Chapter 2

Dual Court System Federal Court System State Court System

Jurisdiction Jurisdiction: The power and authority given to a court to hear a case and to make a judgment

FEDERAL USA is a party to the case Cases that raise a federal question, interpreting the constitution Diversity of Citizenship Cases: citizens from different states (over $75,000) Admiralty Cases (Sea) Patent and Copyright Issues Bankruptcy Cases

Federal Court Cases Mrsmars.submitbox.org Find a Federal Court Case Google “Famous Federal Court Cases” “List of Federal Court Cases” Find a case and submit Name of Case Three sentence summary Why was it held on the Federal Level? USA a Party Patent and Copyright Questioned Constitution Admiralty (at Sea) Diversity of Citizenship Bankruptcy

FEDERAL Three Steps: District Courts Court of Appeals Supreme Court Have Original Jurisdiction: try a case for the first time Court of Appeals AKA: Appellate Jurisdiction: intermediate courts that hear cases from the lower court 13 Judicial circuits Panel of three judges decides by vote Supreme Court Highest Court Hears all cases dealing with constitutionality

Federal Special Courts Claims Court International Trade Tax Court Territorial Courts Military Appeals

Download FEDERAL COURTS GO Go to uscourts.gov Insert TWO Important Facts About Each Level of the Court Upload!

STATE Local Trial Courts General Trial Courts Special Courts Limited Jurisdiction: minor matters, misdemeanors and civil actions with small amounts of money General Trial Courts General jurisdiction: County Court, criminal and civil cases Special Courts Domestic Relations Court Juvenile Courts Delinquent child Unruly child Neglected or abused child

Neglected or Abused Child Juvenile Court Delinquent Child Unruly Child Neglected or Abused Child

STATE Intermediate Appellate Courts Supreme Courts

JURISDICTION Type of Jurisdiction Original Appellate Limited General

Trial Procedures CIVIL CRIMINAL

The Litigation Process Avoid Litigation Commencing an Action Preparing for Trial Trying the Case Executing a Judgment

Civil Trial Injured Party Files Complaint w/Court Brings Case to Attorney Lawyer Investigates Case

Pleadings: Plaintiff Makes Complaint Defendant Issued Summons Complaint: Allegations or Claims Defendant Issued Summons Defendant Must Answer w/in Time Period Allowed Answer: formal written document that admits or denies each claim and states any defenses

Steps in a Civil Trial Select the Jury Opening Statements Introduction of Evidence Closing Arguments Instructions to the Jury Verdict (decision) and Judgment Remedies (specific performance or injunction)

Criminal Trial Procedure Arrest of the Defendant Rights of the Defendant Search and Seizure Indictment: Written accusation charging the individual Arraignment: Suspect is reach indictment, asked to plead guilty or not guilty Trial Sentencing Fines Imprisonment Death