Winter Quarter, 2004
Syllabus

In this lesson we are going to begin our consideration of legal actions in environmental health looking at the court system in the United States.

It has been said that there are 51 judicial systems in the United States -- one for each state and a federal system. Although the federal law is the supreme law of the land and the U.S. Supreme Court may review court decisions involving federal and/or constitutional law, there is much overlap in jurisdiction. State courts can decide certain questions involving federal law and federal courts, in some situations, can decide questions on state law. Questions about court jurisdiction are complicated and sometimes confusing. Nevertheless, it is important to understand the basics of the judicial system in the United States if you are to develop the ability to make effective use of the legal remedies available to resolve environmental health problems.

Lesson Objectives

The material in this lesson should help you to:
1. Understand the federal judicial system and how it differs from the judicial system in this state,
2. Be able to describe the relationship between the federal, state and local judiciary; and,
3. Describe the types of cases which are tried in each court.

Lesson Assignment

1. Required Readings:
   ’Ä¢ Reading #29 - Committee on the Judiciary, The United States Courts, U.S. House of Representatives, 1975.
   ’Ä¢ Reading #30 - A Citizen's Guide to Washington Courts, Office of the Administrator for the Courts, Olympia, 1987.
   ’Ä¢ Reading #31 - U.S. Law Enforcement Administration, Courts of Limited Jurisdiction, More Than Limited Importance, Department of Justice, 1979.

Lesson Outline

1. Federal Courts
   1. Supreme Court
   2. Circuit Courts
   3. District Courts
2. State Courts
   1. Washington Supreme Court
   2. Appellate Courts
   3. Courts of original jurisdiction
3. Local Courts
   1. Municipal Courts
   2. Justices of the Peace

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Procedural Due Process", Chapter 6 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 194-241.
2. Gellhorn E, Levin RM. "Formal Adjudications", Chapter 7 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 242-295.
3. Gellhorn E, Levin RM. "Procedural Shortcuts", Chapter 8 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 296-308.
4. Gellhorn E, Levin RM. "Obtaining Judicial Review", Chapter 10 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 353-398..
5. A Citizen's Guide to Washington Courts, 1987.

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 12. Criminal Actions