1. Chapter 6
The Court System
Chapter Outline
I. Foundation and Structure of the Judicial System
Dual Court System
Civil Versus Criminal Law
II. The Federal Court System
Overview of the Federal Court System
United States Courts of Appeals
The United States Supreme Court
III. Characteristics of the State Court System
Courts of Limited Jurisdiction
Courts of General Jurisdiction
Appellate Courts
Courts of Last Resort
Learning Objectives
After completion of this chapter, students should be able to:
1. Describe the historical foundations of our nation’s court system.
2. Explain what is meant by the term ‘dual structure’ court system.
3. Explain the differences between criminal and civil law.
4. Describe the role and responsibilities of each level within the federal court system.

2. 5. Describe how state level courts are generally organized.
Key Terms
Appellate courts (p. 102) state courts that have the authority to review the proceedings and
verdicts of general trial courts for judicial errors and other significant issues
Article 3, Section 2 (p. 94) the part of the U.S. Constitution that defines the jurisdiction of the
federal courts
Brief (p. 100) a written statement submitted by an appellant’s attorneys that states the substantial
constitutional or federal issue that they believe the court should address
Certiorari power (p. 100) the authority of the Supreme Court, based on agreement by four of its
members that a case might raise significant constitutional or federal issues, to select a case for
review
Circuit court (p. 98) the geographical jurisdiction of a federal appeals court
Civil law (p. 95) also called private law, the body of law concerned with the definition,
regulation, and enforcement of rights in noncriminal cases in which both the person who has the
right and the person who has the obligation are private individuals between a suspect and a crime
Court of last resort (p. 102) a state court of final appeals that reviews lower court decisions and
whose decisions can be appealed to the U.S. Supreme Court
Courts of limited jurisdiction (p. 102) state courts of original jurisdiction that are not courts of
record (e.g., traffic courts, municipal courts, or county courts)
Courts of record (p. 102) courts in which trial proceedings are transcribed
Dual court system (p. 94) the political division of jurisdiction into two separate systems of
courts: federal and state; in this system, federal courts have limited jurisdiction over state courts
Eleventh Amendment (p. 94) a provision that prohibits a citizen from one state from suing the
government of another state in federal court
General trial courts (p. 102) state courts of original jurisdiction that hear all kinds of criminal
cases
Judicial review (p. 96) the power of the U.S. Supreme Court to review legislation for the
purpose of deciding the constitutionality of the law
Jurisprudence (p. 94) a philosophy or body of written law used to settle disputes

3. Landmark cases (p. 99) U.S. Supreme Court cases that mark significant changes in the
interpretation of the Constitution
Original jurisdiction (p. 97) the concept that juvenile court is the only court that has authority
over juveniles, so they cannot be tried, for any offense, by a criminal court unless the juvenile
court grants its permission for the accused juvenile to be waived to criminal court
Per curiam opinion (p. 101) a case that is disposed of by the U.S. Supreme Court without a full
written opinion
Plaintiff (p. 95) the party who files a civil lawsuit against the party who is alleged to have done
harm (the defendant)
Remanded (p. 101) after the U.S. Supreme Court’s reversal of a decision of a lower court, the
return of the case to the court of original jurisdiction with instructions to correct the judicial error
Tenth Amendment (p. 94) a provision that powers not specifically delegated to the federal
government are reserved for the states
Tort (p. 95) a private wrong that causes physical harm to another
U.S. courts of appeals (p. 96) the third tier of the federal court system where decisions of lower
courts can be appealed for review for significant judicial error that may have affected the verdict
U.S. district courts (p. 96) trial courts of the federal system
U.S. magistrate courts (p. 96) federal lower courts with powers limited to trying lesser
misdemeanors, setting bail, and assisting district courts in various legal matters
U.S. Supreme Court (p. 99) the highest court in the U.S. judiciary system, whose rulings on the
constitutionality of laws, due process rights, and rules of evidence are binding on all federal and
state courts
Chapter Summary
The United States is considered a dual court system, consisting of a federal court system and
a parallel state court system in each state. In the judicial hierarchy, U.S. Supreme Court has
certiorari power over all other state and federal courts. Aside from criminal cases, courts also
hear civil cases. The most significant difference here is that the burden of proof in a civil case is
based on a preponderance of the evidence, whereas the criminal trial requires proof beyond a
reasonable doubt. The greater amount of court time is taken up by civil cases.
The federal court system is a four-tier, magistrate courts, district courts, courts of appeals,
and the Supreme Court. The federal courts are divided into thirteen geographical circuits. Cases
are initially tried in magistrate court for misdemeanors, and felony trials of original jurisdiction

4. take place in the U.S. District courts. The U.S. Court of Appeals review cases for judicial error.
Cases cannot be appealed on the basis of a claim of innocence, but rather upon judicial error.
The U.S. Supreme Court is the highest court in the American judicial system. This body can
issue landmark decisions that mark significant changes to the interpretation of the U.S.
Constitution. Under the Tenth Amendment, each state has the right to organize its own judicial
system. Most states have a four-tier organizational structures that mirrors the federal judiciary.
Media to Explore
Go to www.courttv.com for information on current and famous trials, both criminal and civil.
See www.uscourts.gov for a wealth of information on the various U.S. federal courts, as well as
useful links and employment opportunities.
For information on the U.S. Supreme Court see www.supremecourtus.gov.
See www.ojp.usdoj.gov/bjs/abstract/sco98.htm to access a document that describes each of the
state court systems. The document is a 1998 publication but provides a good overview of the
various state court systems in a single source.
Go to www.findlaw.com to look up landmark U.S. Supreme Court cases.