 25 years
difficulty of finding qualified persons to serve as federal judges
growing jurisdictional conflicts between state trial courts and
federal district courts
U.S. Courts of Appeals
13 of these, organized in circuits made up of multiple states;
also known as Circuit Courts
appellate jurisdiction; cases appealed from the District Courts
cases heard by three-judge panels, or en banc
The U.S. Supreme Court
the highest court in the nation; 9 justices serve for life
the origins of the Supreme Court
created by Article III of the U.S. Constitution
early struggle to gain power and prestige
Marbury v. Madison
Chief Justice John Marshall
writ of mandamus
judicial review
judicial scope of the Supreme Court
broad but not limitless
constitutional issues
selection of cases
mandatory review of specified types of cases
writ of certiorari; the rule of four
types of rulings: affirm, reverse, remand
growing workload; more petitions for review, fewer cases accepted
