The Court System Chapter 2

The Federal Court System Jurisdiction: The power and authority given to a court to hear a case and to make a judgment Federal Courts: Actions in which the United States or one state is a party, except those actions between a state and its citizens Cases that raise a federal question

Diversity of Citizenship: Cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000 Admiralty cases, or those pertaining to the sea Patent and copyright cases Bankruptcy cases

District Courts Original Jurisdiction: Trying a case the first time it is heard

Courts of Appeals Appellate Courts: Intermediate Courts: Court of appeals Intermediate Courts: Courts between lower courts and the highest courts Appellate Jurisdiction: Any party to a suit decided in a federal district court may appeal to the federal court of appeals in the circuit where the case was tried

Special U.S. Courts Includes: Suits against the federal government Disagreements over taxes on imported goods Disputes between taxpayers and the Internal Revenue Service

Supreme Court Have original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party Most cases are appellate jurisdiction The Court also decides, a vote of 4 out of 9, which additional cases it will hear from the U.S. courts of appeals or the state supreme courts

State Court Systems Local Trial Courts: General Trial Courts: Limited Jurisdiction: They handle minor matters, such as misdemeanors and civil actions involving small amounts of money General Trial Courts: General Jurisdiction: Handle criminal and civil cases

Special Courts: Domestic Relations Courts: Juvenile Courts: Divorce, annulment, dissolution, distribution property at the end of marriage (including alimony and child support) Juvenile Courts: Delinquent Child: A minor under a certain age (generally 16-18) who has committed an adult crime Unruly Child: Generally a minor who has done something inappropriate that is not considered an adult crime, such as violating curfew, skipping school, or using tobacco

Intermediate Appellate Courts Neglected or Abused Child: One who is homeless, destitute, or without adequate parental care May try child as an adult usually after age 14. Intermediate Appellate Courts Hear appeals from courts of general jurisdiction Example 2 Page 33 Supreme Courts The highest court in most states They look for errors, do not retry

Court Systems in the United States Figure 2.1, Page 32

Trial Procedures The government brings criminal cases for offenses committed against the public at large Individuals who believe they have been injured initiate civil cases This can be a very expensive process, so hear are some alternatives

Alternative Dispute Resolution Alternative Dispute Resolution (ADR): An increasingly popular process that occurs when parties try to resolve disagreements outside of the usual adversarial system by using creative settlement techniques

Reactive Methods Mediation: Arbitration: Happens when the parties to a dispute invite a third party into the decision-making process to help them find a solution Arbitration: Happens when the parties actually transfer the power to settle their dispute to a third party

Early Neutral Evaluation (ENE): Med-arb: Combines the best aspects of mediation and arbitration Early Neutral Evaluation (ENE): An evaluator examines the facts and the law, makes an impartial evaluation of the legal rights of each party, and determines the amount of the award

Summary Jury Trial: Private Civil Trial: A summary jury trial is a short trial that runs less than a day before a real jury, which then comes up with a verdict. Private Civil Trial: In a private civil trial, the parties can hold the trial at a time and a place of their own choosing

Proactive Methods Partnering: Settlement Week: Involves a process by which the parties to a long and involved contract agree to meet to get to know one another in advance Settlement Week: A court’s docket is cleared of all business except for settlement hearings

Negotiated Rules Making: An agency that is about to create a new rules or revise existing rules meets with the parties who will be affected by the new rules Science Court: Acts as a forum for disputes involving scientific and technological controversies

Pleadings Civil trials begin with the pleadings, formal papers filed with the court Complaint: Express the plaintiff’s allegations, or claims Answer: The defendant’s response to those allegations

Pretrial Hearing Before the actual trial takes place, an informal meeting before a judge happens to discuss matters and try to dispose of the case

Steps in a Jury Trial Selecting a Jury Opening Statements Plaintiff’s attorney goes first Introduction of Evidence Closing Arguments Instructions to the Jury Verdict and Judgment

Verdict: Decision (variations from state to state as the the number of jurors who must agree to reach a verdict) Judgment: The court’s determination or decision in the case

Remedies Specific Performance: Injunction: Where the plaintiff may want the defendant to do what he or she promised in a contract Injunction: An order to stop the defendant from performing an action

Execution of Judgment Once the court determines a winner and a loser, the judgment of the court must be carried out

Criminal Trial Procedure Arrest of the Defendant Arrest: Occurs when a person is deprived of his or her freedom Rights of the Defendant: Miranda Rights Telephone Call Bail: Money or other property that is left with the court t assure that a person who has been arrested will return to trial Search and Seizure:

The Arraignment: Indictment: Arraignment: Issued if a jury decides a crime has been commited Arraignment: Defendant is read the information (formal charges) and pleads either guilty or not guilty If they plead guilty the judge then impose the sentence If they plead not guilty the proceeds to trial

The Trial: Just like a civil court but the jury must be unanimous in their decision – either guilty beyond a reasonable doubt, or not guilty A mistrial is called if the jury cannot agree Sentencing Fines: Payment of money Imprisonment:

Disposition of Juvenile Cases: Require Three Phases: The jury determines whether the defendant is guilty The judge or jury listens to attorneys’ arguments 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 state’s highest court Disposition of Juvenile Cases: Detention Hearing: Learn whether there are good reasons to keep the accused in custody

Figure 2.7 Generally settled in one of three ways: Probation Placed in an agency or foster home Training or reform school (last resort, when other two have failed) Figure 2.7

Assignment