AIM: How is the court system structured? DO NOW: What do we mean by “precedent” in relation a legal case?

 English common law  King’s Bench  Jury  Advantages of English common law  Louisiana – the French state  Napoleonic code  After the French Revolution, feudalism didn’t make sense  People could now own property  Code was written, instead of a King’s whim  Trials included the presumption of innocence WHERE DID OUR LAWS COME FROM?

TYPES OF LAW Constitutional lawBased on constitutions Statutory lawEnacted by legislative bodies Administrative lawRule-makings by administrative agencies Civil lawAddresses wrongs done to individuals Criminal lawAddresses wrongs done to society Procedural lawDeals with methods of enforcing legal rights and duties Substantive lawDefines legal rights and duties Business lawRules that apply to business transactions Case LawBased on previous court rulings

What is jurisdiction?  Jurisdiction is the principle that the appropriate court has official power to make legal decisions and judgments JURISDICTION

 You commit an offense in East Hills  Is it East Hills Court?  Is it Nassau County Court?  New York State Court?  United States Federal Court?  Answer: it depends on the offense and the actual location  If it is on a county road, then the county has jurisdiction  The EH Village Court handles mostly ordinances WHO HAS JURISDICTION?

FEDERAL COURT SYSTEM

A Typical State Court System

JURISDICTION So, how is it determined which court has original jurisdiction over a case? Depends on:  Geography: where the crime was committed. State, county and municipal courts have jurisdiction over their territory.  Type of case: civil vs. criminal  Subject matter: family, criminal, intellectual property, probate, etc.  Size of lawsuit (civil cases): small claims is $5,000 max  Age of defendant: e.g. juvenile court  Severity of crime: misdemeanor vs. felony  Type of legal case: original vs. appeal

 What does it mean to appeal a court decision?  Can you always appeal a decision?  Under what circumstances would you not appeal? APPEALS

This is a tale of a young friendship gone horribly wrong. In late May, in the Milwaukee suburb of Waukesha, Wisconsin, two 12- year-old girls allegedly lured a friend into the woods and stabbed her 19 times. Their motivation? They said they wanted to prove themselves worthy of Slender Man, an evil character who lives only on the Internet. Geyser and Weier have been charged as adults for attempted first-degree intentional homicide. Each faces up to 65 years in prison. Why were they charged as adults and not as juveniles? WHO HAS JURISDICTION?

What is the difference between being charged as a juvenile vs. as an adult?  In 41 states, the maximum age of juvenile court jurisdiction is age 17. Seven sates draw the juvenile/adult line at 16 and two states set it at 15.  More constitutional protections in adult court  More severe penalties in adult court  May serve time in adult correction facility WHO HAS JURISDICTION?

How do courts determine how to charge a young defendant as an adult?  Usually involves more serious crimes  Can be used for repeat offenders  Transferred to adult court via “waiver” process WHO HAS JURISDICTION?