The U.S. Court Systems

Gabriella Robinson
February 21, 2012

U.S. Court System 1 Throughout this paper, I will explain the organization and functions of the federal courts, describe the jurisdiction of the federal courts as well as what filing needs to be done within the court system. I will also be naming several different court levels as well as listing similarities and differences throughout each courtroom. Within the federal court system there are 3 organized divisions. First, there is the Supreme Court which is said to be the “highest court in the land”. Second, the U.S. Court of Appeals and last but not least, the U.S. District Courts. The federal courts hear cases that involve the laws that concern the Constitution, the laws and/or treaties of the U.S., Ambassadors and Public Ministers, disputes between two or more states and bankruptcy cases. The federal courts only exercise judicial powers, meaning the “courts decide controversies by issuing decisions in each case and the rationale for that decision”. Another exception to the rule is diversity of citizenship, which means that in such a case the Diversity of citizenship occurs if the lawsuit involves (a) citizens of different states, (b) a citizen of a state and a citizen or subject of a foreign country, and (c) a citizen of a state and a foreign country is the plaintiff. A corporation is considered to be a citizen of the state in which it is incorporated and in which it has its principal place of business. The reason for providing diversity of citizenship jurisdiction was to prevent state court bias against nonresidents. The federal court must apply the appropriate state’s law in deciding the case. The dollar amount of the controversy must exceed $75,000 to be brought in federal court. If this requirement is not met, the action must be brought in the appropriate state court. U.S. Court System 2
When a person files with the federal court, the following needs to be taken into consideration: a) How much the case will cost for filing b) Where the infraction took place and c) What fees and costs will be looked upon into deciding to take the case to federal court or not.
There are three branches within the federal court system. They are Legislative, Executive and Judicial. The Legislative branch is “one of the three co-branches of government represented by Congress (the House of Representatives and Senate)”. The Executive Branch is “one of the three co-equal branches of government represented by the President and the administrative agencies”. The Judicial branch is “one of the three co-equal branches of government represented by the court system”. Although they are all specifically different, the checks and balances system evens out all the branches in the end. They all play into “getting along” so to speak.
Along with the three branches, there are also three tiers to the federal court system. The trial tier reviews the trial court record to determine any errors at trial that would require reversal or modification of the trial court’s decision. The Appellate tier reviews either pertinent parts or the entire trial court record from the lower court. No new evidence or testimony is permitted. The parties usually file legal briefs with the appellate court, stating the law and facts that support their positions. Appellate courts usually grant a short oral hearing to the parties. Last but not least, the Supreme Court, which if the state has reached its limit into the court system and has nowhere else to go, it turns to the Supreme Court. The function of a state Supreme Court is to hear appeals from intermediate state courts and certain trial courts. The highest court hears no new evidence or testimony. The parties usually submit pertinent parts of or the entire lower court record for review. The parties also submit legal briefs to the court and typically are granted a
U.S. Court System 3 brief oral hearing. Decisions of state supreme courts are final, unless a question of law is involved that is appealable to the U.S. Supreme Court. The state of North Carolina functions the same as the federal courts. The Court of Appeals is North Carolina’s intermediate appellate court. There are fifteen judges in panels of three. The Court of Appeals reviews the trial courts records for errors of laws and it decides only the questions of law, not the questions of fact. The judges serve eight year terms and elected in a non-partisan election. The Trial Courts can be divided into four categories such as civil, criminal, and juvenile and magistrate. Most of us are familiar with all four and yet they are still just as confusing as the rest of the laws we serve under. Civil court usually deals with custody battles, divorce cases and child support as well as criminal cases involving misdemeanors and infractions.

References 1. http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsInAmericanGovernment.aspx 2. http://www.uscourts.gov/uscourts/FederalCourts/Publications/English.pdf 3. Paralegal Professional, The 3rd edition; by Thomas F.Goldman,Henry R. Cheeseman. Published by Prentice Hall, Copyright 2011. Pub.Date Jan 4,2010;Chapter 6 4. http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx

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