Name __________________________

Double Take: Dual Court System

When we have a legal problem—either a serious dispute with
another person or company, or involvement in a possible
crime—we have two options for justice: the federal (or
national) court system and the state court system. We call
this the dual court system since there are two sets of courts.
Both the federal and state court systems are in place to
promote justice by fairly resolving disputes or determining
whether a crime has been committed and exactly what the
punishment should be.
BOGO on Two?
The federal court system was
Not exactly. When the Framers sat
established by the U.S. Constitution.
down in 1787 to create our federal
government, there were already
governments in place in all thirteen of the states. Those states had pretty much
been running their own individual governments, including their own courts,
since they had been colonies under British rule. The Framers didn’t want the
new national government to replace state governments. What they wanted was
protection against tyranny, so they envisioned a federal system, with national
and state governments existing side-by-side sharing power. We call this
federalism. So when Article III of the Constitution created the federal judicial
branch, it didn’t abolish state courts. It left them (and state governments) in Each state also
maintains a state court
place and created an additional national system of courts instead. Typically, if
system.
you have a case, it will enter and stay in only one of these court systems.
Federal Court: Level 1
The only federal court Article III actually created was the U.S. Supreme Court. But the Constitution gave
Congress the ability to create lower courts, which it did right away. Congress set up a three-tiered system.
Think of it like a wedding cake—mmmm, tasty!
Most cases start in the courts that make up the first tier. (That’s the large bottom level of the cake). The
courts in this tier are called trial courts, and in the federal system they’re known as district courts. This
is where a case involving a federal law or dispute comes the first time it is heard. During a trial in a federal
district court, both sides get to present evidence and call witnesses to testify on their behalf. Either a judge
or a jury issues a decision, called a verdict. The verdict is based on the lawyers’ arguments, the evidence,
and, most importantly, how the law applies in the case. There are 94 U.S. District Courts. Each state has at
least one and so do the District of Columbia and the territories of Puerto Rico, the Virgin Islands, Guam,
and the Northern Mariana Islands.

I guess I’ll start

here and work my The first level of the federal
way up. court system is made up of
trial courts called
district courts.

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Double Take: Dual Court System

Level Up… Access Granted?
Most cases end in the first tier. But if one of the parties
disagrees with the verdict because either there was an error
during the trial or an error in the law, that person can ask
for an appeal. This is a request to a higher court to ask it to
review the decision. If the appeal is granted, the case moves
up to the second tier. (The slightly smaller middle level of the
cake). Courts in this second tier are called courts of appeals
(or appellate courts). There are no juries present in these
courts nor can lawyers present new evidence for their clients.
So what happens in a U.S. Appellate Court? Three judges
An unfair trial in the district court,
unconstitutional law, or verdict based review what happened during the trial and the law that was
on the wrong law are all valid reasons applied, and then decide if the lower court made a mistake
to appeal to an appellate court. or conducted an unfair trial. The U.S. has only 13 appellate
courts. Each court is assigned a circuit, which (except for the
U.S. Court of Appeals for the Federal Circuit) usually covers a
few states. Since most cases are not appealed, these courts handle the appeals that come to them from the
federal district courts located in the states in their assigned circuit.

Final Tier
The federal court system has one more level. (This is the small top
layer of the cake.) There’s only one court here. The U.S. Supreme
Court is the highest court in the country. It’s also a court of appeal,
which means that it reviews decisions from the lower courts. Very
few cases are accepted to be heard by the U.S. Supreme Court. Of
the 7,000–8,000 requests for appeals that make it here, only about
80 of those are granted a full review. These are cases with national
significance and usually bring into question whether a law or
government action goes against the Constitution. During a Supreme
Court case, nine judges called justices listen to oral arguments from
each side and deliver a decision, called an opinion. Once a case
makes it to the Supreme Court, it can’t be appealed any further. And
the Court’s decision applies to all states.
The Supreme Court completes the
final layer. Only a small number of
What Cases Can Federal Courts Hear?
cases make it to this court.
The authority of a court to hear a case is also referred to as its
jurisdiction. The jurisdiction of federal courts is limited to the types
of cases listed in Article III, Section 2 of the Constitution and further defined by the laws Congress passes.
There are a few things that the federal court system has exclusive jurisdiction over, meaning that cases
involving these subjects can only be heard in a federal court of law. This type of jurisdiction is referred to as
exclusive subject matter jurisdiction and includes cases involving the military, immigration, bankruptcy,
copyright, and admiralty (a fancy term for cases related to ships and the sea). The federal court system also
has federal question jurisdiction which, of course, gives it the authority to hear cases involving a federal
law or the Constitution. When a case involves two parties from different states and a large sum of money
($75K or more), a federal court can hear that case, too—even if it doesn’t involve a federal issue. This is
called diversity jurisdiction. Giving the federal court (instead of the parties’ state courts) the authority to
hear these cases ensures that both parties get a fair trial.

