The American Court System
How many Circuit Court of Appeals are there?
11, plus D.C. Circuit and the Federal Circuit
In which circuit is Alabama? What other states are in the circuit? In what city is the circuit headquartered?
11th Circuit Georgia and Flordia Atlanta Georgia
How many district court judicial districts are there in Alabama?
12
How many circuits of appeal are there?
12 Regional Circuits
How many Districts are there in Alabama and where are they headquartered?
3 Districts Northern- Birmingham Middle- Montgomery Southern- Mobile
About what percentage of appellant cases heard by the Supreme Court are Direct Appeals?
9 percent
How many District are there?
94 Districts across the US
When does a misdemeanor go the municipal court vs. satate court
A misdemeanor goes to municipal court (city criminal court) hears traffic cases, violations there are 5 in Madison county A misdemeanor goes to DISTRICT COURT(criminal court) When the arresting officer is either a sheriff's deputy or a state trooper, the DC has original jurisdiction!
Which of the two types of cases heard by the U.S. Supreme Court are the most common?
Appellant
What is "Writ of Certiorari"?
Appellant cases heard by the Supreme Court when all other legal means have been exhausted.
What are direct appeals?
Appellant cases heard by the Supreme Court, e.g. if a state or federal law is found unconstitutional.
What are Supreme Court justices called?
Chief Justice of the United States
What are the two ways appellant cases are brought to the Supreme Court?
Direct Appeal and Writ of Certiorari
State Courts - when does a misdemeanor go to district court?
District court is a criminal court hearing
What is a writ of certiorari? Direct Review? Rule of Four?
How the case goes to SCOTUS, the writ asks the court to issue a writ against the lower court whose ruling is challanged. A state criminal case having a substantial federal question! 4 justices must agree to grant a writ
Know about jurisdiction - Concurrent jurisdiction Appellant Jurisdiction
Jurisdiction - Defines the power of the courts to inquire into facts, apply the law, make decisions and declare judgment. Concurrent Jurisdiction - exercised by different courts, at the same time, and withing the same territory Appellant Jurisdiction - The power vested in an appellate court to review and revise the judicial action of an inforior court
State Courts - when does a misdemeanor go to municipal court?
Municipal court is a criminal court hearing traffic cases, violations, and misdemeanors. It has limited jurisdiction.
The U.S. Supreme Court hears which two types of cases?
Original and Appellant
What is the highest appellate court?
The Supreme Court
What is trial court?
The first level of the Federal and State Court system, where most cases begin, and which looks at the facts of a case and the law.
General Jurisdiction Limited Jurisdiction
The legal power of a court to take any case in its geographical area. Legal authority over very specific subject matter, case or persons for the imposition of limited jail times or limited financial sanctions and certian civil actions.
What is the Supreme Court?
The only court required, established by the Constitution in 1798. Justices are appointed by the President with Senate confirmation and serve for life, unless impeached.
What is the Appellate Court?
The second, intermediate level of the Federal and State Court System which reviews just the law, not the facts of a case, to see if it has been applied properly. The Appellate Court can remand a case for reconsideration or order a new trial if new evidence is presented.
What is the basic structure of the court system?
Trial court, Intermediate Appellate Court, Supreme Court
Where do most cases begin?
Trial court.
What are "original" cases heard by the U.S. Supreme Court?
Trial courts, e.g. between states or a foreign matter, that are rare.
What is trial de Novo? and how does it apply?
Trial de Novo is a retrial - is is a form of appeal in which the appeals court holds a trial as if no prior trial had been held.
appellant
a person who applies to a higher court for a reversal of the decision of a lower court
plaintiff
a person who brings a case against another in a court of law
appellee
a respondent in a case appealed to a higher court
defendant
an individual, company, or institution sued or accused in a court of law
What does the Federal Circuit Court of Appeals deal with?
claims and international issues
What do Circuit Court of Appeals deal with?
issues of law and proper procedure
Who writes the opinion of the Supreme Court?
the Senior Justice, unless he/she chooses someone.
Who is the Appellant?
the petitioner in a court of appeals
Who is the Appellee?
the respondent in a court of appeals
