Chapter 2: the Federal and State Court Systems and Their Constitutional Foundation 1

Chapter 2: The Federal and State Court Systems and Their Constitutional Foundation 1

CHAPTER 2

The Federal and State Court Systems and Their Constitutional Foundation

KEY POINTS IN THE CHAPTER

In the United States, the courts are charged with interpreting and enforcing the law. They carry out these responsibilities by deciding cases (rendering a decision).
The United States has two court systems: the federal court system and the state and local court system; at both the federal and the state levels, there are civil and criminal courts.
Each state court system includes lower-level trial courts with various degrees of original jurisdiction and an appellate court of final resort (the highest court in the state).
Courts of special interest in the state system include (1) small claims court, a local court established to provide a fast, nontechnical, inexpensive hearing on a claim; (2) drug court, generally a local court that handles drug-related crimes; mental health court created in many jurisdictions to deal with mentally ill people who become involved in the criminal justice system and are incarcerated.
The federal court system established under the U.S. Constitution provides for the U.S. Supreme Court (the highest court in the land) and lower courts established by Congress as deemed necessary. Under this authority, Congress has established U.S. District Courts (trial courts), U.S. Courts of Appeals, and special federal courts.
The attorney, the paralegal, the judge, and the jury play key roles in helping the courts to function smoothly.
The constitutional system on which our system is based includes these principles: separation of powers, judicial review, accommodation of interests and litigation, and the Bill of Rights.

MATCHING QUESTIONS

Use the following terms to identify the phrases below. On the line next to each phrase, write the letter of the term that is most closely related to it. Do not use a term more than once.

1._____ Where a case is first tried
2._____ Where the technical rules of evidence normally followed in the court trial are not strictly adhered to
3._____ A lawsuit or legal action
4._____ Has the authority to affirm or reverse the decision of a trial court
5._____ Guarantee the right to due process
6._____ Where financially troubled debtors are relieved from paying some of their debts
7._____ Gives higher courts the power to re-examine the decisions of lower courts
8._____ The Supreme Court case that established the basis for the concept of judicial review
9._____ The branch of the federal government that has the power to make law
10._____ Grounds for jurisdiction in the federal courts when the person suing and the person being sued live in different states
11._____ The minimum claim required in a diversity-of-citizenship case
12._____ Protects the individual’s right to privacy by prohibiting unreasonable search and seizure by the government / a.Judicial review
b.Court of original jurisdiction
c.Executive branch
d.Marbury v. Madison
e.Congress
f.Litigation
g.Diversity of citizenship
h.Fourth Amendment
i.Drug court
j.Separation of powers
k.U.S. Bankruptcy Court
l.$75,000
m.Small claims court
n.Appellate court
o.Fifth and Sixth Amendments
p.Fourteenth Amendment
q.U.S. v. Wade
r.$50,000
s.Board of Education v. Brown

MULTIPLE-CHOICE QUESTIONS

On the line next to each statement, write the letter of the best answer.

1.The power of a court to hear a case is known as

a.certiorari.

b.venue.

c.jurisdiction.

d.none of these.

2.A court that has the power to hear almost any case brought before it has

a.appellate jurisdiction.

b.constitutional jurisdiction.

c.limited jurisdiction.

d.general jurisdiction.

3.The U.S. Supreme Court’s jurisdiction is

a.appellate only.

b.original only.

c.appellate and original.

d.unlimited.

4.The most common means of bringing an appeal before the U.S. Supreme Court is called

a.case.

b.certification.

c.centaurus.

d.certiorari.

5.The major trial courts of the federal court system are called

a.circuit courts.

b.district courts.

c.claims courts.

d.courts of appeal.

6.A court of original jurisdiction is called a

a.trial court.

b.higher court.

c.review court.

d.criminal court only.

7.The United States has two separate and distinct court systems. They are

a.federal system and county system.

b.federal system and local system.

c.federal system and state and local system.

d.state system and county and local system.

