JUDICIAL BRANCH

LEARNING OBJECTIVE I can describe the TYPES OF LAWS

TYPES OF LAW Constitutional Law Stated in U.S. or States Constitution Statutory Law Laws passed by Legislative bodies Administrative Law Rules, orders and regulations imposed by Executive officers Common Law Unwritten law determined by judges through court rulings Equity Stops unfair situations from occurring BEFORE it happens

LEARNING OBJECTIVE I can describe the difference between CRIMINAL AND CIVIL CASES

CRIMINAL VS. CIVIL LAW Criminal Law Regulates human conduct Defines actions that are crimes and punishes them Felony Greater offense Heavy fine, jail time, death Murder, robbery, assault, kidnapping Misdemeanor Lesser offenses Small fine and/or short jail time Traffic violation Civil Law Disputes between private persons or government not covered by criminal law Divorce, custody, torts (damage caused by someone), contracts

LEARNING OBJECTIVE I can describe the different JURY SYSTEMS and HOW JURORS ARE CHOSEN

JURY SYSTEM Grand Jury Decides if evidence is sufficient to justify a trial Prosecutor presents witnesses and evidence Jurors can ask questions Takes 9 of 12 to agree to indict (formally bring charges) Petit Jury (aka Trial Jury) Hears evidence and decides disputed facts Innocent until proven Guilty – Must be Unanimous in Ohio If cannot agree unanimously Hung Jury Bench Trial – Misdemeanors Judge alone decides fate Ohio – Can waive jury trial and have Bench Trial

JURY SELECTION Clerk of Court randomly chooses Chosen get “Served” document telling when and where to appear Failure to appear results in Warrant for Arrest Contempt of Court Can be excused for certain reasons Financial Hardship, Illness, Job Vital to Public Interest

LEARNING OBJECTIVE I can describe how the judicial branch in Ohio is ORGANIZED

JUDICIAL BRANCH ORGANIZATION Lowest Level Justice Court Justices of the Peace – Popular Vote Found in Rural area or Small Towns Misdemeanors, Marriage, Small Civil (Few Hundred) Magistrate Court Magistrate – Popular Vote Found in Urban Area Misdemeanors, Marriage, Small Civil (Few Hundred)

CONTINUED 2 nd Level – Courts of Common Pleas (1 in every county) Divided into Type of Case Municipal and County Courts (only necessary if no municipal court) Preliminary Felony hearings Misdemeanors Civil disputes less than $15,000 Probate Courts Wills, estates, guardianships, issue marriage licenses, adoption Juvenile Courts – also for PROTECTING children Cases involving persons under 18 committed a crime Unruly, dependent and neglected children Adult cases involving paternity, child abuse, nonsupport, contributing to delinquency of minors and failure to send children to school Domestic Relations Division Divorce, dissolutions, annulment, legal separation, spousal support, and custody General Trial Courts Felony cases, civil cases which amount is more than $15,000

CONTINUED 3 rd Level – Court of Claims Hears case of Civil Action against State of Ohio or any State Agency Courts of Appeals Hear appeals from Common Pleas, Municipal and County Courts 3 judge panel 12 Courts

CONTINUED Highest Level Ohio Supreme Court (7 judges, 1 court) “Court of Last Resort” Hears appeals from 12 Courts of Appeals, Death Penalty, Questions of U.S. Constitution or Ohio Constitution, cases of conflicting opinions from 2 or more lower courts Determine Law License Can suspend or prohibit someone within state from getting license if wrong doing

JUDGE QUALIFICATIONS Age No Restriction Must retire at 70 years of age Experience Must have been practicing attorney for 6 years Chosen Popular Vote Term 6 Year Term No Term Limit