COURTS
DUAL COURT SYSTEM FEDERAL STATE
FEDERAL COUNTERFEITING KIDNAPPING SMUGGLING DRUG TRAFFICKING
STATE COURTS FOR EVERY ONE FELONY CONVICTION IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT
JURISDICTION THE GEOGRAPHIC TERRITORY OR LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURT’S AUTHORITY
FEDERAL VS STATE
STATE COURT STATE SUPREME COURT STATE COURT OF APPEALS TRIAL COURTS/DISTRICT COURTS (GENERAL JURSDICTION) TRIAL COURTS/LIMITED JURSDICTION MUNICIPAL COUNTY CONCILIATION COURTS—UP TO $10,000
JUDGES EXPECTED TO EMBODY JUSTICE Six methods of selection Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods
STATE OF MN NONPARTISAN—PARTY AFFILIATIONS ARE NOT LISTED ON THE BALLOT
MINNESOTA JUDGES SUPREME COURT-7 COURT OF APPEALS-19 DISTRICT COURTS JUDGES-289
JOB REQUIREMENTS LAWYER UNDER THE AGE OF 70 ELECTED TO 6 YEAR TERMS IF APPOINTED BY THE GOVERNOR— SERVE AT LEAST ONE YEAR BEFORE AN ELECTION
DISTRICT COURTS TEN DISTRICTS 2 ND —RAMSEY COUNTY 4 TH —HENNEPIN COUNTY 10 TH —WASHINGTON COUNTY 10 JUDGES
MN TEN DISTRICT COURTS
MINNESOTA SUPREME COURT CHIEF JUSTICE LORIE SKJERVEN GILDEA ESTABLISHED IN 1849 MN BECAME A STATE IN1858
MN SUPREME COURT
FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY
DECISION???
MN COURT OF APPEALS 19 JUSTICES FINAL RULING 95% OF ITS CASES TO MAKE IT MORE EFFICIENT THE JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE
AKA: APPELLATE COURTS THEIR JOB IS TO REVIEW THE DECISIONS OF LOWER COURTS
U.S. SUPREME COURT 9 JUSTICES—NUMBER SET BY SENATE JOHN G. ROBERTS—CHIEF JUSTICE SINCE 09/2005 APPOINTMENT FOR LIFE APPOINTED BY THE PRESIDENT
JUSTICE JOHN G ROBERTS
U.S. SUPREME COURT
SUPREME COURT IS KNOWN AS: THE COURT OF LAST RESORT
WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995
U.S. STATE ATTORNEY Minnesota Criminal Division Civil Division Administrative Division Community Relations Division
CRIMINAL DIVISION ECONOMIC CRIMES Investment Banking Public Corruption NARCOTICS Works with DEA, IRS, FBI
MAJOR CRIMES Bank Robberies Counterfeiting Crimes on the Red Lake and Bois Forte Indian Reservations
CIVIL DIVISION TORT ACTIONS Agent sued Medical Malpractice Wrongful Death
U.S. ATTORNEY GENERAL Part of Cabinet---Department of Justice Appointed by President Eric Holder Jr. Appointed 02/03/2009
MN ATTORNEY GENERAL Chief legal officer for the State of Minnesota Chief policy maker in areas of Consumer protection Health Care Housing Utilities
Lori Swanson Elected in 2006 First female MN AG
PROSECUTORS District Attorney State’s Attorney County Attorney Commonwealth Attorney
WASHINGTON COUNTY ATTORNEY PETE ORPUT
Other duties Legal Advisor to Police Departments Guide Police Investigations Close Working Relationship
DISCRETION Prosecutorial Discretion Lies in the power to charge, or not to charge, a person with an offense
TRIAL The examination in a court of the issues of fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant
48 HOUR RULE Arrested without a warrant Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest
Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included.
36 HOUR RULE/RULE 5/BAIL Arrested without a warrant---must be brought before the judge no later than 36 hours after arrest
Computation does NOT include the day of arrest, Sundays or legal holidays.