explains a bit about state and federal courts for high school students

1. Dual Court System
(Chapter 5)
“Dual” means “two”
1
There are two court systems in America

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

3. State Courts

4. When states
were formed,
each state
created its own
laws and its own
court system
4

5. What was legal in one
state may not have
been legal in another
5

6. Even today, what
is legal in one
state may not be
legal in another
6

7. If you committed
a crime, you
would go to your
state court and
be punished by
your state’s laws
7
Massachusetts

8. If you
committed a
tort, you
would be
sued in your
state court
8

9. Each state has a “ladder” of courts
9
Court 3
Court 2
Court 1

10. California State Court System
10

11. Here is California’s “ladder” of courts
11
California Supreme Court
California Courts of Appeal
California Superior Courts

12. Here is California’s “ladder” of courts
12
California Supreme Court
California Courts of Appeal
California Superior Courts

13. 2 levels of California State Courts?!
California Supreme Court
California Courts of Appeal
California Superior Courts = “Trial Courts”
13

14. 2 levels of California State Courts?!
California Supreme Court
California Courts of Appeal
California Superior Courts = “Trial Courts”
14
}= Appellate Courts

15. California Superior Courts = “Trial Courts”
15

16. 16
California Superior Courts =
“Trial Courts”

17. One Superior Court
for each county
17

18. One Superior Court
for each county
18
58Superior Courts
in California

19. Sacramento County Superior Court
19
720 9th Street

20. Sacramento County Superior Court
20
720 9th Street

21. California Superior Courts = “Trial Courts”
21

22. California Superior Courts = “Trial Courts”
22
Judge, prosecutor, defendant, witnesses,
evidence, jury, verdict, sentencing

23. Jurors get paid in the Superior Court
Jurors get paid beginning on their 2nd day of service
$15.00/day
34¢/mile (one way)
23

24. California Superior Courts listen to
• Criminal cases
• Civil cases
– Juvenile law
– Family law
– Probate law
24

25. California Superior Courts decide
If a person accused of a crime is guilty or not guilty.
25

26. California Superior Courts decide
If a person accused of a crime is guilty or not guilty.
If a tort has been committed and what remedy should
be imposed.
26

27. California Courts of Appeal
27

28. Here is California’s “ladder” of courts
28
California Supreme Court
California Courts of Appeal
California Superior Courts

29. California Courts of Appeal
29

30. California Courts of Appeal
Usually a panel of three “justices” hear a case
30

31. California Courts of Appeal
105“justices” in the CA Courts of Appeal system
31

32. California 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”
32

33. California Courts of Appeal
• Decide if legal errors were made in the
Superior court
– Was the law applied fairly?
– Is the law just?
33

34. How California Courts of Appeal decide:
• Review the court files and transcripts of the
Superior court
• Listen to oral arguments from the lawyers and
ask the lawyers questions
34

35. California Courts of Appeal
Here’s an example of a case that the California
Courts of Appeal heard…
35

36. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
36

37. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid.
37

38. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
38

39. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
39
She argued that the law was not fair.

40. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
The CA Court of Appeals said that a violation of the
Industrial Welfare Commission Wage Order law is
also a violation of the Labor Code. Ms. Bright could
sue for money for a violation of the Labor Code.
40

41. You be the judge…
41
Industrial Welfare Commission Wage Order:
“all working employees shall be provided with suitable seats
when the nature of the work reasonably permits the use of
seats.”
Labor Code:
“The maximum hours of work and the standard conditions of labor fixed
by the Industrial Welfare Commission shall be the maximum hours of
work and the standard conditions of labor for employees. The
employment of any employee for longer hours than those fixed by the
order or under conditions of labor prohibited by the order is unlawful.”
Is “no chair” a violation of the Labor Code?

42. California has
6Courts of Appeal
Districts
42

43. California has
6Courts of Appeal
Districts
Headquarters:
First District: San Francisco
Second District: Los Angeles
Third District: Sacramento
Fourth District: San Diego
Fifth District: Fresno
Sixth District: San Jose
43

44. California has
6Courts of Appeal
105 Justices in the
California State
Courts of Appeal system.
44

45. California Supreme Court
45

46. California Supreme Court
46
Justices

47. California Supreme Court
47

48. California Supreme Court
48
Meets in
Sacramento,
San Francisco, and
Los Angeles.

49. California Supreme Court
49
Sacramento
San Francisco Los Angeles

50. Sacramento’s Supreme Court building
50

51. 51
California Supreme Court
building in Sacramento is across
the street from the State Capitol

52. California Supreme Court
52

53. California Supreme Court
7 justices
53

54. California Supreme Court
7 justices
– Must be lawyers
54

55. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
55

56. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
56

57. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
57

58. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
– Serve a 12-year term
58

59. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
– Serve a 12-year term
– Can be re-elected
59

60. California Supreme Court
• Does not decide “guilt” or “fault”
• Does not listen to witnesses
• Does not have a jury
• Dose not attempt to “find out the facts”
60

61. California Supreme Court
• Reviews all death penalty cases
61

62. California Supreme Court
• Reviews all death penalty cases
• Reviews disciplinary cases against judges and
lawyers
62

63. California Supreme Court
• Reviews all death penalty cases
• Reviews disciplinary cases against judges and
lawyers
• Decides if legal errors were made in the Court
of Appeals
– Was the law applied fairly?
– Is the law just?
63

64. State Court System Review
64

65. Here is California’s “ladder” of courts
65
California Supreme Court
California Courts of Appeal
California Superior Courts

66. 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

67. Neither one.
67

68. This case
would go to
Federal Court
68

69. Federal Courts
69

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

71. 3 levels of Federal Courts
71
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts

72. 3 levels of Federal Courts
72
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts

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

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

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

76. Jurisdiction
Who has the right to hear the case?
76

77. Jurisdiction
Who has the right to hear the case?
77
Nearly all cases
(over 90%)
go to state courts.

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

79. 79
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

80. Federal courts have jurisdiction:
1. Cases in which the United States is a party
80
KOREMATSU vs. UNITED STATES

81. 81
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

82. Federal courts have jurisdiction:
2. Crimes on federal property
82
Chandra Levy case

83. 83
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

84. 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
84

85. 85
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

86. Federal courts have jurisdiction:
4. Military lawsuits
86

87. Federal courts have jurisdiction:
4. Military lawsuits
87

88. Federal courts have jurisdiction:
4. Military lawsuits
88

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

90. Federal courts have jurisdiction:
5. Immigration cases
90

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

92. Federal courts have jurisdiction:
6. Torts between citizens of different states
92
“Diversity Jurisdiction”

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

94. Federal courts have jurisdiction:
7. Cases that raise a Constitutional question
94
Morse v. Frederick

95. 95
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

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

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

98. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
– Copyrights
– Bankruptcy
98

99. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
– Copyrights
– Bankruptcy
– Admiralty cases
99

100. 100
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases

101. U.S. Federal Court System
101
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts

102. U.S. District Courts
102

103. U.S. District Courts = “Trial Courts”
103

104. U.S. District Courts = “Trial Courts”
104
Judge, prosecutor, defendant, witnesses,
evidence, jury, verdict, sentencing

105. The United States
has 94 Federal
district courts. 105

106. Each state has at
least one Federal
District court.
106

107. 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.
107

108. 4
Federal
District
courts in
California.
108

109. Sacramento
is in the
Eastern
District

110. A US District
courthouse
is located in
Sacramento

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

113. U.S. Federal Court System
113
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts

114. U.S. Courts of Appeal
114

115. 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”
115

116. U.S. Courts of Appeal
• Decide if legal errors were made in the District
court
– Was the law applied fairly?
– Is the law just?
116

117. 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
117

118. 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
118

119. U.S. Courts of Appeal
119
12
regional
Courts of
Appeal
(including
the “Federal
Circuit”)

120. U.S. Courts of Appeal = “Circuit Courts”
120

121. California is in the 9th Circuit Court
121

122. California
is in the
9th
Circuit
Court
122

123. The 9th
Circuit
Court has
29 judges
123

124. The 9th Circuit Court of Appeals
124
Usually three
judges work
together on a
case as a
“panel”.

125. The 9th Circuit Court of Appeals
125
Log Cabin Republicans v. United States
Let’s watch about 3 minutes of a
3-member panel of the
9th Circuit Court of Appeals…

126. The 9th Circuit Court of Appeals
126
http://www.youtube.com/watch?v=Bepbh4o1IBU&feature=relmfu

127. The 9th Circuit Court of Appeals
127
Sometimes 11 judges make up a “panel”.

128. The 9th Circuit Court of Appeals
128
United States v. Ressam
Let’s watch about 4 minutes…

129. The 9th Circuit Court of Appeals
129http://www.youtube.com/watch?feature=player_embedded&v=iWhvcuasVZY#!

130. U.S. Supreme Court
130

131. U.S. Supreme Court = 9 “Justices”
131

132. 1 is the “Chief Justice”;
the others are “Associate Justices”
132

133. Chief Justice John Roberts
133

134. 134

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

139. Dual Court System
(Federal courts and State courts)
139

140. Dual Court System
140
Federal Courts State Courts

141. Dual Court System
141
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts

142. Dual Court System
142
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1

143. Dual Court System
143
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12

144. Dual Court System
144
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94

145. Dual Court System
145
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1

146. Dual Court System
146
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1
6

147. Dual Court System
147
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1
6
58

148. ---end of presentation---
148