the american court system a basic structural primer

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The American Court System A basic structural primer

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Page 1: The American Court System A basic structural primer

The American Court SystemA basic structural primer

Page 2: The American Court System A basic structural primer

“Jurisdiction”• State v. Federal• State – control over issues of state law• Federal – control over issues of federal law

• Original v. Appellate• Original – where a case originates, the court of origin• Appellate – power to hear legal disputes arising from courts of

original jurisdiction

Page 3: The American Court System A basic structural primer

Basic Structure

SCOTUS

State Court of Last Resort (usually

Supreme Court)

State Appellate Court

State Trial Courts (District Courts)

United States Courts of Appeals

(Circuit Courts)

U.S. District Courts (including special purpose courts)

Page 4: The American Court System A basic structural primer

Trial Courts or District Courts• MN District courts – spread out around the state• 289 judges

• United States District Courts – 94 District courts (at least one per state, and one in each territory)• 650-700 Judges

• Courts of original jurisdiction – decide facts of cases based on court testimony, apply laws to those facts

Page 5: The American Court System A basic structural primer

Appellate Courts• MN Court of Appeals• 3-judge panels • 19 appellate judges

• Federal Circuit Courts of Appeals• 11 geographic circuits, D.C. circuit, Court of Appeals for the

Federal Circuit (13 total)• 179 federal appellate judges (approximation)

• Primarily consider legal arguments – facts are established, looking for legal errors/issues

• Generally applying prior precedent

Page 6: The American Court System A basic structural primer

Supreme Court (page 1)• Minnesota Supreme Court• 7 Justices• Choose cases, generally most important (rule of 3)

• Based on legal issues, facts are established• In MN, MUST hear all 1st degree murder appeals

• Supreme Court of the United States• 9 Justices• Choose cases very carefully – Certiorari process (rule of 4)

• Generally only most important legal issues are accepted

Page 7: The American Court System A basic structural primer

Supreme Court (conclusion)• Minnesota• Attorneys submit briefs outlining legal arguments • Oral arguments – 35 minutes for appellant, 25 for respondent• Justices deliberate and decide in private, one justice writes court

opinion – usually within 3-5 months• Opinions outline legal decision and set precedent

• SCOTUS• Attorneys submit briefs• Oral argument normally lasts one hour, evenly divided• Justices deliberate and decide in private, one justice is assigned to

write opinion – can be released any time, but normally come at the end of the term ~June

• Opinions outline legal decision and set precedent