11. Here is California’s “ladder” of courts
11
California Supreme Court
California Courts of Appeal
California Superior Courts
12. Here is California’s “ladder” of courts
12
California Supreme Court
California Courts of Appeal
California Superior Courts
13. 2 levels of California State Courts?!
California Supreme Court
California Courts of Appeal
California Superior Courts = “Trial Courts”
13
14. 2 levels of California State Courts?!
California Supreme Court
California Courts of Appeal
California Superior Courts = “Trial Courts”
14
}= Appellate Courts
26. California Superior Courts decide
If a person accused of a crime is guilty or not guilty.
If a tort has been committed and what remedy should
be imposed.
26
32. California Courts of Appeal
• Do not decide “guilt” or “fault”
• Do not listen to witnesses
• Do not have a jury
• Do not attempt to “find out the facts”
32
33. California Courts of Appeal
• Decide if legal errors were made in the
Superior court
– Was the law applied fairly?
– Is the law just?
33
34. How California Courts of Appeal decide:
• Review the court files and transcripts of the
Superior court
• Listen to oral arguments from the lawyers and
ask the lawyers questions
34
35. California Courts of Appeal
Here’s an example of a case that the California
Courts of Appeal heard…
35
36. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
36
37. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid.
37
38. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
38
39. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
39
She argued that the law was not fair.
40. Eugina Bright v. 99¢ Store
In 2010, Ms. Bright, an employee of the 99¢ Store,
sued the store because they did not provide her a
chair to sit on.
The CA Superior court dismissed her claim saying that,
under the Industrial Welfare Commission Wage
Order law, she could not sue for money unless she
was underpaid. Ms. Bright appealed the case.
The CA Court of Appeals said that a violation of the
Industrial Welfare Commission Wage Order law is
also a violation of the Labor Code. Ms. Bright could
sue for money for a violation of the Labor Code.
40
41. You be the judge…
41
Industrial Welfare Commission Wage Order:
“all working employees shall be provided with suitable seats
when the nature of the work reasonably permits the use of
seats.”
Labor Code:
“The maximum hours of work and the standard conditions of labor fixed
by the Industrial Welfare Commission shall be the maximum hours of
work and the standard conditions of labor for employees. The
employment of any employee for longer hours than those fixed by the
order or under conditions of labor prohibited by the order is unlawful.”
Is “no chair” a violation of the Labor Code?
43. California has
6Courts of Appeal
Districts
Headquarters:
First District: San Francisco
Second District: Los Angeles
Third District: Sacramento
Fourth District: San Diego
Fifth District: Fresno
Sixth District: San Jose
43
55. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
55
56. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
56
57. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
57
58. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
– Serve a 12-year term
58
59. California Supreme Court
7 justices
– Must be lawyers
– Must have served as a judge for at least 10 years
– Are appointed by the Governor
– Approved by the people in an election
– Serve a 12-year term
– Can be re-elected
59
60. California Supreme Court
• Does not decide “guilt” or “fault”
• Does not listen to witnesses
• Does not have a jury
• Dose not attempt to “find out the facts”
60
62. California Supreme Court
• Reviews all death penalty cases
• Reviews disciplinary cases against judges and
lawyers
62
63. California Supreme Court
• Reviews all death penalty cases
• Reviews disciplinary cases against judges and
lawyers
• Decides if legal errors were made in the Court
of Appeals
– Was the law applied fairly?
– Is the law just?
63
77. Jurisdiction
Who has the right to hear the case?
77
Nearly all cases
(over 90%)
go to state courts.
78. 78
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
79. 79
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
80. Federal courts have jurisdiction:
1. Cases in which the United States is a party
80
KOREMATSU vs. UNITED STATES
81. 81
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
82. Federal courts have jurisdiction:
2. Crimes on federal property
82
Chandra Levy case
83. 83
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
84. Federal courts have jurisdiction:
3. Violations of federal law such as
– Counterfeiting US money
– Bank robbery
– Terrorism
– Election Fraud
– The Fair Housing Act
– The Civil Rights Act
– The National Labor Relations Act
84
85. 85
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
89. 89
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
91. 91
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
92. Federal courts have jurisdiction:
6. Torts between citizens of different states
92
“Diversity Jurisdiction”
93. 93
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
94. Federal courts have jurisdiction:
7. Cases that raise a Constitutional question
94
Morse v. Frederick
95. 95
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
96. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
96
97. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
– Copyrights
97
vs.
98. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
– Copyrights
– Bankruptcy
98
99. Federal courts have jurisdiction:
8. “Subject matter jurisdiction” such as cases involving:
– Patents
– Copyrights
– Bankruptcy
– Admiralty cases
99
100. 100
Federal courts have jurisdiction:
1. Cases in which the United States is a party
2. Crimes on federal property
3. Violations of federal law
4. Military lawsuits
5. Immigration cases
6. Torts between citizens of different states
7. Cases that raise a Constitutional question
8. “Subject matter jurisdiction” cases
101. U.S. Federal Court System
101
U. S. Supreme Court
U.S. Courts of Appeal
U. S. District Courts
106. Each state has at
least one Federal
District court.
106
107. U.S. District Courts
Oregon, a state with
few people, has only
1 Federal District
Court.
California, a populous
state, has 4 Federal
District Courts.
107
115. U.S. Courts of Appeal
• Do not decide “guilt” or “fault”
• Do not listen to witnesses
• Do not have a jury
• Do not attempt to “find out the facts”
115
116. U.S. Courts of Appeal
• Decide if legal errors were made in the District
court
– Was the law applied fairly?
– Is the law just?
116
117. U.S. Courts of Appeal
• Decide if legal errors were made in the District
court
– Was the law applied fairly?
– Is the law just?
• Review the court files and transcripts of the
District court
117
118. U.S. Courts of Appeal
• Decide if legal errors were made in the District
court
– Was the law applied fairly?
– Is the law just?
• Review the court files and transcripts of the
District court
• Listen to oral arguments from the lawyers and
ask the lawyers questions
118
119. U.S. Courts of Appeal
119
12
regional
Courts of
Appeal
(including
the “Federal
Circuit”)
124. The 9th Circuit Court of Appeals
124
Usually three
judges work
together on a
case as a
“panel”.
125. The 9th Circuit Court of Appeals
125
Log Cabin Republicans v. United States
Let’s watch about 3 minutes of a
3-member panel of the
9th Circuit Court of Appeals…
126. The 9th Circuit Court of Appeals
126
http://www.youtube.com/watch?v=Bepbh4o1IBU&feature=relmfu
127. The 9th Circuit Court of Appeals
127
Sometimes 11 judges make up a “panel”.
128. The 9th Circuit Court of Appeals
128
United States v. Ressam
Let’s watch about 4 minutes…
129. The 9th Circuit Court of Appeals
129http://www.youtube.com/watch?feature=player_embedded&v=iWhvcuasVZY#!
141. Dual Court System
141
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
142. Dual Court System
142
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
143. Dual Court System
143
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
144. Dual Court System
144
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
145. Dual Court System
145
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1
146. Dual Court System
146
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1
6
147. Dual Court System
147
Federal Courts State Courts
US Supreme Court
US Courts of Appeal
US District Courts
CA Supreme Court
CA Courts of Appeal
CA Superior Courts
1
12
94
1
6
58