5.1

Court Structure

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INTRODUCTION

It is important, as you study this part of the manual, to start understanding the difference between a trial court and an appellate court. The functions and roles differ considerably.



Paralegal Perspective . . .

BRANCHES OF GOVERNMENT
Why does a paralegal need to understand the branches of government, and the duties of those branches? Because the three branches utilize and operate under different forms of law. The executive branch controls administrative agencies, which operate under administrative rules and regulations. The Legislative branch creates the statutes that citizens must obey. The Court, part of the Judicial branch, determines whether those statutes have been violated, and creates opinions (also called cases) that explain the court's application of the law to a party's situation. A paralegal may end up researching agency rules (Executive branch), statutes (Legislative branch), or case law (Judicial branch), depending on the client's legal situation.

Lecture Notes . . .

COURT STRUCTURE TERMINOLOGY

Branches of Government
You need to know the branches and their functions. This will become important when you start researching, because, as mentioned above, each branch issues different kinds of law.

Federal Courts
The U.S. District Court is the federal trial court. There are two appellate level federal courts, the U.S. Courts of Appeal (also called the U.S. Circuit Court of Appeals), and the U.S. Supreme Court.

Stare decisis
(Pronounced: star-ay di-see-sis)
Means precedent.



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Government Structure

ViewPoint
US Government Structure | Alternate Link




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Federal Courts

ViewPoint
Federal Court Structure | Alternate Link




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Commonly Asked Questions

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Exercises

Exercises
Federal Courts | Court Structure | About Courts