In which jurisdiction would further review of a federal court decision fall under? an appellate court.
What is the final authority on legal questions in the United States quizlet?
The Constitution establishes a single Supreme Court for the United States that: serves as the final authority on legal question, and leads to judicial branch. This was stated in Article III.
Can a state case be appealed to the U.S. Supreme Court?
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a ‘writ of certiorari,’ which is a document asking the Supreme Court to review the case.
Which would most likely fall under the original jurisdiction?
Background – Article III, Section 1 of the Constitution establishes the Supreme Court of the United States. Currently, there are nine Justices on the Court. Before taking office, each Justice must be appointed by the President and confirmed by the Senate.
Justices hold office during good behavior, typically, for life. The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.
Can you remove a Supreme Court justice?
FAQs – General Information – How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.
Are there qualifications to be a Justice? Do you have to be a lawyer or attend law school to be a Supreme Court Justice? The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law.
Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country.
The last Justice to be appointed who did not attend any law school was James F. Byrnes (1941-1942). He did not graduate from high school and taught himself law, passing the bar at the age of 23. Robert H. Jackson (1941-1954). While Jackson did not attend an undergraduate college, he did study law at Albany Law School in New York. At the time of his graduation, Jackson was only twenty years old and one of the requirements for a law degree was that students must be twenty-one years old. Thus rather than a law degree, Jackson was awarded with a “diploma of graduation.” Twenty-nine years later, Albany Law School belatedly presented Jackson with a law degree noting his original graduating class of 1912.
How is the Chief Justice selected? Does the most senior Associate Justice become Chief Justice? Like the Associate Justices, the Chief Justice is appointed by the President and confirmed by the Senate. There is no requirement that the Chief Justice serve as an Associate Justice, but 5 of the 17 Chief Justices have served on the Court as Associate Justices prior to becoming Chief Justice.
Edward Douglas White (Associate Justice 1894-1910, Chief Justice 1910-1921) Harlan Fiske Stone (Associate Justice 1925-1941, Chief Justice 1941-1946) William H. Rehnquist (Associate Justice 1972-1986, Chief Justice 1986-2005)
Two had a break in service between their periods of service:
John Rutledge (Associate Justice 1789-1791, Chief Justice 1795) Charles Evans Hughes (Associate Justice 1910-1916, Chief Justice 1930-1941)
How long is the term of a Supreme Court Justice? The Constitution states that Justices “shall hold their Offices during good Behaviour.” This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805. The House of Representatives passed Articles of Impeachment against him; however, he was acquitted by the Senate. Who decides how many Justices are on the Court? Have there always been nine? The Constitution places the power to determine the number of Justices in the hands of Congress.
The first Judiciary Act, passed in 1789, set the number of Justices at six, one Chief Justice and five Associates. Over the years Congress has passed various acts to change this number, fluctuating from a low of five to a high of ten. The Judiciary Act of 1869 fixed the number of Justices at nine and no subsequent change to the number of Justices has occurred.
- Do the Justices have any responsibilities other than hearing and deciding cases? The federal circuit courts of appeals and district courts are organized into 13 federal circuits and each Justice is responsible for emergency applications and other matters from one or more of these circuits.
- For example, individual Justices may be asked to halt the implementation of a circuit court order, set bond for a defendant, or stop the deportation of an alien.
Justices are also asked to act on applications for a stay of execution. Do all of the Justices have to be present in order to hear a case? A quorum of six Justices is required to decide a case. Justices may also participate in a case by listening to audio recordings of the oral arguments and reading the transcripts.
- How many cases are appealed to the Court each year and how many cases does the Court hear? The Court receives approximately 7,000-8,000 petitions for a writ of certiorari each Term.
- The Court grants and hears oral argument in about 80 cases.
- When did the Supreme Court first meet? The first meeting of the Court was scheduled to take place in New York City on Monday, February 1, 1790, but the lack of a quorum (only three of the six Justices were present) delayed the official opening until the following day, Tuesday, February 2, 1790.
Who were the members of the first Supreme Court? As stipulated by the Judiciary Act of 1789, there was one Chief Justice, John Jay, and five Associate Justices: James Wilson, William Cushing, John Blair, John Rutledge and James Iredell. Only Jay, Wilson, Cushing, and Blair were present at the Court’s first sitting.
Where did the Court first meet? The Court met in New York City at the Exchange Building (also known as the Royal Exchange, or the Merchants’ Exchange). Where else has the Court met? From 1791-1800, the Court met in Philadelphia, twice in the Pennsylvania State House (Independence Hall) and later in the City Hall (known today as Old City Hall).
