Essay on "Federal Courts"

Essay 3 pages (988 words) Sources: 1

[EXCERPT] . . . .

In addition, these trial level courts, which are referred to as superior courts, have appellate jurisdiction over in misdemeanor criminal cases and civil cases where $25,000 or less is at issue.

The next level of the California state court system is the appellate level. There are 6 appellate districts, with 19 divisions, and 105 justices. These Courts of Appeals consist of panels of three justices, and hear all appeals except for death penalty appeals. The appellate level hears appeals from the various California trial-level courts. It is important to keep in mind that the California Courts of Appeals are not fact-finding courts; instead, they are looking to see if they can find legal errors in the trial court's decisions.

The final level of the California state court system is the Supreme Court. The Supreme Court is the court of highest jurisdiction in California. It hears direct death penalty appeals, and appeals of disciplinary cases for judges and attorneys, directly from the trial level as well as appeals from the appellate courts. There are seven justices on the California Supreme Court. Four judges must agree on a decision for the Supreme Court to render a decision.

Determining which court system, federal or state, has jurisdiction over a dispute at the trial level involves an examination of subject matter, location of the parties, and the amount in controversy. Generally, state courts will handle: family law cases including divorces, child custody, and adoption; probate issues; real estate issues; real estate issues; most tort cases; and most criminal cases. Federal courts generally handle: cases where there is a federal constitutional question, cases involving the laws and treaties of the United States, disputes between the states, bankruptcy cases, admiralty cases, criminal cases involving members of the U.S. military, and criminal cases that either occurred on federal property, violates federal laws, or crosses state lines.

To trigger federal jurisdiction the party and the dispute both have to meet certain qualifications. These qualifications are similar in the state court systems. First, there has to be an actual controversy; the federal courts cannot issue advisory opinions about hypothetical scenarios. Next, the plaintiff must have standing to bring the suit; in other words, the plaintiff needs to have suffered a harm. Third, the court must have the ability to grant relief; this means that the case must be ripe and not moot. Ripeness refers to the idea that, at the time the lawsuit is brought, an injury has either occurred or is likely to occur, rather than the harm being hypothetical. Mootness refers to the idea that a remedy can help the parties. Sometimes, cases will be reviewed if they are moot. For example, if a dispute is capable of reputation but evades review, the court may still hear the dispute.

References

United States Courts. (2012). Federal Courts in the American Government. Retrieved November 20, 2012 from USCourts.gov website: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsInAmericanGovernment.aspx READ MORE

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