Chapter 3 The Court System

The Right to a Jury Trial Jury Jury Why would someone want this? Why would someone want this? Bench Trial Bench Trial Held before judge, no jury Held before judge, no jury Why would someone want this? Why would someone want this?

Jury Selection Voir Dire Voir Dire Challenge for Cause Challenge for Cause Predisposition Predisposition Peremptory Challenge Peremptory Challenge Just because (can’t be racially motivated) Just because (can’t be racially motivated) Clips from “A Time to Kill”, “Runaway Jury” Clips from “A Time to Kill”, “Runaway Jury” Tobacco on Trial Activity Tobacco on Trial Activity

Exemptions from Jury Duty What are some good reasons? What are some good reasons? Legal Focus pg 81 Legal Focus pg 81 You get Paid…. But not much You get Paid…. But not much Checking your progress: pg 81 Checking your progress: pg 81

Hot Debate Page 48 Page 48 Civil or criminal Civil or criminal Alternative courses of action Alternative courses of action

Chapter 3 - Court Systems Dispute Resolution Litigate Federal Courts State Courts Mediate / Arbitrate

Dispute Resolutions Avoiding Court Avoiding Court Mediator – Not Binding Mediator – Not Binding Arbitrator – Legally Binding Arbitrator – Legally Binding Litigate – allow a court to resolve disputes Litigate – allow a court to resolve disputes Court Court Gov’t forum that administers justice under the law Gov’t forum that administers justice under the law

How Courts Settle Disputes Trial Courts Trial Courts Hear, Review evidence Hear, Review evidence Apply Law to reach a verdict (decision) Apply Law to reach a verdict (decision) Original Jurisdiction Original Jurisdiction Power to hear a case for the first time Power to hear a case for the first time Decide question of fact Decide question of fact

How Courts Settle Disputes Appellate Court Appellate Court Reviews Decisions of lower court Reviews Decisions of lower court Do not Determine facts Do not Determine facts Concerned with errors of law Concerned with errors of law Ex: Ex: Appellate Briefs – written arguments Appellate Briefs – written arguments Also hear oral arguments Also hear oral arguments Affirm, Reverse, Amend, Remand Affirm, Reverse, Amend, Remand

Origin of the Federal Court System Where does the Federal Court’s power come from? Where does the Federal Court’s power come from? WYV pg 52 WYV pg 52 What types of cases can the Federal Court’s preside over? What types of cases can the Federal Court’s preside over?

Jurisdiction of the Federal Courts Federal District Court Federal District Court Lowest level of Federal Court Lowest level of Federal Court Original Jurisdiction regarding Original Jurisdiction regarding Constitution, US Law, US treaties Constitution, US Law, US treaties Lawsuits between diff’t states Lawsuits between diff’t states Diversity of citizenship ($75,000) Diversity of citizenship ($75,000) WYV pg 52 WYV pg 52 General vs Specialized Jurisdiction General vs Specialized Jurisdiction

Jurisdiction of the Federal Courts Federal Court of Appeals Federal Court of Appeals No new evidence or witnesses No new evidence or witnesses 13 courts 13 courts 12 geographical, 1 patents 12 geographical, 1 patents US Supreme Court US Supreme Court Original and appellate jurisdiction Original and appellate jurisdiction Writ of certiorari - order to lower court to hand over case records Writ of certiorari - order to lower court to hand over case records In this case pg 54 In this case pg 54

State Court System What’s Your Verdict? What’s Your Verdict? Similar to Federal System Similar to Federal System Three Tiers: Trial, Appeal, Supreme Three Tiers: Trial, Appeal, Supreme No guaranteed right of appeal No guaranteed right of appeal Exception: Capital Murder Exception: Capital Murder

State Trial Courts General Jurisdiction General Jurisdiction Civil & Criminal Civil & Criminal a.k.a. circuit courts a.k.a. circuit courts Court of Record keeps an exact account of the proceedings Court of Record keeps an exact account of the proceedings May review decisions of specialized courts May review decisions of specialized courts Ex: Small Claims Ex: Small Claims

State Courts of Appeal Similar to Federal System Similar to Federal System A panel reviews the records A panel reviews the records Usually three members Usually three members No guarantee of being heard No guarantee of being heard No new trial at this level No new trial at this level

State Supreme Courts Most cases involve only one appeal Most cases involve only one appeal Only the most vital cases Only the most vital cases Original Jurisdiction over impeachment Original Jurisdiction over impeachment

Specialized Jurisdictions Associate Circuit Courts Associate Circuit Courts A.k.a. County Courts A.k.a. County Courts Minor criminal cases, state traffic offenses Minor criminal cases, state traffic offenses Lawsuits < $25,000 Lawsuits < $25,000 Reduce the burden of trial courts Reduce the burden of trial courts

Specialized Jurisdictions City or Municipal Courts City or Municipal Courts Traffic Division and Criminal Division Traffic Division and Criminal Division Reduce state burden on cases w/ overlapping laws Reduce state burden on cases w/ overlapping laws

Specialized Jurisdictions Small Claims Courts Small Claims Courts $2500 or less $2500 or less Juvenile Courts Juvenile Courts A question of ethics pg 57 A question of ethics pg 57 Emphasis on rehabilitation not punishment Emphasis on rehabilitation not punishment Alternatives Alternatives Probate Courts Probate Courts Administer wills and estates Administer wills and estates