| A Cup of Tea, Coffee, or Something Else | | | | courts tend to deal with more important |
| investigating an individual or business, one | | | | subjects, or crimes with stiffer penalties |
| of the most basic checks is for lawsuits, | | | | (such as armed robbery, cases of gross |
| criminal charges, and bankruptcy filings. But | | | | malpractice, and often divorce). Lower courts |
| how do you research the court system? Is | | | | will deal with misdemeanor crimes and small |
| there one simple site to go to where you pop | | | | money claims (ie, small claims court). In |
| in a name and are rewarded with a listing of | | | | criminal cases of all sorts, the prosecutor |
| all court filings across the country | | | | is usually the United States government (from |
| pertaining to that individual? No such luck | | | | the State's attorney office), and the case |
| ... yet, anyway! To understand court | | | | will be lised as The State of Wherever V. |
| research, you first need to understand a bit | | | | Lastname.Upper and lower courts are |
| about the USA's court system.There are two | | | | relatively simple to understand -- big money |
| major separate court entities in the USA, the | | | | cases or cases involving serious crimes go |
| State court system and the Federal court | | | | the upper, and everything of lesser |
| system. The Federal court system is divided | | | | importance to the lower, but don't forget |
| into three branches, the federal criminal, | | | | that most divorces are tried in the upper |
| civil, bankruptcy, and appeals courts. These | | | | court! Unfortunately, the State court system |
| courts are not 'single entities' -- there are | | | | doesn't stop there, but also includes, |
| a number of federal courts scattered across | | | | depending on the State, a variety of other |
| the United States, each covering a certain | | | | courts such as the municipal court or traffic |
| geographic district within a 'circuit'. For a | | | | court, which handle matters specific to their |
| map of the circuits, see example, there is a | | | | speciality (ie, argue traffic tickets in |
| Northern Mississippi district court, as well | | | | traffic court). There are also appellate |
| as a Southern. Cases are prosecuted by US | | | | courts, for dealing with appeals.So, now that |
| Attorneys, who are elected, or Assistant US | | | | we understand the court system a bit better, |
| Attorneys, who are government employees. | | | | how do we go about finding court records? For |
| Regarding federal law, federal statutes are | | | | Federal courts, this is a relatively simple |
| divided into sections called Titles. Title | | | | matter: The majority of records are |
| 11, for example, deals with bankcruptcy, and | | | | accessible through a system called PACER |
| under that Title you will find Chapters, such | | | | (Public Access to Court Electronic Records). |
| as Chapter 7 regarding liquidation of a | | | | PACER allows searching different courts by a |
| business. All personal and business | | | | variety of fields, including name. You as a |
| bankruptcies fall under federal statutes and | | | | citizen can sign up for PACER with a credit |
| are dealt with in federal court, and | | | | card at -- the service isn't free, but only |
| bankruptcies make up nearly 70% of all | | | | charges a few dollars for good documentation |
| federal court cases. This makes researching | | | | on most cases. Note that some districts still |
| whether an individual has a history of | | | | aren't in the PACER system (for example, the |
| bankcruptcy a considerably simpler matter, | | | | Alaska district court) -- in this case, you |
| since only the relevant federal court needs | | | | can always pay a visit to the nearest |
| to be searched.Title 18 contains the majority | | | | district federal courthouse.Every district |
| of the criminal statutes for the federal | | | | has one, and the records should be open to |
| criminal court. Note that in many cases it | | | | the public for free. Feel free to drive there |
| can be decided for an individual to be tried | | | | and peruse! If the district court is further |
| in the federal rather than State court | | | | than you want to travel, there are courthouse |
| system, under federal-question jurisdiction | | | | researchers across the country who make a |
| rules, for a variety of reasons. For example, | | | | living looking up court records for those to |
| in a recent case where two teens burned a | | | | far away from the court to visit in |
| cross in a black family's yard, it was | | | | person.State records are somewhat more |
| decided to prosecute them in federal rather | | | | complex. To access these records over the |
| than State court -- the penalties that could | | | | Internet, not only should the State records |
| be imposed by the federal court system were | | | | be online, but also the individual county in |
| greater. Likewise, cases involving citizens | | | | question. Most State higher court and |
| from different States will be tried in | | | | appellate courts are online with free |
| Federal courts if the monetary amount | | | | searching, but many lower (county) courts are |
| involved in the case is greater than $75,000. | | | | not, only offer some records, or charge high |
| There are a number of other types of cases | | | | fees. Of course, if you're only interested in |
| that are likewise defaulted to federal court, | | | | researching cases in your area, all you need |
| including cases involving patents or | | | | to do is drive to your local county |
| copyrights, cases challenging State laws | | | | courthouse, where the records are, by Federal |
| (usually for Constitutional reasons), and | | | | law, public access. Your county courthouse |
| cases involving federal agencies.The State | | | | should not charge you a fee to access these |
| court system is somewhat more complex in its | | | | records, they should be free to |
| terminology, since this terminology differs | | | | peruse.Charging a fee online is for |
| from State to State, but in the end the | | | | 'electronic access', not for seeing the |
| terminology resolves into a system of 'upper' | | | | actual documents themselves. Once again, if |
| and 'lower' courts in civil and criminal | | | | the county is outside your area you can hire |
| matters. The State civil court was an 'upper' | | | | a courtresearcher to do the job for you. To |
| and 'lower' court, as does the State criminal | | | | find county court researches and county/State |
| court. In some States, these are referred to | | | | courts on the Internet, simply do a search |
| as the 'supreme' and 'county' courts, or the | | | | engine search for 'Countyname county court', |
| 'superior' and 'justice' courts.The upper | | | | and follow the links from there. |