1
   

Criminal Justice

 
 
Reply Wed 22 Oct, 2008 10:19 pm
What is the orginizational structure of the US courts at the local, state, and federal levals?
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 1 • Views: 619 • Replies: 4
No top replies

 
jespah
 
  1  
Reply Thu 23 Oct, 2008 04:25 am
@Loree M Sargent,
Different states have differing court structures, but usually it goes from some sort of civil or family court (often with a jurisdictional or case-type limit), then up to a regular trial court, then an appellate court and then a supreme court. That's at the state level but that's generally how it goes: three or four levels. If you want specifics for a certain state, please specify the state.

Federal is District Court, which is found in one state. Every state (and DC, plus the US's possessions) has a District Court. Appeal from that and you get to Circuit Court. Not every state has a Circuit Court. There are eleven of those. Then above that is the US Supreme Court which is the highest court of the land.

But not every case can conceivably get to the US Supreme Court as not every case is one where the court has or will take jurisdiction (e. g. if it's not a question of federal law, scream all you want but you won't be getting to the US Supreme Court). And for cases where there is jurisdiction, the US Supreme Court still has to grant certiorari. What that means is that the US Supreme Court can decide whether it wants to review a particular case. This discretion is allowed because not every question that could conceivably hit the US Supreme Court is worthy of consideration. Plus, let's face it, they are 9 older folk and time is at a premium. They are not going to hear a case of an interstate auto accident unless that presents some sort of novel or questioned or conflicting or confusing constitutional matter.
Merry Andrew
 
  1  
Reply Thu 23 Oct, 2008 07:03 am
@jespah,
You say, "if it's not a question of federal law, scream all you want but you won't be getting to the US Supreme Court." But, in fact, doesn't the US Supreme Court sometimes hear cases which challenge the constitutionality of a state law or even routine practices of state and local officials? In the latter case, I'm thinking of the Miranda law which started out as a cut-and-dried felony case in the criminal courts of Arizona (I believe) and became a national issue on appeal. A felon convicted in a state court under what he/she considers to be an unfair statute, or an unfair local practice, may have recourse to a hearing before the SCOTUS, not so?
jespah
 
  1  
Reply Thu 23 Oct, 2008 10:48 am
@Merry Andrew,
Merry Andrew wrote:
doesn't the US Supreme Court sometimes hear cases which challenge the constitutionality of a state law or even routine practices of state and local officials?


The constitutionality question makes it a Federal question by definition. As for the practices of officials, it would have to be shoehorned into something Federal in nature, such as a question of rights violations or interstate commerce or the like. But if it's about how much a state legislator is paid, that's going to be a state law question. Miranda was a constitutional case, having to do with the 5th Amendment.
0 Replies
 
TTH
 
  1  
Reply Thu 23 Oct, 2008 11:31 am
I found this:
http://wlwatch.westlaw.com/aca/west/uscourt.htm
....and then you can click on the State Court Organization Chart, which is at the top right hand corner, and pick a state.

....then if you want to read about the Federal, State and Local Courts:
http://usinfo.state.gov/infousa/government/branches/fine.html

0 Replies
 
 

Related Topics

 
  1. Forums
  2. » Criminal Justice
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.04 seconds on 05/18/2024 at 10:36:27