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The Court SystemThe Court System
Chapter 2Chapter 2
A Trip to the CourthouseA Trip to the Courthouse
Characters:Characters:Mrs. Martinez………….Ms. WaltonMrs. Martinez………….Ms. WaltonThai ………………………JacoyThai ………………………JacoyJamila ……………………IronishaJamila ……………………IronishaFeliciaFeliciaPeggy……………………..KerishaPeggy……………………..KerishaDaniel ……………………JacoyDaniel ……………………Jacoy
Page 27Page 27
A Dual Court SystemA Dual Court System
Section 2.1Section 2.1
What You’ll LearnWhat You’ll Learn
How to determine a court’s jurisdiction.How to determine a court’s jurisdiction. How to explain the structure of the federal How to explain the structure of the federal
court system.court system. How to explain the role of the United How to explain the role of the United
States Supreme Court.States Supreme Court. How to explain the structure of the state How to explain the structure of the state
court system.court system. How to describe the difference between a How to describe the difference between a
juvenile who is unruly and one who is juvenile who is unruly and one who is delinquent.delinquent.
Legal TermsLegal Terms
JurisdictionJurisdiction Diversity of Diversity of
citizenshipcitizenship Original jurisdictionOriginal jurisdiction Appellate courtsAppellate courts Intermediate Intermediate
courtscourts Appellate Appellate
jurisdictionjurisdiction
Limited jurisdictionLimited jurisdiction General jurisdictionGeneral jurisdiction Delinquent childDelinquent child Unruly childUnruly child Neglected or Neglected or
abused childabused child
The Federal Court SystemThe Federal Court System
JurisdictionJurisdiction is the power and is the power and authority given to a court to hear a authority given to a court to hear a case and to make a judgment. case and to make a judgment. Federal jurisdiction cases are Federal jurisdiction cases are Action which the United States or one Action which the United States or one
state is a party, except those between a state is a party, except those between a state and its citizensstate and its citizens
Cases that raise a federal question, such Cases that raise a federal question, such interpreting the Constitution.interpreting the Constitution.
The Federal Court SystemThe Federal Court System
Diversity of citizenship Diversity of citizenship cases, which cases, which involve citizens of different states and in involve citizens of different states and in which the amount of money in the which the amount of money in the dispute exceeds $75,000.dispute exceeds $75,000.
Admiralty cases, or those pertaining to Admiralty cases, or those pertaining to seasea
Patent and copyright casesPatent and copyright cases Bankruptcy casesBankruptcy cases
Federal Court SystemFederal Court System
Federal courts are arranged in three Federal courts are arranged in three steps:steps: US District courts – located throughout US District courts – located throughout
the USthe US US court s of appeals, andUS court s of appeals, and The Supreme Court of the United StatesThe Supreme Court of the United States
District CourtsDistrict Courts
District courts have District courts have original original jurisdiction jurisdiction over most federal court over most federal court cases.cases. They try a case the first time it is heardThey try a case the first time it is heard
Most federal cases begin in one of Most federal cases begin in one of the US district courtsthe US district courts Civil andCivil and CriminalCriminal
Court of AppealsCourt of Appeals
US court of appeals, also calledUS court of appeals, also called Appellate courtsAppellate courts Intermediate courtsIntermediate courts
Courts between lower and the higher Courts between lower and the higher courtscourts
They hear appeals and review casesThey hear appeals and review cases They have They have appellate jurisdictionappellate jurisdiction, ,
meaning that any party may appeal meaning that any party may appeal to the federal court of appealsto the federal court of appeals
Court of AppealsCourt of Appeals
The United States is divided into The United States is divided into thirteen judicial circuits.thirteen judicial circuits.
Each circuit has several district Each circuit has several district courts and one court of appealscourts and one court of appeals
A panel of 3 judge is responsible for A panel of 3 judge is responsible for rending decisionsrending decisions
Appellate courts only determine Appellate courts only determine whether the lower court correctly whether the lower court correctly applied the law in the circumstances.applied the law in the circumstances.
Special US CourtsSpecial US Courts
Congress has established several Congress has established several special courtsspecial courts
They have jurisdiction in cases such as:They have jurisdiction in cases such as: Suits brought by citizens against the Suits brought by citizens against the
federal governmentfederal government Disagreements over taxes on imported Disagreements over taxes on imported
goodsgoods Disputes between taxpayers and the Disputes between taxpayers and the
Internal Revenue Service.Internal Revenue Service.
