The United States Constitution established which court systems?
Has Congress used the Constitutional power to create courts? If so, how have they used this power?
Which court system handles disputes with Last Wills and Testaments?
Where can people go if they are not satisfied with the final decision in a state trial?
Are Intermediate courts under federal control? If not, by what authority do the intermediate courts obtain their power?
Where can people go if they are not satisfied with a federal trial court proceeding decision?
What system of government does the United States have that causes it to have two court systems?
Which court system conducts most of the criminal trials?
When might a case move from the state court system to the federal system?
Can a member of the House of Representatives nominate and confirm a federal judge?
Can a USN Admiral onboard her ship decide the outcome of a private boating accident that occurred on the high-seas? Or, is there a specific court the parties must file their claim? What is the name of that court?
The United States Constitution established which court systems
Full Answer Section
- 13 U.S. Courts of Appeals: These review decisions from district courts and handle appeals from certain administrative agencies.
- U.S. Court of Federal Claims: Handles legal disputes involving the U.S. government as a party.
- U.S. Court of International Trade: Reviews decisions of the International Trade Commission and handles certain trade disputes.
3. Disputes with Last Wills and Testaments are typically handled by:
- Probate courts: These are specialized courts within state court systems dealing with legal issues related to inheritance, wills, and estates.
4. Unsatisfied with a state trial court decision? You can:
- Appeal to a state intermediate appellate court: Each state has at least one appellate court to review decisions from lower courts.
- In rare cases, appeal to the U.S. Supreme Court: This is allowed if the case involves federal law or raises substantial federal questions.
5. Intermediate courts are not under federal control. They are created by and exist under the authority of each state's individual constitution and laws.
6. Unsatisfied with a federal trial court decision? You can:
- Appeal to the U.S. Court of Appeals for the relevant circuit. There are 11 numbered circuits covering the U.S., and each hears appeals from district courts within its jurisdiction.
- In very limited circumstances, appeal to the U.S. Supreme Court.
7. The United States has a Federal system of government, which divides power between the federal government and the states. This creates two court systems:
- Federal Court System: Handles matters related to federal law, the U.S. Constitution, and certain cases involving diverse citizenship or admiralty.
- State Court Systems: Handle most everyday legal matters, including criminal law, family law, contract disputes, and property law.
8. Most criminal trials are conducted by:
- State courts: The vast majority of criminal cases are tried in state courts under state laws.
- Federal courts: Handle federal criminal offenses like bank robbery, drug trafficking, and certain white-collar crimes.
9. Some cases might move from state court to federal court in several situations:
- Diversity jurisdiction: If the parties in a civil lawsuit come from different states and the amount in controversy exceeds $75,000, it can be brought to federal court.
- Federal question jurisdiction: If a lawsuit involves a question of federal law, it can be brought to federal court regardless of the parties' citizenship or the amount in controversy.
- Removal jurisdiction: Defendants in certain state court cases can "remove" them to federal court under specific circumstances.
10. No, a member of the House of Representatives cannot nominate and confirm a federal judge. This power is vested in the President, with the advice and consent of the Senate.
11. A USN Admiral on a ship cannot unilaterally decide a private boating accident case on the high seas.
- Jurisdiction: The high seas are considered international territory, and the specific case details would determine which legal system or court (e.g., an international maritime court) has jurisdiction.
- Due process: Both parties deserve a fair hearing and access to a neutral judicial system for dispute resolution.
Remember, this is a general overview, and specific legal matters should be discussed with a qualified attorney for accurate and individualized guidance.
Sample Answer
Navigating the United States Court System: A Q&A
1. The United States Constitution established:
- Federal Court System: Article III of the Constitution creates the Supreme Court and grants Congress the power to establish lower federal courts.
- State Court Systems: The Constitution guarantees each state the right to establish its own court system, handling most legal matters within its borders.
2. Congress has used its Constitutional power to create courts in various ways:
- 94 U.S. District Courts: These handle the initial trial level for federal cases and most federal criminal cases.