State Courts
State Courts Why It Matters Read to the class a local newspaper ar- BEFORE YOU READ TAKING As you read, take NOTES notes on the state ticle concerning a trial or lawsuit. Then The Main Idea Reading Focus Key Terms court system. Use a chart like ask students if the trial is being held in this one to organize your notes. State court systems include 1 What kinds of cases penal code, p. 217 federal or state court. Ask students if lower courts, general trial do state courts handle? Missouri Plan, p. 220 State Court Cases they know why this is so. If they do not, 2. courts, appeals courts, and How is the state court State Court System explain that if a state law is broken, a state supreme courts. system organized? 3. How are state judges Selection of state court handles the trial; if a federal State Judges selected? law is broken, a federal court handles the trial. Discuss with students how the court system affects their daily lives.
State legislatures write laws, and Key Terms state executives put those laws Preteach the following terms: into action. Then, state courts make sure everyone is following penal code set of criminal laws (p. 217) the rules. For example, a speeding ticket is usually Missouri Plan method of selecting judges handled in a low-level state court, such as a traffi c in which a committee prepares a list of quali- court. Other cases are heard at different levels, all the fi ed judges, the governor appoints a judge way to the state supreme court. from the list, and the judge faces voters in next election (p. 220) State Court Cases Vocabulary Activities: Chapter 8 As a citizen, you are subject to two levels of law and two sets of judicial systems. Federal Taking Notes courts address violations of the United States State Court Criminal and civil cases Constitution and federal laws. State courts Cases address violations of state constitutions and state laws. Each state is free to create its own State Court Three types of courts from court system to meet the state’s needs. Each System lowest to highest: trial, state is also free to determine the way in appeals, state supreme court which judges for its courts are selected. But Selection of Judges are elected, appointed whatever the court system and however the State Judges by governor, or selected using judges are selected, the role of the state courts Missouri Plan is the same: apply and enforce the criminal and civil laws of the state. Each state creates its own penal code. A penal code is a set of criminal laws. State attorneys prosecute individuals who vio- late the penal code by committing a crime. These are called criminal cases. State judges The Louisiana Supreme Court building in New Orleans hear these cases. If the criminal court fi nds
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Teach the Main Idea At Level State Courts 1. Teach Ask students the Reading Focus 3. Review Describe a type of court case to questions to teach this section. students and ask them to tell you what type 2. Apply Have students create a two-column of court it would be tried in. chart. Ask them to list each type of state 4. Practice/Homework Ask students to court in the left column and describe the make a list of the main ideas of the section. types of cases it hears in the second column. Then have them choose one main idea and provide the supporting details for it.
STATE GOVERNMENT 217 State Court System
Most state court systems are divided into three levels: State supreme courts are the highest court in trial courts, appeals courts, and a state supreme court. the state judicial system. They hear cases on Reading Focus appeal from the lower courts.
What kinds of cases do state courts Judges in trial courts handle? hear cases ranging from Appeals courts review cases from trial traffic violations to serious courts whose rulings have been challenged, State Court Cases criminal offenses. or appealed. Explain What is a civil case? case in which individuals or businesses have a dispute over property or money Trial courts hear all civil and criminal cases—from small-claims court cases to Draw Conclusions How do courts superior court cases. interpret the law in criminal cases? They decide if someone has violated a law.
