Business Law Understand the structure of the U.S. Court System Objective 1.02 Court Systems & Trial Procedures

Dual Court System Federal Court System State Court System

Federal Court System Derives from Article III of US Constitution Governs over cases concerning federal matters Governs over cases concerning diversity of citizenship There are 13 Judicial Courts 12 Circuit Courts of Appeal – Geographically Located 1 Federal Circuit Court of Appeal – Special Cases There are 94 federal district courts

Authority to hear a case and make a decision Jurisdiction Authority to hear a case and make a decision Supreme Court Decisions

Federal Jurisdiction Actions in which the U.S. is a party Cases that raise a federal question Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states Admiralty, Patents, Copyrights, and Bankruptcy Cases

Federal Court System US Supreme Court Highest court Has both Original and Appellate Jurisdiction Original jurisdiction Ambassadors, public ministers, cases in which the state is a party Appellate jurisdiction – most important function Handle appeals from lower court cases Appeal granted if four of nine judges agree to appeal

Federal Court System US Supreme Court (cont.) Chief Justice Eight(8) Associate Justices Nominated by the President Appointment made by Senate Constitution – Article III

Federal Court System US Court of Appeals appellate jurisdiction over the district courts, certain specialized federal courts and many Federal agencies. do not accept any new evidence or call witnesses. review the trial transcripts, legal briefs and oral arguments from attorneys. 13 Federal Courts of Appeal - 12 of these are Circuit Courts and each is assigned a geographic area of the U. S. Thirteenth cCourt is assigned to the federal circuit handles appealed patent cases from district court handles appeals from courts with special jurisdictions.

Federal Court System US District Courts lowest level of Federal court with general jurisdiction first to hear the dispute in the Federal system power to determine the facts and make initial determinations original jurisdiction on Federal cases that fall under the Constitution, U. S. Law and U. S. treaties and between a U. S. citizen and a foreign nation or a foreign citizen. Blackboard: Fed. Court Syst. T/F

NC State Court System N. C. Supreme Court state’s highest court Chief Justice and six(6) associate justices decide cases appealed from lower courts, including from the Court of Appeals. no jury makes no determinations of fact considers only questions of law means resolving a party’s claim that there were errors in legal procedures or in judicial interpretation of the law in the trial court or the Court of Appeals.

NC State Court System N. C. Court of Appeals intermediate appellate court Created by the Supreme Court fifteen judges sit in panels of three(3) to hear cases Chief Judge of the Court of Appeals appointed by the Chief Justice of the Supreme Court decide only questions of law

NC State Court System N. C. Superior Court Trial court divisions Determine the facts of cases general trial jurisdiction “Sits” or holds court at least twice a year in each county of the state In busy counties, may hold several sessions each week.

NC State Court System N. C. District Court Magistrates’ Court Trial court to determine the facts of cases Magistrates’ Court both civil and criminal matters Civil – redress – compensation, restitution Criminal – punishment – detriment to crimes preside over “small claims "court conduct certain preliminary proceedings and are authorized to dispose of some criminal cases by pleas of guilty or by trial.

State Court System Civil Court Criminal Court civil jurisdiction of the trial court divisions the superior court and district court is concurrent – can be filed in either court Criminal Court criminal jurisdiction depends on the type of offense charged with a few exceptions, the superior court has exclusive jurisdiction over all felonies.

State Court System Juvenile Court exclusive, original jurisdiction over all juvenile cases children under the age of sixteen who are accused of being “delinquent” and children under the age of eighteen who are “undisciplined,” “abused,” “neglected” or “dependent.” all records of juvenile proceedings are confidential and not open to the public.

Trial Procedures Criminal Cases Arrest Rights of Defendant a person(Defendant) who has allegedly committed a felony offense or a serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons. Rights of Defendant Miranda vs. Arizona - constitutional right What am I being arrested for? Right to a lawyer at no cost Right to say nothing Search and Seizure Must have warrant or permission Allowed limited search (frisk) Police can search or impound property if they have reason to believe (probable cause) that something illegal is in the car

Trial Procedures Criminal Cases Initial Bail the arrested person is taken before a magistrate and based on the charge, circumstances and the offenders prior criminal record, the magistrate sets an initial bail-bond amount in order for the person charged to be released

Trial Procedures Criminal Cases Arraignment/Initial Hearing Grand Jury the charged person is brought before a judge to determine probable cause to have the case heard by a grand jury for possible indictment (if a felony charge). This arraignment is also used to change or set any bail requirements Grand Jury panel of eighteen citizens randomly drawn from the same pool as those selected for jury duty for a trial determine if probable cause exists for the case to go to trial

Civil Trial Procedures Correction / Fine Civil Cases Complainant(Plaintiff) person or entity binging or filing the lawsuit Defendant person or entity against which the lawsuit is brought Complaint initial pleading by which a lawsuit is begun

Civil Trial Procedures Correction / Fine Civil Cases Answer response to a civil complaint Summons issued by the Clerk of Court official notice of the lawsuit Pleadings papers requesting something or responding to a request that are filed in the case, including the complaint and answer

Civil Trial Procedures Civil Cases Pleadings Plaintiff files complaint Clerk issues summons Defendant must answer within time limit Answer is a formal written document admitting or denying complaint

Civil Trial Procedures Civil and Criminal Trial Steps Jury Selection attorneys for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification referred to as Voir dire

Civil Trial Procedures Civil and Criminal Trial Steps Opening Statement beginning of the trial limited to outlining facts set the basic scene for the jurors introduce them to the core dispute(s) in the case provide a general road map of how the trial is expected to unfold

Civil Trial Procedures Civil and Criminal Trial Steps Testimony declaration by a witness under oath, as that given before a court or deliberative body Evidence Presentation Item such as a coroner's report, a weapon in a criminal case or photographs in a civil case that can help corroborate or refute the testimony of other witnesses

Civil Trial Procedures Civil and Criminal Trial Steps Closing Arguments opportunity to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to each sides position Jury Instructions given by the trial judge specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

Civil Trial Procedures Civil and Criminal Trial Steps Jury Deliberation jury is charged to find the defendant guilty or not guilty in criminal case by all 12 members in civil case by the majority of the jurors in a civil trial

Civil & Criminal Trial Steps Verdict/Sentence in a criminal trial the jury must make a decision beyond a reasonable doubt in a civil trial the jury must make a decision by a preponderance of the evidence. in a civil case the verdict is sometimes called a judgment

Court Terms Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court Arrest – Action take when a person is deprived of his or her freedom Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court Contempt of Court – An action that hinders the administration of justice in the court Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $75,000

Court Terms Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime Grand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier court decision when deciding a case with similar circumstances Prosecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal legislatures Statue of Limitations – State laws setting time limit for bringing a lawsuit