The Court System Chapter 2

A Trip to the Courthouse Characters: Mrs. Martinez………….Ms. Walton Thai ………………………Jacoy Jamila ……………………Ironisha Felicia Peggy……………………..Kerisha Daniel ……………………Jacoy Page 27

A Dual Court System Section 2.1 Learning the structure of the court systems in the United States will help you understand how the legal system works.

What You’ll Learn How to determine a court’s jurisdiction. How to explain the structure of the federal court system. How to explain the role of the United States Supreme Court. How to explain the structure of the state court system. How to describe the difference between a juvenile who is unruly and one who is delinquent.

Legal Terms Jurisdiction Diversity of citizenship Original jurisdiction Appellate courts Intermediate courts Appellate jurisdiction Limited jurisdiction General jurisdiction Delinquent child Unruly child Neglected or abused child

The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment. Federal jurisdiction cases are Action which the United States or one state is a party, except those between a state and its citizens Cases that raise a federal question, such interpreting the Constitution. The United States court system of justice has two major parts – the Federal system and the state court system. Federal courts hear cases involving federal matters and matters involving diversity of citizenship.

The Federal Court System Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in the dispute exceeds $75,000. Admiralty cases, or those pertaining to sea Patent and copyright cases Bankruptcy cases

Federal Court System Federal courts are arranged in three steps: US District courts – located throughout the US US court s of appeals, and The Supreme Court of the United States

District Courts District courts have original jurisdiction over most federal court cases. They try a case the first time it is heard Most federal cases begin in one of the US district courts Civil and Criminal

Court of Appeals US court of appeals, also called Appellate courts Intermediate courts Courts between lower and the higher courts They hear appeals and review cases They have appellate jurisdiction, meaning that any party may appeal to the federal court of appeals

Court of Appeals The United States is divided into thirteen judicial circuits. Each circuit has several district courts and one court of appeals A panel of 3 judge is responsible for rending decisions Appellate courts only determine whether the lower court correctly applied the law in the circumstances.

Special US Courts Congress has established several special courts They have jurisdiction in cases such as: Suits brought by citizens against the federal government Disagreements over taxes on imported goods Disputes between taxpayers and the Internal Revenue Service.

Supreme Court The US Supreme Court is the highest court in the land. It has original jurisdiction in all cases involving Ambassadors, consul or other public ministers Cases in which a state is a party Appellate jurisdiction is the court’s main function

Supreme Court The court must hear all cases that involve the constitutionality of a federal law. Decides by a vote of at least 4 of the 9 justices, which additional cases it will hear from the US court of appeals or the state supreme court.

State Court Systems Local Trial Courts General Trial Courts Special Courts Domestic Relations Courts Juvenile Courts Intermediate Appellate Courts Supreme Courts

Local Trial Courts Courts of limited jurisdiction Courts also called Handle minor matters Misdemeanors Civil actions involving small amounts of money Courts also called Justice of the peace Magistrates Traffic Police Municipal

General Trial Courts Each county has at least one general trial court, or court of general jurisdiction. These courts are called County courts Superior courts Courts of common pleas Circuit courts These courts handle criminal and civil cases

Special Courts Domestic Relations Courts handle family or domestic relations. Divorce Annulment and Dissolution proceeding Distribution of property, child support and alimony Special courts have been established to handle specialized cases. For example, probate courts hear cases involving the property of deceased persons.

Special Courts (cont.) Juvenile Courts have special jurisdiction over Delinquent child A minor under certain age (16-18) who has committed an adult crime Unruly child A minor who has done something inappropriate that is not considered an adult crime Violating curfew Skipping school Using tobacco Abused or Neglected child One who is homeless. destitute, or without adequate adult supervision

Intermediate Appellate Courts Intermediate appellate courts hear appeals from courts of general jurisdictions Appeals made if parties feel they did not have a fair trial or the judge do not properly interpret the law State appellate courts hear appeals only on questions of law.

Supreme Courts The highest court in most states is known as the supreme court They decide matters of law appealed from lower courts. They do not retry the case or re-determine facts They decide whether an error was made in the lower courts. This court chooses the cases it hears.

Section 2.1 Assessment Reviewing What you Learned Critical Thinking Activity Journal Activity Legal Skills in Action

Trial Procedure Section 2.2 Learning the alternatives to litigation will help you handle disputes that arise.