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Double Take: Dual Court System

The Lowdown on the State Court System
Every state has its own court system, established by its constitution and laws. In general, most state court
systems mirror the structure of the federal system: a three-tiered organizational structure consisting of:

1. Trial courts to initially hear cases, establish the facts, and apply the law

2. Appellate courts to determine if the trial court applied the law to the facts correctly

3. A state supreme court to be the final say on claims of appeal

But because states have the authority to create their own court systems, not every state has all three

{
levels. And even a state that has all three levels may still have a more elaborate system of organization for
which court residents should go to and what kinds of cases each court can hear. You can check the official
government site for your state’s court system to see exactly how its tiers are organized and which courts
handle which kinds of cases.

}
U.S.
Supreme
Federal Court State
Court Court
System System
State
Supreme
Courts
U.S. Courts
of Appeals
State
Appellate
Court

U.S. District Courts State Trial Courts

Our court systems can also be visualized as a triangle with trial courts on the bottom and supreme courts on top.
The U.S. Supreme Court oversees both systems.

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Double Take: Dual Court System

State Courts Are Busy!
State Courts Have Jurisdiction
Over Cases Involving: State courts have jurisdiction, or authority, to hear any case not
exclusively given to the federal courts. In general, most criminal
• State law and its constitution cases involve state criminal laws and therefore take place in state
• Most criminal cases court. Civil cases, such as cases involving family law (think divorces
• Traffic violations and adoptions), personal injuries, broken contracts, and wills are
• Inheritance (i.e. wills and also more likely to be heard in a state court. Looking at the statistics
estates) in 2017, for example, nearly 360,000 cases were filed in federal
• Family law (i.e. divorce, child district courts while over 80,000,000 cases were filed in state district
custody, and adoption) courts!
• Landlord–tenant disputes When it comes to interpreting state laws and constitutions, state
• Personal injuries courts have the final say. But a state court’s interpretation of a
• Broken contracts federal law or the U.S. Constitution may be appealed to the U.S.
Supreme Court. For example, if a person on trial in a state court for
murder claims that the police obtained evidence without a warrant
and in violation of the Fourth Amendment, the state court’s decision
on that constitutional issue could be appealed to the Supreme Court. But the Supreme Court may or may
not hear that appeal since it generally agrees to hear only cases that have national significance, or which
will resolve inconsistent lower court rulings.

The Fourth Amendment regulates And because it’s a national could be appealed to the U.S.
how police perform a search. amendment, a state case... Supreme Court.

How the Two Court Systems Interact and Overlap

Remember, cases involving a federal law or the U.S. Constitution, and those between parties from different
states and those involving more than $75,000 may be heard in a federal court. All other cases (and, by
far, most cases) are heard in state courts. But it’s more complicated than that. In addition to the state
court decisions that involve federal laws or constitutional rights and therefore can be appealed to the U.S.
Supreme Court, there are cases which could be tried in either court system. Whaaattt? Yes!
When more than one court has the authority to hear a case, it’s called concurrent jurisdiction. Concurrent
is a word that means existing at the same time. In cases involving concurrent jurisdiction, the party
may choose which court system—federal or state—is best to hear the case. For example, preventing
employment discrimination has been an important concern for federal and state governments. Similar
federal and state laws exist that prevent an employer from treating an employee unfairly based on his or
her race, gender, age, ethnicity, religion, or sexual orientation. Massachusetts, like many states, has a law
prohibiting employment discrimination. If a worker in Massachusetts felt that her employer was paying
her less solely on the basis of her gender, she could choose to bring her case to either the state court of
Massachusetts or the Federal District Court for the District of Massachusetts. Her lawyer would help her
decide which court would be best, taking into consideration factors such as how soon the case might be
heard and what result might be likely in each court.

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Double Take: Dual Court System

A. Federal, State, or Concurrent Jurisdiction? These clients need your help! Determine whether the client
has a federal case, state case, or if the case might fall into concurrent jurisdiction and could be filed in
either federal or state court. Mark (F) for federal, (S) for state, and (C) for concurrent jurisdiction. Underline
the evidence the supports your answer.