From February 1801 to the present, the Court has met in the city of Washington. After using several temporary locations in the U.S. Capitol, the Court settled into a courtroom on the ground floor of the North Wing where it met from 1810 to 1860 (excluding the years the courtroom was repaired after the British burned the Capitol in 1814).
- Today this room is known as the Old Supreme Court Chamber.
- From 1860 to 1935, the Court met in what is known today as the Old Senate Chamber.
- When did the Supreme Court Building open? The Supreme Court sat for the first time in its own building on October 7, 1935.
- It had opened for visitors during the summer of 1935.
Charles Evans Hughes was Chief Justice. Who was the architect of the Supreme Court Building? Cass Gilbert. Among his other famous buildings are the Woolworth Building in New York City, the Minnesota State Capitol, and the West Virginia State Capitol. Two other architects, John Rockart and Cass Gilbert, Jr., were listed on the contract and were involved with the project, especially after Cass Gilbert, Sr., died in 1934.
What is the ultimate legal authority in the United States?
The U.S. Constitution is the nation’s fundamental law.
Does the U.S. Supreme Court have final authority over all lower courts?
Supreme Court of the United States – The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
- For example, if a First Amendment freedom of speech case was decided by the highest court of a state (usually the state supreme court), the case could be appealed to the federal Supreme Court.
- However, if that same case were decided entirely on a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.
After the circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court. Unlike circuit court appeals, however, the Supreme Court is usually not required to hear the appeal. Parties may file a “writ of certiorari” to the court, asking it to hear the case.
- If the writ is granted, the Supreme Court will take briefs and conduct oral argument.
- If the writ is not granted, the lower court’s opinion stands.
- Certiorari is not often granted; less than 1% of appeals to the high court are actually heard by it.
- The Court typically hears cases when there are conflicting decisions across the country on a particular issue or when there is an egregious error in a case.
The members of the Court are referred to as “justices” and, like other federal judges, they are appointed by the President and confirmed by the Senate for a life term. There are nine justices on the court – eight associate justices and one chief justice.
- The Constitution sets no requirements for Supreme Court justices, though all current members of the court are lawyers and most have served as circuit court judges.
- Justices are also often former law professors.
- The chief justice acts as the administrator of the court and is chosen by the President and approved by the Congress when the position is vacant.
The Supreme Court meets in Washington, D.C. The court conducts its annual term from the first Monday of October until each summer, usually ending in late June. : Introduction To The Federal Court System
What court is the ultimate final authority in the United States court system?
The Court and Constitutional Interpretation – “The republic endures and this is the symbol of its faith.” – CHIEF JUSTICE CHARLES EVANS HUGHES Cornerstone Address – Supreme Court Building “EQUAL JUSTICE UNDER LAW”-These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States.
The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.
The Supreme Court is “distinctly American in concept and function,” as Chief Justice Charles Evans Hughes observed. Few other courts in the world have the same authority of constitutional interpretation and none have exercised it for as long or with as much influence.
A century and a half ago, the French political observer Alexis de Tocqueville noted the unique position of the Supreme Court in the history of nations and of jurisprudence. “The representative system of government has been adopted in several states of Europe,” he remarked, “but I am unaware that any nation of the globe has hitherto organized a judicial power in the same manner as the Americans.
A more imposing judicial power was never constituted by any people.” The unique position of the Supreme Court stems, in large part, from the deep commitment of the American people to the Rule of Law and to constitutional government. The United States has demonstrated an unprecedented determination to preserve and protect its written Constitution, thereby providing the American “experiment in democracy” with the oldest written Constitution still in force.
- The Constitution of the United States is a carefully balanced document.
- It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom.
To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government.
- The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court’s considered judgment, conflict with the Constitution.
- This power of “judicial review” has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a “living Constitution” whose broad provisions are continually applied to complicated new situations.
While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions.
- Moreover, many of the Founding Fathers expected the Supreme Court to assume this role in regard to the Constitution; Alexander Hamilton and James Madison, for example, had underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution.
- Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people.
And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process. If every constitutional question were to be decided by public political bargaining, Madison argued, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit.
- Despite this background the Court’s power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison.
- In this decision, the Chief Justice asserted that the Supreme Court’s responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution.
That oath could not be fulfilled any other way. “It is emphatically the province of the judicial department to say what the law is,” he declared. In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution.
- The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions.
- As Chief Justice Marshall noted in McCulloch v.