ANALYSIS SKILL ANALYZING INFORMATION Reading Focus 1. What is the lowest level in the state court system? 2. To what courts can state cases be appealed? How is the state court system organized? a person guilty of a crime, it has the author- Trial Courts State Court System ity to punish that person. Lower courts generally hear minor cases, Recall Which courts hear criminal State courts also hear civil law cases. including misdemeanor criminal cases and and civil cases directly? lower courts Civil cases are disputes between individuals civil cases involving small amounts of money. or businesses over property or money. They Judges conduct hearings in these courts with- Compare How are state appeals may also involve disputes between a busi- out a jury. courts and state supreme courts simi- ness and the government, or between an In many cities and towns, a justice of lar? They both hear cases on appeal individual and the government. the peace hears cases. A justice of the peace and judges review the cases. can hand down fi nes or short jail sentences. READING CHECK Contrasting How do criminal These lower courts may also be called mag- Evaluate Why do you think it is cases and civil cases differ? istrate’s courts or police courts. Their judges important to have several levels in are usually elected. Many large cities have the court system? Possible answers: State Court System municipal courts, which may be divided into to provide a system in which the Like the federal judicial branch, state court courts that handle specifi c types of cases. For decisions of judges and juries can be systems are structured in levels. In state court example, traffi c courts hear cases involving reviewed so that a fair trial is ensured systems, state judges perform most of the traffi c violations, and family courts hear cas- Graphic Organizer Activities: Chapter 8 same duties that federal judges perform. Three es involving family disputes. types of courts are found in most states—gen- Most states have small-claims courts, eral trial courts, appeals courts, and a state which usually handle cases involving less than supreme court. $5,000. No lawyers are needed. Each person in
218 CHAPTER 8
Differentiating Instruction Below Level Learners Having Diffi culty Create a Mock Court Docket case and indicate which type of case each 1. Organize students into mixed level pairs. one is. Answers 2. Ask each pair to create a mock court docket 3. Have each pair share one of their court cases that includes three civil cases and three with the class before collecting the dockets. Analyzing Information 1. trial courts criminal cases. They should describe each Verbal/Linguistic 2. appeals courts and state supreme courts Reading Check In criminal cases, state attorneys prosecute someone who has broken the law. In civil cases, one person or business sues another over property or money. 218 American Religious Liberties Religious Displays on Public Property In some circumstances, the U.S. display was primarily historical and government may recognize the role did not endorse religion. Reading Focus religion plays in the country. But it can However, in McCreary County v. be difficult to determine when the American Civil Liberties Union of government’s acknowledgement of Kentucky , the Court found that dis- How are state judges selected? religion is constitutional. plays of the Ten Commandments in Two Supreme Court opinions issued two county courthouses in Kentucky Selection of State Judges on the same day in 2005 illustrate were unconstitutional. These displays, Explain How does the Missouri Plan how complicated this issue is. In Van the Court stated, specifically highlight- Orden v. Perry , the Court allowed ed the religious foundation of Ameri- work? Judges, lawyers, and citizens Texas to keep a six-foot monument can law and thus did endorse religion. create a list of qualifi ed judges and the of the Ten Commandments on the Why was a display of the Ten Com- governor appoints one of them. In the grounds of the state capitol. Because mandments constitutional in one case next election, voters decide whether the monument was one among 38 and unconstitutional in the other? other markers commemorating Texas the judge stays in offi ce. Explain in your own words. history, the Court concluded that the Sequence What happens at the end of a judge’s term in most states? Vot- ers may elect the judge to a new term or vote to replace the judge.
the dispute explains his or her side of the argu- arguments from the lawyers on both sides. ment, and the judge makes a decision. Major If the person is still not satisfi ed with the go.hrw.com criminal and civil cases are handled in gen- appeals court’s decision, he or she can Online Resources eral trial courts. A jury hears most cases, appeal again to the state supreme court. KEYWORD: SZ7 CH8 and a judge presides. Some trial courts hear ACTIVITY: State Courts only civil cases, and others hear only crimi- State Supreme Court nal cases. In many states, voters elect these The state supreme court is the highest court general trial court judges. Other names for in most states. The judges who sit on the trial courts in some states are superior courts state supreme court hear cases on appeal and courts of common pleas. in much the same way as the U.S. Supreme Court. Decisions on state law by the state Pacing After students read about Appeals Courts supreme court are fi nal. each type of case or court, ask Sometimes a person believes his or her READING CHECK Finding the Main Idea What them a few questions about what case was not handled fairly in a trial court. roles do judges play in the different levels of state they have read to make sure they That person may appeal the decision to an courts? understand it. Then move on to the appeals court or an intermediate court of next case or court and repeat the appeals. An appeal is a request for another court to consider the case. The usual basis Selection of State Judges same procedure. for an appeal is that the person’s guaran- In most states, citizens elect state supreme teed right to a fair trial was violated during court judges. But in some states, the gover- the trial. nor appoints supreme court judges. State Appeals courts do not use juries. law determines how judges are selected in Instead, appeals court judges examine the each state and the length of each type of trial record of the lower court and hear judge’s term.
