The Court System and Trial Procedures Chapter 1.2 The Court System and Trial Procedures

Bell Ringer #1 Do all cases get resolved in court? Explain! Is there only one type of court where a case might go? Yes/No If no, what are some of the other types of court systems and what types of cases might they hear?

Bell Ringer #2 You and a friend are having a dispute about what movie to see. What are some of the ways you might resolve this problem?

Bell Ringer #3 What are the Miranda Rights? (the speech cops give you when you get arrested. To the best of your ability write them down.)

Bell Ringer #4 Suppose that the principal of your school has decided that all students will be searched when they enter the school building in the morning and when they leave in the afternoon. Write a legal argument that you could present to the principal when you ask him/her to reconsider the new search policy.

Dual Court Systems Federal Courts State Courts

Federal Court Systems Power comes from Article III of the Constitution. Jurisdiction - power and authority to hear a case

Jurisdiction of Federal Courts Cases where the US or a State is a party Cases that raise a federal question Diversity of citizenship cases Admiralty Patent-right, copyright Bankruptcy

3 Steps of Federal Courts Step 1 - lowest step - US District Courts Step 2 - middle step - US Court of Appeals Step 3 - highest step - Supreme Court of the United State

District Courts Original Jurisdiction 89 district courts in the US

Court of Appeals Hears cases on appeal Reviews cases from lower courts Appellate jurisdiction 13 judicial circuits Not in all states Cases heard by 3 judges, no witnesses, no evidence, no jury Raise questions of law Not all cases can be appealed.

Special US Courts Works with district courts and courts of appeal Jurisdiction in certain kinds of cases Lawsuits against general government Disagreement over taxes on imported goods Disputes between taxpayers and the IRS

Supreme Court Highest court in the land Chief justice and 8 associate justices Original and Appellate jurisdiction Hears all cases involving constitutionality of federal law Decides by a vote of 4/9 justices as to what cases it will hear from court of appeals or state supreme courts.

Court System

State Court Systems Local Trial Courts General Trial Courts Juvenile Courts Intermediate Appellate Courts State Supreme Courts

Local Trial Courts Limited jurisdiction (minor matters) Types of Local Trial Courts Justice of the Peace (magistrate courts) Traffic Court/Police Court/Municipal Court Special Courts (family disputes, juvenile offenses, small claims)

General Trial Courts General Jurisdiction Called county courts/superior court/court of common pleas or circuit courts Trial courts for major civil and criminal cases in each state Starting point for all cases involving major crimes and large amounts of money.

Juvenile Courts Special jurisdiction over delinquent, unruly, abused and neglected kids. Records are sealed Hearings are informal No rights for a trial by jury Cannot be released on bail Must be proof beyond a reasonable doubt to convict child as an adult

Intermediate Courts Appeals if parties believe: 1. They didn’t get a fair trial 2. The judge interpreted the law wrong. Hear appeals on Questions of the Law No witnesses testify Hear only arguments from attorney.

State Supreme Courts Highest court in the state Decides matters of law appealed from lower courts Do not hold second trial Do not look at facts Decides only if lower court interpreted the law incorrectly.

Happens in the circuit where the case was tried Federal Appeal Cases Us. District Court Each state has at least one! Court of Appeals Happens in the circuit where the case was tried Split into 13 circuits. Supreme Court Washington, DC State Court Systems Local Trial Courts Lots of them Courts of General Jurisdiction Each county has one Appellate courts 2/3 state have them State Supreme Court 46 States have them

Civil Trial Procedure 2 Types of Law 1. Substantive Law - what the law is. (criminal law, family law, business law, bankruptcy law) 2. Procedural Law - How the law works. (criminal procedures or civil procedures)

Procedural Law 2 types: 1. Criminal Law - offenses against the public 2. Civil Law - individuals who feel they have been injured

Civil Law Injured person files a complaint with the court (Litigation) Advantages Long history in legal system Courts develop rules to make the process fair Disadvantages Attorneys investigate (costly & time consuming) Attorneys are not guaranteed or required Person may represent themselves (still held to same rules)

Important Civil Statutes Victim’s families may sue for compensations (wrongful death suites) Survival Statutes - plaintiff dies, representative of the deceased can continue the case/bring new case Statute of Limitations - time limit to sue

Alternative Dispute Resolutions Resolve a dispute outside of the courtroom Cuts costs and saves time 4 Techniques are used: 1. Mediation 2. Arbitration 3. Conciliation 4. Negotiation

Neutral party (mediator) tries to persuade the parties to compromise. Mediation Neutral party (mediator) tries to persuade the parties to compromise. Advantages Final decision in the hands of the parties involved Disadvantages If done quickly, can highlight the disagreement rather than the points of the agreement.

Third party settles the dispute. Arbitration Third party settles the dispute. Advantages Decision is in hands of an independent, objective 3rd party Fair solutions Disadvantages People having the dispute have no say in the final decision.

Conciliation Advantages: Disadvantages Intermediary doesn’t bring the parties together for a face to face conversation. They are seeking a consensus. Advantages: Parties are separated, reduces the risk of confrontation. Disadvantages Takes more time because of the separate meetings

Negotiation Disadvantages Usually leads to litigation Takes longer Each party has a spokesperson to represent them throughout the process. Advantages Parties can determine the relative merits of the arguments without going to court. Parties have a say Disadvantages Usually leads to litigation Takes longer

What types of questions would an attorney ask? How would each interfere with the trial?