- Maryland, a constitution that attempted to detail every aspect of its own application “would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.” The Constitution limits the Court to dealing with “Cases” and “Controversies.” John Jay, the first Chief Justice, clarified this restraint early in the Court’s history by declining to advise President George Washington on the constitutional implications of a proposed foreign policy decision.
The Court does not give advisory opinions; rather, its function is limited only to deciding specific cases. The Justices must exercise considerable discretion in deciding which cases to hear, since approximately 7,000-8,000 civil and criminal cases are filed in the Supreme Court each year from the various state and federal courts.
The Supreme Court also has “original jurisdiction” in a very small number of cases arising out of disputes between States or between a State and the Federal Government. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Which court is the supreme or main federal authority in the U.S. or in other words the highest court in the country?
The Supreme Court of the United States – The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress.
There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.
Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress. The Court’s caseload is almost entirely appellate in nature, and the Court’s decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law.
- However, the Court may consider appeals from the highest state courts or from federal appellate courts.
- The Court also has original jurisdiction over limited types of cases, including those involving ambassadors and other diplomats, and in cases between states.
- Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials.
Instead, the Court’s task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.
- In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari.
- It is the Court’s custom and practice to “grant cert” if four of the nine Justices decide that they should hear the case.
- Of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150.
These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law. If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or “friends of the court.” These can include industry trade groups, academics, or even the U.S.
- Government itself.
- Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions.
- If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States.
The Justices then hold private conferences, make their decision, and (often after a period of several months) issue the Court’s opinion, along with any dissenting arguments that may have been written.
Which court is the highest in all legal matters?
Role of the Constitutional Court The Court’s position in the justice system The Constitutional Court is South Africa’s highest court on constitutional matters. So its jurisdiction – the scope of its authority to hear cases – is restricted to constitutional matters and issues connected with decisions on constitutional matters.
- Chapter 8 of the final Constitution, entitled “Courts and Administration of Justice”, sets out the structure of South Africa’s court system and defines the role of each court.
- Section 165 says the judicial authority of South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. And section 166 identifies these courts as:
- the Constitutional Court;the Supreme Court of Appeal;the High Courts;the Magistrates’ Courts; and
- any other court established or recognised by an Act of parliament.
The Constitutional Court is the highest court in the country when it comes to the interpretation, protection and enforcement of the Constitution. It deals exclusively with constitutional matters – those cases that raise questions about the application or interpretation of the Constitution.
The Supreme Court of Appeal, which used to be known as the Appellate Division, sits in Bloemfontein and is the highest court in respect of all other matters. It can hear and decide an appeal against any decision of a High Court. Decisions of the Supreme Court of Appeal are binding on all lesser courts and the decisions of the High Courts (which used to be known as the Supreme Courts) are binding on Magistrates’ Courts within their areas.
These decisions are an important source of law. A decision of a High Court in one division is not binding on another, but in practice has strong persuasive force. At the moment there are 10 High Courts: the Cape of Good Hope; Eastern Cape; Northern Cape; Free State; Kwa-Zulu Natal; Transvaal; Transkei; Ciskei; Venda and North-West.
- Section 167(3) of the Constitution says the Constitutional Court:
- is the highest court in all constitutional matters; may decide only constitutional matters and issues connected with decisions on constitutional matters; and
- makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
- Section 167(4) goes on to give the Constitutional Court exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. Only the Constitutional Court may:
- decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial Bill; decide on the constitutionality of any amendment to the Constitution; and decide that parliament or the president has failed to fulfil a constitutional obligation.
Of course, the duties that fall to the other courts are borne by the Constitutional Court too. All courts in South Africa have to apply the Constitution and the law “without fear, favour or prejudice” – section 165. And section 39(2) of the Bill of Rights makes special mention of the judiciary’s duty in interpreting and developing the law: it has to promote the spirit, purport and objects of the Bill of Rights.
- as the result of an appeal from a judgment of the High Court or the Supreme Court of Appeal;
- as a direct application to the Court, asking it to sit as a court of first and last instance because of the urgency of the matter;
- as the result of the court below declaring a piece of legislation invalid, which requires confirmation by the Constitutional Court; or
- as a Bill parliament asks the Court to review.
The Court has the discretion whether or not to hear a matter; an exception is where an Act has already been declared invalid and the Court is required to confirm the finding. Typically, cases that reach the Constitutional Court start in the High Court, which has the power to grant various remedies and can declare legislation invalid.
