Civil & Criminal Procedure Mark Pollitt Associate Professor

Civil & Criminal Procedure

Mark PollittAssociate Professor

Federal Courts

• Supreme Court established by the Constitution

• Congress created lower courts• Two basic kinds of Federal Courts– General jurisdiction– Specialized (limited jurisdiction) Courts

• Two functions:– Trial Courts (courts of original jurisdiction)– Appellate Courts

Hierarchy of Federal Courts

• U. S. District Court– District Court Judges– Magistrate Judges

• Circuit Court of Appeals– Panels– En Banc

• U. S. Supreme Court

Other Federal Courts

• U.S. Bankruptcy Court• U.S. Court of Federal Claims• U.S. Court of Appeals for the Armed Forces• U.S. Tax Court• U.S. Court for International Trade

Civil Procedure

• FRCP– http://www.uscourts.gov/uscourts/RulesAndPolici

es/rules/2010%20Rules/Civil%20Procedure.pdf– http://www.law.cornell.edu/rules/frcp/

Civil Process

From: www.fjc.gov

Federal Rules of Criminal Procedure

• FRCrP– http://www.uscourts.gov/uscourts/RulesAndPolici

es/rules/2010%20Rules/Criminal%20Procedure.pdf

– http://www.law.cornell.edu/rules/frcrmp

Criminal Process

From: www.fjc.gov

The Courtroom

From: www.fjc.gov

Number of Cases

From: www.fjc.gov

It is important to remember:

• Courts have physical, legal, and geographical jurisdiction

• There are trial and appellate courts• Civil and criminal cases have similar processes,

but have different sets of rules• The vast majority of trials are state and local