Civil Court Procedures Pleadings Methods of Discovery Pretrial Hearing Jury Trial Instructions to the Jury Verdict and Judgments Remedies Execution of Judgment

Civil Court Procedures Pleadings - formal papers filed with the court by the plaintiff and defendant. Plaintiff’s Court issued Defendant’s Complaint summons Answer to defendant

Civil Court Procedures Methods of Discovery - methods used to bring out facts before the trial. Makes facts of case known to both parties before the trial begins Clearly recognize all disputes Takes less time to try or can settle out of court If not settled after discovery phase, court clerk places the case on the calendar (court docket) for trial.

Civil Court Procedures 3. Pretrial Hearing - informal hearing before the judge in an attempt to simplify the issues and discuss matters that might help the case get resolved quicker.

Civil Court Procedures Jury Trial Steps in a Jury Trial a. Select a jury b. Opening Statements c. Introduction of Evidence d. Closing Arguments.

Selecting a Jury Jury - citizens that determine the facts and apply law. Attorneys ask questions Look at their backgrounds, educations, experience, relationships, attitudes, employment How they relate to each other.

Opening Statements Each attorney tells the judge and jury about the case and what they intend to prove Plaintiff’s attorney goes first Some states can choose to postpone making an opening statement until the plaintiff’s evidence has been presented.

Introduction of Evidence Real evidence - evidence you can see Testimony of a witness Cross-Examine

Instructions to the Jury Judge explains the law to the jury in terms they will understand Attorneys offer suggestions about instructions to assist the judge Final charge to the jury is up to the judge.

Verdict and Judgments Jury deliberations Verdict - decision of the jury Civil cases - jury finds “in favor” of one party Varies from state to state on # of jurors that have to agree After the verdict the court issues a judgment (courts final determination)

remedies If the defendant is found liable in a civil trial, the plaintiff is granted a remedy. 2 Types 1. Payment of money 2. Action by the defendant - Specific Performance - keep a promise in a contract - Injunction - have the defendant stop doing something

Execution of Judgment Judgment must be carried out (executed) Plaintiff - may get payment Defendant - may be allowed to retain property claimed by the plaintiff Judgment is enforced by the issuance of an execution by the court Sheriff may take property , may sell it at an auction, or remove the person/property to another location.

Appeals Process Parties can appeal the judgment of the court. Only because of a mistake by the judge.

Criminal Trial Procedures Arrest the defendant Immediate court hearing Case is postponed Attorney’s prepare their cases.

Arrest the defendant Arrest - deprive of your freedom Warrant - gives officer permission to arrest the person at any time Arrest Warrant - order issued by a court saying the person is charged with a crime

Rights of the Defendant Constitutional rights must be informed to the person being arrested. Miranda vs. Arizona (Miranda Rights) Know what you are charged with Names of the police officers Make a phone call

Other Rights Name some of the other rights you might have. Is everyone entitled to bail? Why/why not?

Search and Seizure Search warrant - allows an officer to conduct a search. Search is limited to areas mentioned Person getting searched can read the warrant or have it read to them Frisk - limited search of a person’s being looking for concealed weapons.

Searches without a warrant People who have been arrested Limited search area where the person was arrested. Things in plain view School officers are allowed to search students with reasonable grounds.

Car Searches w/out warrant Limited search if you were arrested in the car With good reason, search the entire car Can impound the car until you obtain a search warrant Entire passenger areas

The Arraignment Bringing the defendant before the court, told about the complaint, made aware of their rights. Judge can dismiss the complaint, or find probable cause that a crime was committed and refer the case to an attorney. Information - set of formal charges drawn up by the prosecuting attorney.

Grand Jury Jury of inquiry Decides is there enough evidence to go to court. More members than a petit jury.

If committed a crime… Issued an indictment (written accusation issued by grand jury charging person with a crime) - Doesn’t mean the person is guilty. Arraignment - procedure where the accused is brought before the court, read the indictment, and asked to plead guilty/not guilty.

Arraignment If plead guilty - sentence can be issued right there. If pleads not guilty - case proceeds to trial Guilty but with a plea agreement - charged with a lesser offense so they can stay out of court)

Petit Jury Trial jury Decides guilt/innocence Smaller # of members

The Trial Jury selection occurs Opening statements Introduce evidence Closing statements Instructions to the jury Deliberations Court’s judgment

Sentencing Judge decides the punishment. There are certain guidelines and penalties that come with each crime. 1. Fines 2. Imprisonment Indefinite/indeterminate sentences Definite/determinate sentences Mandatory sentence 3. Death Penalty

Death Penalty Discussion What are your opinions about the death penalty? What about people who are mentally challenged? What about people who are under aged?

Juvenile Cases Detention Hearing Adjudicatory Hearing Dispositional Hearing

Decision Time After the adjudicatory or dispositional hearing the judge decides the outcome. 3 Ways to Settle: Offender returns home Offender goes to an agency/foster home Offender goes to a training school or reformatory.