8.The U.S. Supreme Court derives its judicial power from

a.Congress.

b.the president.

c.the Constitution.

d.the state courts.

9.Howell, a landlord, is involved in a dispute with a tenant over unpaid rent. Howell should bring suit against the tenant in

a.district court.

b.U.S. Tax Court.

c.probate court.

d.small claims court.

10.All of the following are part of the federal court system except

a.the circuit courts of appeal.

b.U.S. Tax Court.

c.district courts.

d.juvenile courts.

11.A typical state court system includes all of the following except

a.lower-level trial courts.

b.intermediate-level appeals courts.

c.bankruptcy courts.

d.small claims courts.

12.Most state court systems include small claims courts to settle minor disputes. In small claims courts

a.technical rules of evidence and procedure normally followed in a court trial are not strictly followed.

b.attorneys are not permitted.

c.the maximum amount for which a person may sue is not established.

d.a judge and jury consider the evidence and render a decision.

SHORT-essay QUESTIONS

Answer each of the following questions in the space provided.

1.Briefly explain the meaning of the following statement: Our legal system is known as an adversary system.

______

2.The U.S. system of government and law is determined by the doctrine of separation of powers. Explain the meaning of this doctrine.

______

3.Explain why the concept of judicial review is important in our judicial system.

______

4.What is the role of mental health courts in a state’s system of courts?

______

5.Give reasons why the opportunities for the successful appeal of a case are limited.

______

6.How does a court gain jurisdiction over a person in a civil case? In a criminal case?

______

7.Is the appeals process, which is both time-consuming and costly, really necessary? Or should a verdict reached in a trial court, presided over by a judge who has knowledge of law and trial procedures, be final?

______

8.At both the federal and state levels there are civil and criminal courts. What types of cases are handled in civil courts? In criminal courts?

______

9.List three advantages to taking a case to small claims court.

______

10.What is the significance of the Supreme Court decision in Roe v. Wade (410 U.S. 113; 93 S. Ct. 705; 35 L. Ed. 2d 147)?

______

11.The Fourteenth Amendment guarantees the equal protection of the law to all persons. What is the meaning of the phrase equal protection?

______

CASE PROBLEMS

Read the case problems below and then answer the questions that follow.

1.Johnson refused to file a federal income tax return, claiming that it was a violation of his right to privacy. He was arrested and charged with a violation of the Internal Revenue Code of the United States.

a.Is this a state or a federal case? _____

b.Which court has jurisdiction to hear this case? _____

c.If Johnson is convicted, to which court may he appeal? _____

2.Alden had her car radiator repaired by Smokey Garage for $125. She was not happy with the results and decided to sue the garage owner to get her money back.

a.In what court would her case most likely be heard? _____

b.Does she need a lawyer to represent her in this court? _____

c.Would this kind of case normally be heard by a judge or by a jury? _____

3.Boulder got into a fight with Smyth and fractured Smyth’s jaw. Smyth sued Boulder for his injuries.

a.Would this case be tried in a civil or a criminal court? _____

b.Is this a state or a federal case? _____

c.Would this case be heard in a trial or an appellate court? _____

4.Rolf, a resident of Chicago, Illinois, was a contender for the world middle-weight champion title. Rolf’s manager Archie Bowles, also from Illinois, entered into a contract with the Moyles Corporation of Chicago to co-promote a fight between Rolf and Villin the current middle-weight champion in New York City. The contract was made in the state of New York. To promote the fight, Rolf’s manager held a press conference in New York City. At the press conference, Bowles was involved in a confrontation with a sports writer covering the press conference and ended up severely assaulting him. The sportswriter brought suit against Bowles and the Moyles Corporation by filing a complaint in a New York State Court. The only contact the Moyles Corporation had with New York City was that a selected group of employees had taken one or two trips to New York City to plan the fight, but the fight was never held. New York State had a long arm statute. Does New York State have any jurisdiction over the Moyles Corporation so as to enable a lawsuit to be brought in that state?

______