S
____ 1. David Greene and his wife Laura wanted to renovate their kitchen, so they signed a contract with
Shoddy & Sons, a local builder, and gave the company a $10,000 deposit. Shoddy & Sons failed to do
any work on the project and won’t respond to Mr. Greene’s phone calls, and the Greenes want their
money back.

F
____ 2. Susan Hammond looks desperate as she bursts in your office. She tells you her husband, Tom, was
making fake $100 bills in their spare bedroom. She used a few of the bills to purchase a $350 CatMagic
self-flushing litter box. She was arrested late last night by the F.B.I. and charged with the crime of
knowingly using counterfeit bills. She needs you to represent her in her criminal case.

C 3. Debbie and Jim Lomach were driving from their home in Chicago to Dallas for a family reunion in
____
their brand new Airstream motorhome when a truck full of oranges from the Florida Floranges Company
plowed into their Airstream, causing over $100,000 of damages to the motorhome. Although no one was
injured physically in the crash, the Lomaches have come to you asking what they should do about the
extensive damage to their Airstream (not to mention the lingering citrus smell).

F
____ 4. April Snow, a rising star in the pop music world, stomps into your office because a new artist, Hybiscus
Slant, has come out with a song entitled “You’re My One and Only Glove,” which sounds exactly like
April’s hit from last year, “You’re My One and Only Love.” She knows there are national copyright laws
that protect songwriters against people copying their melodies and words, and she’s looking for your help.

S
____ 5. Ted Abel walks into your office and tells you his sad story. He had been trying to get to the local
baseball field to catch the last innings of his son’s big game when he was pulled over for speeding. He was
traveling 62 mph in a 45-mile-an-hour zone. He also forgot to renew his license after his last birthday, so
he was driving with an expired license.

B. Mirror, Mirror. If the state and federal court systems are mirrors of one another, use images
and words to show what this analogy means in the space below.

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Double Take: Dual Court System

C. Who’s Who? See if you can match the party involved in a case to the correct definition. Read the
sentence following the term if you need a hint. Then circle the terms that would be used in trial court and
box those used in appellate court.

C Plaintiff
1. ____ A. The person who is being sued or accused
Plaintiff Blair Bayer filed a lawsuit against Skylar of a crime
Cellar for breach of contract.
A Defendant B. The losing party who asks a higher court
2. ____
to review their case and the decision
Defendant Skylar Cellar alleges he did everything by
made by the lower court
the book and shouldn’t have to deal with the suit.
3. ____
b Petitioner C. In a civil case, this is the person who sues
Unhappy with the trial court’s decision, petitioner another
Hector Diaz has appealed to a higher court.
e Respondent
4. ____ D. In a criminal case, this is the government
As the respondent, Jennifer Garcia is upset that a case attorney who argues that a person
she has already won is going back to a court of law. accused of a crime is guilty

5. ____
D Prosecution
The prosecution aims to prove that the defendant is E. The party against whom a petition for
guilty of credit card theft as prohibited by Maryland appeal is filed
state law.

D. The Original OJ. Read and answer the questions about original jurisdiction that follow.

1. Original jurisdiction is the authority of a court to hear and decide a case before any other court does.
Which courts in the federal and state court systems have original jurisdiction? (Hint: Use the reading to
help you.)

Federal district courts have original jurisdiction in most federal cases, and state trial courts handle a wide range of state
_______________________________________________________________________________________________________
cases.
2. While the U.S. Supreme Court mostly reviews cases and decisions appealed from lower courts, it does
have original jurisdiction in very specific types of cases. Read the excerpt from the Constitution and
underline which cases these are.

Article III, Section 2

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall
be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned,
the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and
under such regulations as the Congress shall make.

