Administrative Law. Adoption and Effect of Rules. The authority to adopt administra-

tive rules is a kind of legislative power. Under the United States and Ohio Constitutions, an

administrative agency can adopt rules only when a statute or ordinance specifically grants

such power. Further, the rules themselves are limited. They can cover only the specific

subjects authorized by the statute or ordinance.

Most rules are adopted under a procedure where: proposed rules are published; a pub-

lic hearing or time to respond is provided; the response of the public and those affected

Is considered; the proposed rules are amended; the amended rules are published with an

opportunity to respond; and final rules are published. Rules adopted in this way have the

force of law and can be enforced by court action just like statutes. Violation of some rules

may be a crime where the basic statute or ordinance specifically states that a violation is a

crime and provides a penalty.

Many activities in Ohio are governed extensively by rules adopted by state or local

government agencies. Some examples include: development of natural resources; parks

and public recreation; pollution control; health and sanitation; liquor control; housing;

building construction and safety; land use and development; industrial safety.

The Federal Courts. The federal court structure is roughly similar to the Ohio struc-

ture, with trial courts, courts of appeals, and the Supreme Court. The federal courts are

primarily concerned with administering the federal law, and function independently from

the state courts.

District Courts

The trial courts in the federal system are the United States District Courts. The district

courts are courts of general jurisdiction and correspond to Ohio’s common pleas courts.

The district courts handle all types of criminal cases (felonies as well as misdemeanors)

which arise under federal statutes, and many kinds of civil cases.

Courts of Appeal

The United States Courts of Appeal are intermediate courts of appeal. The United

States Courts of Appeal hear appeals from the district courts and their decisions may be ap-

pealed to the United States Supreme Court. They correspond to the Ohio courts of appeals,

and function in much the same manner.

The United States Supreme Court. Just as the Ohio Supreme Court is the highest court

In Ohio, the United States Supreme Court is the highest court in the nation. It consists of

the Chief Justice and eight Associate Justices all of whom are appointed for the life terms

by the President with the advice and consent of the Senate.

Municipal and County Courts. Municipal courts and county courts are the most impor-

tant of the lower trial courts in Ohio. For example, they handle traffic cases, cases involving

minor injuries and damage, minor criminal cases, minor civil cases, and collection cases.

The jurisdiction of municipal courts and county courts is similar, although there are

some important differences. Municipal courts have jurisdiction in civil cases not exceeding

$ 10,000, while county courts have jurisdiction in cases not exceeding $ 500. Both courts

are authorized to hear certain special types of lawsuits, such as disputes between landlords

and tenants. Both courts can try misdemeanor cases (a misdemeanor is an offense under

state or municipal law, for which the penalty is a fine, or a term of not more than one year

In a local jail or workhouse, or both). Also, both courts can hold preliminary hearings in

felony cases.

Every municipal and county court maintains a small claims division which hears claims

for money only, not exceeding $ 2,000. No one needs a lawyer in small claims court, but

anyone can have a lawyer if he wishes. The procedure is much simpler than in the regular

municipal or county court, and hearings are informal. There is no jury, and court costs are

held to a minimum.

Answer. When the defendant is notified he has been sued, he must file an “answer”.

His answer might deny everything in the complaint, admit some of the plaintiff’s claim

and deny the rest, or admit most or all of the plaintiff’s claim. If the defendant feels that he