State and Local Governments Lesson 4 State Courts

State and Local Governments Lesson 4 State Courts Learning Objectives Identify and define the kinds of law applied in State courts. Compare and contrast criminal law and civil law. Describe the types and purposes of juries and juror selection. Explain how State courts are organized and describe the work that each type of court does. Examine and evaluate the different methods by which judges are selected among the States.

State and Local Governments Lesson 4 State Courts Key Terms constitutional law contract Statutory law jury Administrative law information Common law petit jury precedent bench trial equity Justices of the peace Criminal law warrant felony preliminary hearing misdemeanor Magistrates civil law appellate jurisdiction Tort Missouri Plan

State Courts and the Law The principal function of the State courts is to decide disputes between private parties and between private parties and ________________. In addition, because nearly all of these courts have the power of judicial review, they act as checks on the conduct of all other agencies of both State and local government.

State Courts and the Law Common Law Equity ____________________________ Civil Law

State Courts and the Law Trial by ________________ is a fundamental part of the rule of law in all States.

State Courts and the Law Previous court rulings often serve as the ___________________during a judge’s deliberations on a case. Analyze Charts How did previous cases inform the Allegheny v. ACLU ruling?

State Courts and the Law A criminal defendant can be arrested and detained in jail even before trial, but a civil defendant is never ________________. Analyze Charts Why don't those convicted of civil crimes serve prison time?

Understanding the Jury System A jury is a body of persons selected according to law to hear evidence and decide questions of fact in a court case. There are two basic types of juries in the American legal system: (1) the ___________________jury and (2) the petit jury.

Understanding the Jury System The Grand Jury Filing Formal Charges The ___________________ Jury Selecting Jurors

Understanding the Jury System In petit jury cases, the _______________ of the jury is selected by the jury members to be their spokesperson. He or she reads the final verdict before the court at the conclusion of the case.

How the State Courts Are Organized They deal with everything from traffic tickets to _______________, from disputes over nickels and dimes to settlements involving millions. They are the State and local courts and the judges who sit in them. Here, you will look at the way these courts are organized and how they conduct their business.

How the State Courts Are Organized Local Trial Courts Municipal Courts ______________________ Courts General Trial Courts Courts of Appeal State Supreme Courts Unified Court Systems

How the State Courts Are Organized The origin of the justice of the peace dates back to 1195. The term itself was first used in an _____________law passed in 1361. Justice of the peace courts were later established across the U.S.

How the State Courts Are Organized Juvenile courts arose from decades of struggle at the State level. Analyze Timelines Why do you think reformers sought separate ____________________ for young people?

How the State Courts Are Organized States rely on either unified or _________________ based court systems. Analyze Maps What overall patterns does the map show about State court systems?

How Judges Are Selected Clearly, the quality of any court system—indeed, the quality of justice itself—depends in large measure on the selection of __________________, well-trained judges. More than 22,000 judges and another 9,000 judicial officers (magistrates, JPs, associate judges, and so on) now sit in the States’ various trial and appellate courts. Nearly all of them came to office in one of three ways: (1) by popular election, (2) by appointment by the governor, or (3) by appointment by the legislature.

How Judges Are Selected Election or Appointment? The ____________________ Plan—A Mixed Approach

How Judges Are Selected Voters show their support for ______________for 49th district court judge before election day in Laredo, Texas.

How Judges Are Selected Justice Nadeau believes that judges require _____________________ attributes in addition to professional skills. Analyze Information What other characteristics do you think a judge needs?

Quiz: State Courts and the Law Which of the following is an example of a misdemeanor? A. breaking into and entering someone's home B. exceeding the posted speed limit C. setting fire to a place of business D. assaulting another person

Quiz: Understanding the Jury System Why is the information often used in many States for minor offenses, and sometimes even for major offenses? A. An information is more thorough and accurate than a grand jury. B. An information is less costly and less time-consuming than a grand jury. C. An information is more likely to result in a conviction than a grand jury. D. An information is less often influenced by the views of the judge than a grand jury.

Quiz: How the State Courts Are Organized Which would a justice of the peace be authorized to do? A. hear an appeal from a lower court B. conduct a civil case involving millions of dollars C. conduct a felony case D. perform a marriage

Quiz: How Judges Are Selected Which of the following is an argument for selecting judges by popular election? A. Judges interpret and apply the law for the people. B. It is easier to hold an election than to go through the appointment process. C. Judges will be influenced to carry out a political party's platform. D. The courts write the laws for the people.