Any decision that invalidates provincial or parliamentary legislation or any conduct of the President must be confirmed by the Constitutional Court before it has any effect. If the High Court rules against an application, the Constitutional Court may be approached on appeal. Since the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional matter.
The Constitutional Court judges will decide if an important principle relating to the interpretation of the Constitution has been raised and will consider whether there is a reasonable prospect that the appeal may succeed. But there is no automatic right of appeal.
- If the Court decides to grant leave to appeal, or if it is unsure and wishes to hear argument on whether leave to appeal should be granted, the case is set down on a certain date so that argument from the parties can be heard.
- Each party submits written submissions before the date of argument so that the judges can familiarise themselves with the case and the position taken by each party.
Sometimes at this point other interested parties may ask to be joined in proceedings, or be admitted as an amicus curiae (friend of the court). They too will make written submissions and sometimes give oral argument if directed by the chief justice to do so.
- As for direct access, section 167 of the Constitution allows a person, “when it is in the interests of justice and with leave of the Constitutional Court”, to bring a matter directly to the Constitutional Court; or to appeal directly to the Constitutional Court from any other court.
- This procedure is ordinarily permitted only in exceptional circumstances.
The Constitutional Court deals with the matter of direct access to the court in the judgment handed down in Dudley v City of Cape Town and Another. The procedure in bringing a case is set out in the rules of the Constitutional Court. How it decides cases The Constitution requires that a matter be heard by a quorum of at least eight judges.
In ordinary practice, all 11 judges hear every case. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed. The Court does not hear evidence or question witnesses. As a court that functions largely as a court of appeal, it considers the record of the evidence heard in the original court that heard the matter.
A result of this is that the Court works largely with written arguments presented to it. The hearings are intended to tackle difficult issues raised by these arguments. Each judge sitting in a case must indicate his or her decision; the ruling is then determined by majority vote.
- The reasons are published in a written judgment.
- Once a case has been set down, the chief justice will ask a particular judge to do special preparation and possibly write the judgment.
- Usually cases will be spread out so that each judge writes from time to time.
- Once all parties have been heard, the judges meet to discuss the possible outcome of the case.
This is one of the central features of the Court: the judges act collegially and meet often to discuss important and controversial aspects of a case. A few days later, the writing judge will submit a memo to all the others, indicating where he or she stands.
If there are disagreements about the decision or the route taken in reaching it, the judge who disagrees with the main writer will prepare to write a concurrence or dissent. Writing a judgment is a long process. The judge prepares a first draft and circulates it. The judges then meet and submit comments or changes.
If a dissenting judgment has been written, the justices will begin to indicate which judgment they will follow and why. Sometimes lengthy discussions take place. Once consensus is reached, the judgments are thoroughly checked. The judgment is then handed down – released at a public sitting of the Court.
How the Court functions Hearings and hours The Court’s hearings are open to the public. The sessions are: 1 February to 31 March; 1 to 31 May; 1 August to 30 September; and 1 to 30 November. The ordinary hours of argument are: 10am to 11:15am; 11:30am to 12:45pm; and 2:15pm to 4pm. It is during these periods that the Court has public hearings.
But the bulk of the judges’ work consists of analysing documents and preparing judgments, done in the library, chambers and conference room. Each judge has two full-time researchers. The media The Constitutional Court decides matters of great importance and interest to the public, so it strives to assist the media in reporting on its work.
- The press may attend hearings and cameras in fixed positions are usually allowed in Court throughout a hearing.
- The Court prepares a media summary before argument and another for distribution after pronouncing its decision.
- The law clerks and the library The Constitutional Court is unique in that the judges have the help of two clerks each – see the law clerks page for more.
The judges also depend heavily on the library, a major repository that is on its way to becoming a resource for the whole of Africa. Deadlines for filing documents with the Constitutional Court Deadlines or time limits are imposed by the Court Rules. They vary depending on the nature and stage of the proceedings involved.
- Please note also that all time limits are expressed in court days and that Saturdays, Sundays and public holidays are excluded when counting court days.
- The main categories
- Urgent applications
In terms of rule 12, the Chief Justice may dispense with the usual requirements for applications, including deadlines. The need to do so must be motivated in the affidavit supporting the urgent application. Applications for direct access to the Court Rule 18 deals with these applications.
- Any party opposing the application must file notice of intention to oppose within 10 court days (court days running from Monday to Friday).
- After notice of intention to oppose has been received or the 10 days has expired, the Chief Justice shall issue directions concerning the matter – including setting deadlines for the filing of affidavits and written submissions, if necessary.