3. Why do you think the Founders specified that cases in which a state shall be a party go right to the
Supreme Court?

This provision ensures that state disputes are resolved impartially and at the highest judicial level, maintaining the
_______________________________________________________________________________________________________
balance of power between states and the federal government.
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Double Take: Dual Court System
E. Federal Judges Needed. Take a look at what the Constitution has to say about appointing
federal judges. Then use the questions to help you understand each excerpt.
Constitution
Article II, Section 2
... and [the President] shall
nominate, and by and with
the Advice and Consent of
the Senate, shall appoint
Ambassadors, other public
Ministers and Consuls, Judges of
APPOINTMENT
the supreme Court, and all other
Officers of the United States,
whose Appointments are not
herein otherwise provided for,
and which shall be established
by Law...
Article III, Section 1
The Judges, both of the supreme
and inferior Courts, shall hold
their Offices during good
Behaviour...
TERM
Article III, Section 1
... [Judges] shall, at stated
Times, receive for their Services,
COMPENSATION a Compensation, which shall
not be diminished during their
Continuance in Office.
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Name __________________________
Questions
1. How are federal judges are selected?
Presidential nomination
Senate advice and consent
Presidential appointment
2. What does “by and with the advice and
consent of the Senate” mean the Senate
must do?
Review presidential nominations.
Hold confirmation hearings.
Vote to confirm or reject nominees.
Provide its consent for appointments.
3. The Constitution says that federal
judges “shall hold their offices during good
behavior”. So what’s the longest period of
time or term they could serve?
Federal judges can serve for life.
They must maintain "good behavior."
4. What would cause a judge to lose his or
her position?
Removal through impeachment is
possible.
Impeachment is for serious misconduct.
5. This section talks about how a judge will
be paid. What can’t happen to their salary?
a federal judge's salary cannot be reduced during
their time in office. This is to ensure their
independence and protect them from political
pressures.
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Double Take: Dual Court System

F. Judicial Independence. First read about judicial independence and impartiality, then answer the
questions based on what you learned from reading excerpts from the U.S. Constitution in Activity E.

A benefit of the appointment, term, and compensation process for federal judges is that it’s said
to protect the impartiality of judges. This is their ability to hear a case without allowing politics or
another branch of government sway how they will interpret the Constitution or the law. Decreasing the
possibility of any conflicts of interest between the judicial branch and the other two branches helps the
judicial branch remain independent.

1. Because judges are appointed, they don’t have to run for election or reelection like other politicians. How
does freedom from campaigning help federal judges maintain their independence?

Freedom from campaigning lets judges make impartial decisions without political influence, preserving their
_________________________________________________________________________________________________________________
independence and the integrity of the judiciary.
_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

2. Not every ruling from the bench is a popular one. Which part of the Constitution ensures that judges
don’t worry about what might happen if they deliver a fair but unpopular ruling?

The Constitution's guarantee of federal judges' lifetime appointments, coupled with the prohibition on salary
_________________________________________________________________________________________________________________
reductions, ensures that judges don't have to worry about the consequences of delivering a fair but unpopular ruling.
_________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________

3. The president isn’t the only person involved in appointing a federal judge. How does a process that puts
a check on this power make it more likely that a judge, once appointed, will rule impartially?

The Senate's role in confirming federal judge appointments serves as a check on presidential power, increasing the
_________________________________________________________________________________________________________________
likelihood that appointed judges will rule impartially by ensuring a broader consensus on their qualifications and
_________________________________________________________________________________________________________________
suitability. This bipartisan confirmation process helps maintain judicial independence.

_________________________________________________________________________________________________________________

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Double Take: Dual Court System

G. State Selection. Read about the different ways in which states select their judges. Then use
the second chart to think through and list the pros and cons of each method.

Method Description

States may hold elections in which candidates are listed on a ballot and elected by
Judicial
the people to serve as a judge. Depending on the state, candidates may or may
Elections
not be required to list their political party affiliation. Generally candidates in states
(JE)
with judicial elections campaign for resident’s votes.

Legislative State legislatures select judges. Candidates come from a pool of nominees who are
Elections first approved by the state’s nominating or evaluation committee. Only two states
(LE) utilize legislative election.

Gubernatorial Much like the federal system, the state governor is given power to appoint judges.
Appointment Also like the federal system, in some states legislative approval of the governor’s
(GA) pick is also required.

State governors appoint judges with the help of a nominating commission

Assisted
that first reviews potential candidates’ merit or qualifications for the job. The
Appointment
commission then makes a list of possible candidates for the governor to choose
or Merit
from. Later after the judge has served an initial term, he or she must win a
Selection
retention election—a vote from the people to determine if the judge remains in his
(AA)
or her position.

This is great! Um, I’m not so sure...

Statement
(List pros of this method) (List cons of this method)
1. Knowing a judge’s party
affiliation gives insight into his
or her values.

2. Elections make sure judges

stay on their toes, especially
where issues important to the
people are concerned.
3. A state legislature is better
an one governor appointing
judges.

4. If the state process mirrors

the federal process, then its
foolproof.

5. The governor can appoint

the judge, but the people
should have a say too.

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