dual court system
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Dual Court System(Chapter 5)
“Dual” means “two”
There are two court systems in America
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There are two court systems in America
State courts and Federal courts
State Courts
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When states were formed,
each state created its own
laws and its own court system
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What was legal in one state may not have
been legal in another
No witchcraft in our state!
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Even today, what is legal in one
state may not be legal in another
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If you committed a crime, you
would go to your state court and be punished by your
state’s laws
Massachusetts
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If you committed a
tort, you would be
sued in your state court
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Each state has a “ladder” of courts
Court 3
Court 2
Court 1
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California State Court System
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Here is California’s “ladder” of courts
California Supreme Court
California Courts of Appeal
California Superior Courts
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Here is California’s “ladder” of courts
California Supreme Court
California Courts of Appeal
California Superior Courts
Trial Court
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2 levels of California State Courts?!
California Supreme CourtCalifornia Courts of AppealCalifornia Superior Courts = “Trial Courts”
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2 levels of California State Courts?!
California Supreme CourtCalifornia Courts of AppealCalifornia Superior Courts = “Trial Courts”
} = Appellate Courts
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California Superior Courts = “Trial Courts”
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California Superior Courts = “Trial Courts”
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One Superior Court for each county
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One Superior Court for each county
58Superior Courts in
California
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Sacramento County Superior Court720 9th Street
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Sacramento County Superior Court720 9th Street
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California Superior Courts = “Trial Courts”
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California Superior Courts = “Trial Courts”Judge, prosecutor, defendant, witnesses,
evidence, jury, verdict, sentencing
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Jurors get paid in the Superior Court
Jurors get paid beginning on their 2nd day of service$15.00/day34¢/mile (one way)
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California Superior Courts listen to
• Criminal cases• Civil cases
– Juvenile law– Family law– Probate law
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California Superior Courts decide
If a person accused of a crime is guilty or not guilty.
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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.
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California Courts of Appeal
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Here is California’s “ladder” of courts
California Supreme Court
California Courts of Appeal
California Superior Courts
Trial Court
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California Courts of Appeal
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California Courts of AppealUsually a panel of three “justices” hear a case
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California Courts of Appeal105“justices” in the CA Courts of Appeal system
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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”
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California Courts of Appeal
• Decide if legal errors were made in the Superior court– Was the law applied fairly?– Is the law just?
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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
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California Courts of Appeal
Here’s an example of a case that the California Courts of Appeal heard…
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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.
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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.
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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.
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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.
She argued that the law was not fair.
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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.
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You be the judge…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?
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California has
6Courts of Appeal
Districts
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California has
6Courts of Appeal
Districts
Headquarters:First District: San FranciscoSecond District: Los AngelesThird District: SacramentoFourth District: San DiegoFifth District: FresnoSixth District: San Jose
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California has
6Courts of Appeal
105 Justices in the California State
Courts of Appeal system.
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California Supreme Court
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California Supreme Court
7 Justices
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California Supreme Court
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California Supreme CourtMeets inSacramento, San Francisco, and Los Angeles.
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California Supreme Court
Sacramento
San Francisco Los Angeles
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Sacramento’s Supreme Court building
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California Supreme Court building in Sacramento is across the street from the State Capitol
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California Supreme Court
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California Supreme Court7 justices
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California Supreme Court7 justices
– Must be lawyers
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California Supreme Court7 justices
– Must be lawyers– Must have served as a judge for at least 10 years
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California Supreme Court7 justices
– Must be lawyers– Must have served as a judge for at least 10 years– Are appointed by the Governor
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California Supreme Court7 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
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California Supreme Court7 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
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California Supreme Court7 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
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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”
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California Supreme Court• Reviews all death penalty cases
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California Supreme Court• Reviews all death penalty cases• Reviews disciplinary cases against judges and
lawyers
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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?
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State Court System Review
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Here is California’s “ladder” of courts
California Supreme Court
California Courts of Appeal
California Superior Courts
Trial Court
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What if two people from
different states sue each other?
Which state court would you go to if you sued someone from another state?
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Neither one.
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This case would go to
Federal Court
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Federal Courts
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The Federal court system has a “ladder” of courts
Court 3
Court 2
Court 1
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3 levels of Federal Courts
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts
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3 levels of Federal Courts
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts
Trial Court
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2 levels of Federal Courts?!