Applications for leave to appeal Applications for leave to appeal against the decision of any court are dealt with under rule 19. The applicable deadlines are:
- The application must be brought within 15 court days of the date of the decision against which leave to appeal is sought.
- Within 10 court days of such application, the respondent(s) must indicate in writing whether they oppose the application and, if so, on what grounds.
- A respondent wishing to cross-appeal to the Court must file such application for leave to cross-appeal within 10 days of the filing of the application for leave to appeal.
- The Court will then decide how to deal with the matter, and directions imposing further deadlines may be issued.
Confirmation proceedings In terms of rule 16, a registrar of a court making an order of constitutional invalidity must lodge a copy of that order with the registrar of this Court within 15 court days. However, any person entitled to do so may appeal against that order of invalidity within 15 court days of the making of such order.
- Similarly, a person may apply for the confirmation of an order of invalidity within 15 days of the making of the order.
- Amici curiae Unless the Chief Justice has issued directions imposing deadlines for applications to be admitted as an amicus, rule 10(5) says that such applications must be made not later than five court days after the lodging of the respondent’s written submissions.
If consent to your admission as an amicus has been received from the parties in the matter, such written consent must be lodged with the registrar within five court days of it having been obtained.
- Directions of the Court
- Once an application has been filed, the Chief Justice may issue directions in which further deadlines are imposed – for example, for the filing of written submissions and applications to be admitted as an amicus, and for the setting of dates for hearings.
- Condonation of non-compliance with deadlines
The Court has the power to condone non-compliance with the rules, including deadlines, in appropriate cases. Parties who fail to comply with deadlines must file an application for condonation, or include a prayer for condonation in their main application, in which the reason for failure to comply with the rules must be provided. : Role of the Constitutional Court
What is the most common type of jurisdiction?
The 5 Types of Jurisdiction That May Apply to Your Criminal Case Many people think they know what a jurisdiction in but in fact there are a number of jurisdiction types. Keep reading to learn about five of the main types of jurisdiction. Then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with a,
Subject-Matter Jurisdiction Subject-matter jurisdiction involves the legal right to hear and decide various types of cases. For example, a judge wouldn’t hear a criminal case in a civil court. Only a judge in an appellate court would, There are statutes and constitutional provisions that determine subject-matter jurisdiction. Territorial Jurisdiction This is the type of jurisdiction that many people think of when the think of jurisdiction. It involves the geographic boundaries a court can act over. For example, if a crime happens outside of the city of Los Angeles, then a municipal court would not have jurisdiction. Another example is the fact that the state of California does not have jurisdiction over crimes committed in other states. Personal Jurisdiction This involves whether or not a court has jurisdiction over a specific defendant. For example, if a juvenile is arrested of a crime they will likely be under the jurisdiction of the juvenile court. Another example is an active duty military member, who may be under the jurisdiction of a military court. General and Limited Jurisdiction A court that has limited jurisdiction can only handle certain cases. A court with general jurisdiction can hear almost any case. It is most commonly the case that a court of limited jurisdiction can handle only misdemeanors and other minor crimes. On the other hand, a court that handles felonies will be a court of general jurisdiction. This means that if a person is charged with both felony and misdemeanor counts, the felony court can hear both cases – but not vice versa. Exclusive / Concurrent Jurisdiction In some cases, there is only one court that can hear and decide a case. This is known as an exclusive jurisdiction. Some cases could be heard in one of several different courts. This is known as concurrent jurisdiction. It is up to the prosecutor to decide under which jurisdiction to try a case, though the defense can file an appeal to move jurisdiction.
What is the difference between the federal court and the California court system?
California State Court System – As federal courts deal with cases involving federal laws, the California State Court system handles cases involving state laws and local municipal and county codes. Here’s a breakdown of how cases are viewed in California courts:
California State Courts are less formal than federal courts. For example, you may see several attorneys talking amongst themselves and to prosecutors while court is in session. State courthouses are generally not as aesthetically pleasing as federal courthouses, which often makes defendants feel more comfortable. State cases are investigated mostly by local and county agencies such as local city police departments, and local county sheriff departments. These cases are prosecuted by deputy district attorneys and deputy city prosecutors. The California State Court system does not have a sentencing guideline structure to follow when imposing sentence.
State courts are less intimidating to defendants, but even if your case is being heard in a state court, you could face serious consequences.
Which court system conducts most of the criminal trials?
The state courts try defendants charged with state crimes and the federal sys- tem deals with those charged with federal crimes. Far more criminal trials take place in state courts, because states have traditionally handled most criminal offenses.