3.
Judges present written explanations for their
decisions, and these opinions of the court are the basis
for a great deal of precedent
4.
Do not determine the guilt or innocence of the
defendant
5.
Primarily concerned with questions of law and
normally accept facts as established by trail courts.
c.
The dual court system
i.
Federal and state courts both have limited jurisdiction
1.
Federal courts deal with acts that violate federal law
2.
State courts deal with acts that violate state law
3.
A number of crimes are deemed illegal by both
federal and state statutes and persons accused of such
crimes can be tried in either court system
4.
Federal and state prosecutors need to decide who
will handle such a case
5.
Often prosecutors will “steer” a suspect toward the
harsher penalty
II.
State Court Systems
a.
Courts of limited jurisdiction
i.
Local trial courts limited to trying cases involving minor
criminal matters

ii.
Minor courts usually keep no written record of the trial
proceedings
iii.
Cases decided by judge rather than by a jury
iv.
Defendants have the same rights as those in other trial
courts
v.
Majority of all minor criminal cases are decided in lower
courts
vi.
Can be responsible for preliminary stages of felony cases
vii.
Arraignments, bail hearings, and preliminary hearings often
take place in these lower courts
viii.
Also includes the justice of the peace and magistrate 193pg
ix.
Many states also may have specialty courts such as drug
courts, gun courts, juvenile courts, domestic courts, and elder
courts
b.
Trial courts of general jurisdiction
i.
May be called county courts, district courts, superior
courts, or circuit courts
ii.
Courts of general jurisdiction have the authority to hear and
decide cases involving many types of subject matter, and they are the
setting for criminal trials
c.
State Courts of Appeals
i.
Every state has at least one court of appeals, which may be
an intermediate appellate court or the state’s highest court
ii.
Decisions of each state’s highest court on all questions of
state law are final
iii.
Only when issues of federal law or constitutional procedure
are involved can the United States Supreme Court overrule a
decision made by a state’s highest court
The Federal Court System
a.
U. S. district courts
i.
Lowest tier of the federal court system
ii.
Courts in which cases involving federal laws begin, and a judge or
jury decides the case
iii.
Every state has at least one federal district court, and there is one in
the District of Columbia
iv.
Number of judicial districts varies over time, currently there are 94
b.
U. S. courts of appeals
i.
Currently there are thirteen U. S. courts of appeals
ii.
Also referred to as “U. S. circuit courts of appeals”
iii.
Decisions of the circuit courts of appeals are final unless a further
appeal is pursued and granted, then the matter is brought before the
United States Supreme Court

c.
The United States Supreme Court
i.
Reviews a very small percentage of the cases decided in the United
States each year
ii.


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- Summer '13
- Hurd
- Supreme Court of the United States, United States Supreme Court, Trial court