• U.S. Supreme Court• U.S. Courts of Appeal• U.S. District Courts = “Trial Courts”
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2 levels of Federal Courts?!
• U.S. Supreme Court• U.S. Courts of Appeal• U.S. District Courts = “Trial Courts”
} = Appellate Courts
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JurisdictionShould a case go to
the State court or the Federal court?
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JurisdictionWho has the right to hear the case?
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JurisdictionWho has the right to hear the case?
Nearly all cases(over 90%)
go to state courts.
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:1. Cases in which the United States is a party
KOREMATSU vs. UNITED STATES
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:2. Crimes on federal property
Chandra Levy case
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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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
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:4. Military lawsuits
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Federal courts have jurisdiction:4. Military lawsuits
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Federal courts have jurisdiction:4. Military lawsuits
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:5. Immigration cases
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:6. Torts between citizens of different states
“Diversity Jurisdiction”
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:7. Cases that raise a Constitutional question
Morse v. Frederick
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents
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Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights
vs.
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Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights– Bankruptcy
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Federal courts have jurisdiction:8. “Subject matter jurisdiction” such as cases involving:
– Patents– Copyrights– Bankruptcy– Admiralty cases
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Federal courts have jurisdiction:
1. Cases in which the United States is a party2. Crimes on federal property3. Violations of federal law4. Military lawsuits5. Immigration cases6. Torts between citizens of different states7. Cases that raise a Constitutional question8. “Subject matter jurisdiction” cases
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U.S. Federal Court System
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts
Trial Court
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U.S. District Courts
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U.S. District Courts = “Trial Courts”
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U.S. District Courts = “Trial Courts”Judge, prosecutor, defendant, witnesses,
evidence, jury, verdict, sentencing
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The United States
has 94 Federal district courts.
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Each state has at least one Federal District court.
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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.
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4Federal District courts in California.
Sacramento is in the Eastern District
A US District courthouse is located in Sacramento
US district courthouse in Sacramento
501 I Street
www.caed.uscourts.gov
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U.S. Federal Court System
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts
Trial Court
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U.S. Courts of Appeal
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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”
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U.S. Courts of Appeal
• Decide if legal errors were made in the District court– Was the law applied fairly?– Is the law just?
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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
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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
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U.S. Courts of Appeal12 regional Courts of Appeal (including the “Federal Circuit”)
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U.S. Courts of Appeal = “Circuit Courts”
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California is in the 9th Circuit Court
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California is in the
9th Circuit Court
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The 9th Circuit
Court has 29 judges
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The 9th Circuit Court of Appeals
Usually three judges work together on a case as a “panel”.
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The 9th Circuit Court of Appeals
Log Cabin Republicans v. United StatesLet’s watch about 3 minutes of a
3-member panel of the 9th Circuit Court of Appeals…
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The 9th Circuit Court of Appeals
http://www.youtube.com/watch?v=Bepbh4o1IBU&feature=relmfu
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The 9th Circuit Court of Appeals
Sometimes 11 judges make up a “panel”.
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The 9th Circuit Court of Appeals
United States v. RessamLet’s watch about 4 minutes…
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The 9th Circuit Court of Appeals
http://www.youtube.com/watch?feature=player_embedded&v=iWhvcuasVZY#!
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U.S. Supreme Court
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U.S. Supreme Court = 9 “Justices”
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1 is the “Chief Justice”; the others are “Associate Justices”
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Chief Justice John Roberts
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Federal Court System
1 Supreme Court
12 Courts of Appeals
94 District Courts
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Dual Court System
(Federal courts and State courts)
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Dual Court SystemFederal Courts State Courts
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Dual Court SystemFederal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
Trial CourtTrial Court
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Dual Court SystemFederal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
Trial CourtTrial Court
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Dual Court SystemFederal 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
Trial CourtTrial Court
144
Dual Court SystemFederal 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
Trial CourtTrial Court
145
Dual Court SystemFederal 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
Trial CourtTrial Court
146
Dual Court SystemFederal 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
Trial CourtTrial Court
147
Dual Court SystemFederal 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
Trial CourtTrial Court
58
148
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