Supreme CourtSupreme Court
The US Supreme Court is the highest The US Supreme Court is the highest court in the land.court in the land.
It has original jurisdiction in all cases It has original jurisdiction in all cases involvinginvolving Ambassadors, consul or other public Ambassadors, consul or other public
ministersministers Cases in which a state is a partyCases in which a state is a party
Appellate jurisdiction is the court’s Appellate jurisdiction is the court’s main functionmain function
Supreme CourtSupreme Court
The court must hear all cases that The court must hear all cases that involve the constitutionality of a involve the constitutionality of a federal law.federal law.
Decides by a vote of at least 4 of the Decides by a vote of at least 4 of the 9 justices, which additional cases it 9 justices, which additional cases it will hear from the US court of will hear from the US court of appeals or the state supreme court.appeals or the state supreme court.
State Court SystemsState Court Systems
Local Trial CourtsLocal Trial Courts General Trial CourtsGeneral Trial Courts Special CourtsSpecial Courts
Domestic Relations CourtsDomestic Relations Courts Juvenile CourtsJuvenile Courts
Intermediate Appellate CourtsIntermediate Appellate Courts Supreme CourtsSupreme Courts
Local Trial Courts
Courts of limited jurisdiction Handle minor matters
Misdemeanors Civil actions involving small amounts of money
Courts also called Justice of the peace Magistrates Traffic Police Municipal
General Trial Courts
Each county has at least one general trial court, or court of general jurisdiction.
These courts are called County courts Superior courts Courts of common pleas Circuit courts
These courts handle criminal and civil cases
Special Courts
Domestic Relations Courts handle family or domestic relations. Divorce Annulment and Dissolution proceeding Distribution of property, child support
and alimony
Special Courts (cont.)
Juvenile Courts have special jurisdiction over Delinquent child
A minor under certain age (16-18) who has committed an adult crime
Unruly child A minor who has done something inappropriate that is
not considered an adult crime Violating curfew Skipping school Using tobacco
Abused or Neglected child One who is homeless. destitute, or without adequate
adult supervision
Intermediate Appellate Courts
Intermediate appellate courts hear appeals from courts of general jurisdictions
Appeals made if parties feel they did not have a fair trial or the judge do not properly interpret the law
State appellate courts hear appeals only on questions of law.
Supreme Courts
The highest court in most states is known as the supreme court
They decide matters of law appealed from lower courts.
They do not retry the case or re-determine facts
They decide whether an error was made in the lower courts.
This court chooses the cases it hears.
Section 2.1 AssessmentSection 2.1 Assessment
Reviewing What you LearnedReviewing What you Learned
Critical Thinking Activity Critical Thinking Activity Journal ActivityJournal Activity
Legal Skills in ActionLegal Skills in Action
Section 2.2Section 2.2
Trial ProcedureTrial Procedure
What You’ll LearnWhat You’ll Learn How to seek alternatives to litigationsHow to seek alternatives to litigations How to differentiate between civil and How to differentiate between civil and
criminal casescriminal cases How to explain the steps in a civil How to explain the steps in a civil
lawsuitlawsuit How to exercise your rights if you are How to exercise your rights if you are
arrestedarrested How to explain the steps in a criminal How to explain the steps in a criminal
prosecutionprosecution How to apply court procedures to How to apply court procedures to
juvenile cases.juvenile cases.
Legal TermsLegal Terms
Alternative dispute Alternative dispute resolutionresolution
ComplaintComplaint AnswerAnswer VerdictVerdict JudgmentJudgment Specific Specific
performanceperformance
InjunctionInjunction ArrestArrest BailBail IndictmentIndictment ArraignmentArraignment Detention hearingDetention hearing
CIVIL TRIAL PROCEDURECIVIL TRIAL PROCEDURE
Alternative Dispute Alternative Dispute Resolution (ADR)Resolution (ADR)
ADR can be classified in two waysADR can be classified in two ways Reactive methodsReactive methods Proactive MethodsProactive Methods
Reactive Methods
Used after a dispute has arisenUsed after a dispute has arisen MediationMediation ArbitrationArbitration Meditation-arbitration (Med-arb)Meditation-arbitration (Med-arb) Early Neutral evaluationEarly Neutral evaluation Summary Jury TrialSummary Jury Trial Private Civil TrialPrivate Civil Trial
Proactive Methods
Discussed before a dispute arises Partnering Settlement Week Negotiated Rule Making Science Court
PleadingsPleadings Formal papers filed with the court by the plaintiff
and defendant. Complaint expresses the plaintiff’s allegations or
claims The answer is the defendant’s response to those
allegations Methods of discovery are use to bring out the
facts Depositions Interrogatories Request for documents and other evidence Physical and mental examinations
Pretrial HearingPretrial Hearing
Pretrial hearing is an informal meeting before a judge
To simplify issues and discuss matter that might help dispose of the case.