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Differentiating Instruction Above Level Answers Advanced Learners/GATE American Religious Liberties Possible answer: In the first case, the Interview a Court Offi cial in your town or community that result in the religious display was just one display 1. Ask students to interview a court offi cial—a delay of trials and the settling of cases out of among many that together explained local judge, court offi cer, or district attorney. court. Texas history. In the second case, the 2. Tell students to fi nd out the offi cial’s role in 3. Ask students to summarize their interviews purpose of the religious display was the court process. Then have them ask the in a brief report and share the report with the determined to be only religious, not historical. offi cial to explain the conditions that exist class. Interpersonal, Verbal/Linguistic Reading Check trial courts: make decisions, hand out punishment, preside over cases; appeals courts: examine trial record of lower court and hear lawyers’ arguments; state supreme court: same role as appeals courts 219 es argue that judges should make decisions based on the facts and on the law that applies, not on what might please voters. Supporters of appointed judges believe that Close Small Claims Court judges should be selected based on their abilities. List the types of cases and courts on the How much might you have to pay as a result of a judgment in a small-claims court? If you have ever seen judges de- board and ask students to describe each. The Missouri Plan ciding real cases on television, then you are already familiar Some states have adopted a method of select- with small claims courts. They decide cases such as unpaid ing judges called the Missouri Plan . Under Review personal debt, past-due rent, and reimbursement for goods this plan, a committee of judges, lawyers, Online Quiz: Section 4 and services. The maximum amount of money that can be involved in a small claims dispute is usually $5,000. and ordinary citizens prepares a list of quali- Quiz Game fi ed judges. The governor appoints a judge ANALYSIS Vocabulary Activities: Chapter 24 SKILL ANALYZING ECONOMICS from this list. The judge must then face the Why are small claims courts an important voters in the next election. Assess part of the judicial system? Terms of Service SE Section 4 Assessment State court judicial terms are set by state law. Daily Quizzes: Section 4 Election of Judges In most states, judges face the voters at the end Reteach People who support electing judges argue of their term. Voters may elect the judge to a that elections make judges responsible to new term or may vote to replace the judge. Main Idea Activities for Differentiated the people who will be affected by their Most states have methods for removing judg- Instruction: Section 4 decisions. Supporters of elected judges also es, usually by impeachment or recall. argue that when the governor appoints judges, he or she is free to appoint political READING CHECK Making Inferences Why supporters or friends. might the Missouri Plan combine the best qualities Those who oppose the election of judg- of the election and appointment methods?
go.hrw.com Online Quiz KEYWORD: SZ7 HP8 SECTION 4 ASSESSMENT
Reviewing Ideas and Terms b. Elaborate Do you think that electing judges is the best way to select state court judges? Why or 1. a. Defi ne Write a brief defi nition of the term why not? penal code . b. Draw Conclusions Civil court cases Critical Thinking often involve disputes over contracts and other 4. Sequencing Copy the graphic organizer. Use it to types of business agreements. Why do you think identify the steps a civil case might go through in a state it is important to read through contracts carefully court system. Explain what happens at each stage. before signing? 2. a. Recall What are the four levels of state court systems? b. Elaborate Why do most states have low-level courts such as small-claims courts and traffi c courts? Focus on Writing c. Compare and Contrast What are the differ- 5. Supporting a Point of View In one or two ences between general trial courts and appeals courts? paragraphs, explain why it is important for a state 3. a. Defi ne Write a brief defi nition of the term judicial system to have different levels and different Missouri Plan . kinds of courts.
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Section 4 Assessment Answers
1. a. penal code, p. 217 b. to try to avoid such governor and people in the legal profession suits are better qualified to select judges. 2. a. lower courts, general trial courts, appeals 4. trial court: jury makes decision; appeals Answers courts, state supreme courts b. Possible court: judges uphold or overturn decision; answer: to handle the large volume of cases supreme court: judges uphold or overturn Analyzing Economics They provide that involve small claims and traffic disputes decision a place where disputes involving smaller c. general trial: jury or judge hears case and amounts of money can be heard. 5. Students should recognize that there are makes decision; appeals: judges examine many different types of cases that need to Reading Check Citizens have a say trial record of lower court in who gets appointed and the judges be heard, and higher courts are needed to face the voters in the next election, but 3. a. Missouri Plan, p. 220 b. Possible answers: review decisions of lower courts to ensure the governor selects the judge for the Yes, people should be able to elect judges just decisions. first term. whose decisions will affect them. No, the 220