The United States did not have a national court system in it's early days during the years of the Articles of Confederation. Courts were regulated by each state by it's own laws. A person might receive a different court decision for the same thing if tried in a different state. It wasn't until the creation and ratification of the United States Constitution that there was an established federal court system. Article Three of the Constitution provided the basis for the federal court system with the Supreme Court at it's center. It provided Congress the power to establish lower, called "inferior" courts. This granting of power to Congress is part of the checks and balances system of our federal government.
The Judiciary Act of 1789 brought about the federal district courts. It would take almost a century, in 1891, that Congress would create the federal appeals courts. The federal court system finally had three levels: the district courts as a starting place, the appeals courts in the middle, and the Supreme Court as the final level.
The Judiciary Act of 1789 brought about the federal district courts. It would take almost a century, in 1891, that Congress would create the federal appeals courts. The federal court system finally had three levels: the district courts as a starting place, the appeals courts in the middle, and the Supreme Court as the final level.
Criminal and Civil Cases
The establishment of a federal court system did not bring an end to the states courts. State courts are alive and well, the deciding place for most legal disputes. Nearly all criminal cases are tried in state courts. A criminal case is one in which a jury decides whether someone has committed a crime. Criminal cases involve an action that is considered to be harmful to society as a whole. In a criminal case, a person accused of a crime is general charged in a formal accusation, or indictment (in felonies or serious crimes) or information (in misdemeanors). The government prosecutes the case through the prosecuting attorney's office. This may be a federal or state prosecuting attorney, depending on the crime.
There isn't always a victim in a criminal case. An example would be in the situation of a person driving while intoxicated. Because society deems this a serious offense that can cause harm to others, it is society as a whole that is considered the victim. Even if there is a specific victim, it is not their responsibility to bring the case. It will be the prosecuting attorney for the county, state, or federal government that will bring the case to trial. In a guilty verdict, the convicted person will receive a sentence. There may be a fine or restitution and imprisonment or supervision may also be part of the conviction.
Civil cases usually involve private disputes between persons or organizations. A civil case begins when a person or organization (the plaintiff) claims that another (the defendant) has failed to carry out a legal duty owed to the plaintiff. The plaintiff may ask the court to make the defendant carry out their duty or make compensation for the violation. Legal duties include respecting the right established under the Constitution or under federal or state law. An example of a civil case might be a person suing another for not. An example of a civil case might be a contractor not complete an agreed upon contract for a job with the plaintiff and cause them to have to pay more
from another supplier. Another example could be the federal government suing a hospital for over-billing Medicare or Medicaid.
There isn't always a victim in a criminal case. An example would be in the situation of a person driving while intoxicated. Because society deems this a serious offense that can cause harm to others, it is society as a whole that is considered the victim. Even if there is a specific victim, it is not their responsibility to bring the case. It will be the prosecuting attorney for the county, state, or federal government that will bring the case to trial. In a guilty verdict, the convicted person will receive a sentence. There may be a fine or restitution and imprisonment or supervision may also be part of the conviction.
Civil cases usually involve private disputes between persons or organizations. A civil case begins when a person or organization (the plaintiff) claims that another (the defendant) has failed to carry out a legal duty owed to the plaintiff. The plaintiff may ask the court to make the defendant carry out their duty or make compensation for the violation. Legal duties include respecting the right established under the Constitution or under federal or state law. An example of a civil case might be a person suing another for not. An example of a civil case might be a contractor not complete an agreed upon contract for a job with the plaintiff and cause them to have to pay more
from another supplier. Another example could be the federal government suing a hospital for over-billing Medicare or Medicaid.
Federal Court Jurisdiction
The Constitution gives jurisdiction, or the authority to hear and decide a case, to the federal courts in certain areas. Those areas are as follows:
1. The Constitution
I.E. The Westboro Baptist Church believes that their freedom of assembly right has been violated and therefore go to court.
2. Federal Laws
I.E. A person accused of stealing from a post office or kidnapping can be tried in a federal court.
3. Admiralty and maritime laws
I.E. Canada confiscates an oil derrick owned by an American company.
4. Disputes in which the United States government is involved
I.E. The National Park Service failing to pay a contractor the agreed on amount for demolition of old buildings in a renovation project.
5. Controversies between states
I.E. The state of Missouri taking the state of Arkansas to court over a disagreement over joint highway construction.
6. Controversies between citizens of different states
I.E. A Ebay seller from Texas wrongly advertising an automobile purchased by someone in Missouri and it not being worth the purchase price.
7. Disputes involving foreign governments
I.E. General Motors having a dispute with the Italian government over a trade embargo.
8. United States ambassadors, ministers, and consuls serving in foreign countries
I.E. a diplomat being accused of an American law while serving in another country, they could be tried in federal courts.
1. The Constitution
I.E. The Westboro Baptist Church believes that their freedom of assembly right has been violated and therefore go to court.
2. Federal Laws
I.E. A person accused of stealing from a post office or kidnapping can be tried in a federal court.
3. Admiralty and maritime laws
I.E. Canada confiscates an oil derrick owned by an American company.
4. Disputes in which the United States government is involved
I.E. The National Park Service failing to pay a contractor the agreed on amount for demolition of old buildings in a renovation project.
5. Controversies between states
I.E. The state of Missouri taking the state of Arkansas to court over a disagreement over joint highway construction.
6. Controversies between citizens of different states
I.E. A Ebay seller from Texas wrongly advertising an automobile purchased by someone in Missouri and it not being worth the purchase price.
7. Disputes involving foreign governments
I.E. General Motors having a dispute with the Italian government over a trade embargo.
8. United States ambassadors, ministers, and consuls serving in foreign countries
I.E. a diplomat being accused of an American law while serving in another country, they could be tried in federal courts.
Federal courts have exclusive jurisdiction, in which only federal courts can hear and decide the cases, in most of these areas. In a few circumstances, a case can be heard in a state or federal court. In those situations, they are said to have concurrent jurisdiction, jurisdiction that exists at the same time in both courts. This may happen when the crime violates both federal and state laws, or when the person appeals a conviction on constitutional grounds.
Section Assessment
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