THE 3 - Kate Daye THE 3 1 Describe in detail various way...

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Kate Daye THE 3 1. Describe in detail various way cases get to the United States Supreme Court. (Pgs 236-237) There are two main ways that cases can get to the United State Supreme Court. The first way is by appealing your case to all courts that fall below it (local, state, and state supreme) in hopes of it getting chosen and heard by the Supreme Court. With this comes the writ of certiorari, which is a document issued by each higher court, directing a lower court to prepare the record of a case and send it to the higher court for review. The second way that a case can reach the supreme court, is if it is denied the writ of certiorari, it can apply for a writ of habeas corpus at the federal district court. The writ of habeas corpus is still used today with the exception of fourth amendment search and seizure cases; it requests that a “ person or institution detaining a named prisoner bring him or her before a judicial officer and give reasons for the detention.” 2. Describe the different levels of courts existing in the federal and state courts. (Pgs 226-235) In general, most states have a three-tier system of courts. The first system of state courts is the Courts of Limited of Special jurisdiction. These courts have a magistrate, district of the peace, or judge and are often referred to as municipal courts, justice of the peace courts, and magistrate’s courts. These courts are often called the “workhorses of the state judiciary” because they process over half of the cases tried in state courts, specializing in various types of law (i.e.: family, juvenile, probate). The second system of state courts are the courts of General Jurisdiction. These are the major trial courts and are typically county courts, dealing with civil and criminal law. The judges of these courts are often law school graduates with extensive experience and are always elected or appointed. The final state system is the Appellate Courts. The appellate court has the power to review the judgment of a trial court and examine errors that were made. There is then another level of appellate courts, called the Intermediate Appellate Courts and Supreme Courts. “The majority of…states have one intermediate appellate court and a single court of last resort, which is usually called the state supreme court.” Supreme courts consist of 5-9 justices sitting together (en banc) to hear a case. The intermediate appellate court is normally the final arbiter in many cases. There are four main types of federal courts. At the lowest level of jurisdiction are the federal magistrates. They have trial jurisdiction over minor federal offenses and the task of issuing warrants. The 94 United States District Courts, which are the trial courts in the federal system, have both criminal and civil jurisdiction. Drug cases are the most popular.
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  • Fall '07
  • TEXIDOR,JOSELUIS
  • criminal law, Supreme Court of the United States, Appellate court

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