What You’ll Learn How to seek alternatives to litigations How to differentiate between civil and criminal cases How to explain the steps in a civil lawsuit How to exercise your rights if you are arrested How to explain the steps in a criminal prosecution How to apply court procedures to juvenile cases.

Legal Terms Alternative dispute resolution Complaint Answer Verdict Judgment Specific performance Injunction Arrest Bail Indictment Arraignment Detention hearing

Civil Trial Procedure

Alternative Dispute Resolution (ADR) ADR can be classified in two ways Reactive methods Proactive Methods Alternative dispute resolution is an increasingly popular process that occurs when parties try to resolve disagreements outside the usual adversarial system by using creative settlement techniques.

Reactive Methods Used after a dispute has arisen Mediation Arbitration Meditation-arbitration (Med-arb) Early Neutral evaluation Summary Jury Trial Private Civil Trial

Proactive Methods Discussed before a dispute arises Partnering Settlement Week Negotiated Rule Making Science Court

Pleadings Formal papers filed with the court by the plaintiff and defendant. Complaint expresses the plaintiff’s allegations or claims The answer is the defendant’s response to those allegations Methods of discovery are use to bring out the facts Depositions Interrogatories Request for documents and other evidence Physical and mental examinations Civil Trial begin with pleading.

Pretrial Hearing Pretrial hearing is an informal meeting before a judge To simplify issues and discuss matter that might help dispose of the case. Before the actual trial takes place, a pretrial hearing usually occurs.

Steps in a Jury Trial Selecting the Jury Opening statement Introduction of Evidence Closing Arguments Instructions to the Jury Verdict and Judgment

Remedies Category of remedies Payment of damages Equitable remedy Specific performance – doing what you promise to do. Injunction – order to stop performing an action When a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy.

Execution of Judgment After a trial determines a winning party the judgment of the court must be carried out

Criminal Trial Procedure

Arrest of Defendant Rights of the defendant Search and Seizure

The Arraignment After a defendant is arrested, evidence is presented to the grand jury. A grand jury conducts preliminary hearing to determine if case should go to trial. If jury decides a crime has been committed , they issue an indictment. The accused is brought to court for arraignment. The accused pleads guilty or not guilty.

The Trial If the defendant request a jury trial Selection of jury Attorney makes opening statement Introduction of evidence Otherwise, the case is tried before the judge who decides the verdict The trial ends with the attorney’s closing arguments and instruction to the jury In a criminal case with a jury, the verdict must be unanimous. A mistrial is called if the jury cannot agree, and a new trial may be held at the option of the prosecution. If the defendant is not guilty, he or she will be released. If guilty, the judge imposes a sentence

Sentencing Fines Imprisonment The Death Penalty laws require three phases: The jury determines whether the defendant is guilty The judge or jury listens to attorneys’ argument and determines the punishment under state laws that clearly set forth factors to be considered in a presentencing hearing An appeal is taken to the states highest court A fine is the payment of money as a penalty for committing a crime, normally a minor crime

Disposition of Juvenile Cases As a first step, the judge usually holds a detention hearing to learn if there are good reasons to keep the accused in custody. The judge may Place the offender on probation Place the offender in an agency or foster home Commit the offender to a training or reform school.

Section 2.2 Assessment Reviewing What You Learned Critically Thinking Activity Legal Skills in Action

Chapter Summary Jurisdiction is the power and authority given a court to hear a case and to make judgment A court with original jurisdiction hears a case tried for the first time in its court. A court with appellate jurisdiction reviews a case on appeal from the lower courts. Court with limited jurisdiction handle minor matters General jurisdiction means that a court has the power to hear most types of cases.

Chapter Summary Federal courts are arranged in three levels: US district courts US court of appeals The Supreme Court of the United States State courts systems consist of Local trial court Courts of general jurisdiction Appellate courts Its own State Supreme Court

Chapter Summary A juvenile delinquent is a child who commits an adult crime. An unruly child is generally a minor who has done something that wouldn’t be a crime committed by an adult A neglected or abused child is one who is without adequate parental care or one who is homeless.

Chapter Summary Review the summary section on Section 2.2 The Trial Procedures page 50. People placed under arrest may exercise their rights in several ways They may remain silent They may call an attorney If they choose to answer questions, they may have an attorney present.