Steps in a Jury TrialSteps in a Jury Trial
Selecting the JurySelecting the Jury Opening statementOpening statement Introduction of EvidenceIntroduction of Evidence Closing ArgumentsClosing Arguments Instructions to the JuryInstructions to the Jury Verdict and JudgmentVerdict and Judgment
RemediesRemedies
Category of remedies Payment of damages Equitable remedy
Specific performance – doing what you promise to do.
Injunction – order to stop performing an action
Execution of JudgmentExecution of Judgment
CRIMINAL TRIAL PROCEDURECRIMINAL TRIAL PROCEDURE
Arrest of DefendantArrest of Defendant
Rights of the defendantRights of the defendant Search and SeizureSearch and Seizure
The ArraignmentThe Arraignment
After a defendant is arrested, evidence is presented to the grand jury.
A grand jury conducts preliminary hearing to determine if case should go to trial.
If jury decides a crime has been committed , they issue an indictment.
The accused is brought to court for arraignment.
The accused pleads guilty or not guilty.
The TrialThe Trial
If the defendant request a jury trial Selection of jury Attorney makes opening statement Introduction of evidence
Otherwise, the case is tried before the judge who decides the verdict
The trial ends with the attorney’s closing arguments and instruction to the jury
SentencingSentencing
FinesFines ImprisonmentImprisonment The Death Penalty laws require three The Death Penalty laws require three
phases:phases: The jury determines whether the defendant The jury determines whether the defendant
is guiltyis guilty The judge or jury listens to attorneys’ The judge or jury listens to attorneys’
argument and determines the punishment argument and determines the punishment under state laws that clearly set forth factors under state laws that clearly set forth factors to be considered in a presentencing hearingto be considered in a presentencing hearing
An appeal is taken to the states highest courtAn appeal is taken to the states highest court
Disposition of Juvenile CasesDisposition of Juvenile Cases
As a first step, the judge usually holds a As a first step, the judge usually holds a detention hearing detention hearing to learn if there are to learn if there are good reasons to keep the accused in good reasons to keep the accused in custody.custody.
The judge mayThe judge may Place the offender on probationPlace the offender on probation Place the offender in an agency or foster Place the offender in an agency or foster
homehome Commit the offender to a training or reform Commit the offender to a training or reform
school.school.
Section 2.2 AssessmentSection 2.2 Assessment
Reviewing What You LearnedReviewing What You Learned
Critically Thinking ActivityCritically Thinking Activity
Legal Skills in ActionLegal Skills in Action
Chapter SummaryChapter Summary
Jurisdiction is the power and authority given a court to hear a case and to make judgment
A court with original jurisdiction hears a case tried for the first time in its court.
A court with appellate jurisdiction reviews a case on appeal from the lower courts.
Court with limited jurisdiction handle minor matters
General jurisdiction means that a court has the power to hear most types of cases.
Chapter SummaryChapter Summary
Federal courts are arranged in three levels: US district courts US court of appeals The Supreme Court of the United States
State courts systems consist of Local trial court Courts of general jurisdiction Appellate courts Its own State Supreme Court
Chapter SummaryChapter Summary
A juvenile delinquent is a child who commits an adult crime.
An unruly child is generally a minor who has done something that wouldn’t be a crime committed by an adult
A neglected or abused child is one who is without adequate parental care or one who is homeless.
Chapter SummaryChapter Summary
Review the summary section on Section 2.2 The Trial Procedures page 50.
People placed under arrest may exercise their rights in several ways They may remain silent They may call an attorney If they choose to answer questions, they
may have an attorney present.