A Dual Court System

 Parts:  Jamila  Daniel  Peggy  Trai  Mrs. Martinez

 What is a court case you have seen on T.V. lately?  What kind of a court was the case tried in?

U.S. System of Justice has two major parts 1. Federal System 2. State Court System

 Jurisdiction:  Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment.  Original Jurisdiction:  Original Jurisdiction: Meaning they try a case the first time it is heard.  Appellate Jurisdiction  Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried  General Jurisdiction:  General Jurisdiction: meaning they handle criminal and civil cases. (Commonly known as the Court of Common Pleas)  Limited Jurisdiction:  Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

Diversity of Citizenship: 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

 Hear cases involving or have jurisdiction over “responsible for”:  Federal matters (Example 1, pg. 28)  Citizenship matters United States Supreme Court 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Court) US District CourtsMany Federal Agencies Court of Appeals for Federal Circuit Specialize Federal Courts

United States Supreme Court State Supreme Court Appellate Courts General Trial Courts Commonwealth Lower Trial Courts Court of Common Pleas

ORIGINAL Have ORIGINAL Jurisdiction: first time  Cases that arise for first time under ▪ The Constitution ▪ U.S. law ▪ U.S. treaties ▪ Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.

 Also have GENERAL Jurisdiction  Lowest Level of federal court system. Most federal cases start in U.S. District Courts.  Power to determine the facts and to make initial determinations.  Both civil and criminal cases

 Hear appeals and review cases from lower courts  Have appellate jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies  Only questions of law can be raised on appeal, not questions of fact or call witnesses  Review transcripts, appellate briefs, and oral arguments from attorneys

 Hear appeals from general trial courts  Review decisions of lower courts when party claims error during proceedings  Usually a panel of three (3) judges

Special Courts  Designed by Congress  Have Jurisdiction over:  Suits brought by citizens against the federal government  Disagreements over taxes on imported goods  Disputes between tax payers and the IRSExamples:  US Claims Court (Against government)  US Court of International Trade (Tariffs and import taxes)  US Tax Court (Tax laws)  Territorial Courts (All US Territories)  Court of Military Appeals (Court martials)

 Highest Court in the Land  Has both original and appellate jurisdiction  Original: cases over ambassadors, public ministers, and consuls or those in which the state is a party  Appeal: All cases on appeal from US Courts or State Supreme Courts  Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices)

 Highest court in the state  Chooses the cases it hears  By vote of at least four (4) Judges

 State Trial Courts  General original jurisdiction: Criminal and civil matters  Known as circuit courts or superior courts  “Court of record”- keeps an exact account of what goes on at trial ▪ Records: transcripts of what was said, evidence submitted, statements, determinations of court officials, and judgment of the court  State Court of Appeals  Panel of judges evaluates the record, briefs, and oral arguments.

 County Trial Courts  General original jurisdiction: Criminal and civil matters  Known as Court of Common Pleas and court of record Such courts hear minor criminal cases, state traffic offenses, and lawsuits in which relatively small amounts (Usually no more than $25,000)  Municipal Courts  Limited jurisdiction  Usually divided into traffic, criminal, and minor individual suits  Disputes in which small amounts, generally less than $2,500 or less are involved  Attorneys are required in small claims courts

 Probate Courts  Property of deceased  Adoptions  Domestic Relations Court  Divorce, annulment, distribution of property, alimony and child support  Juvenile Courts

delinquent child  A delinquent child is a minor who has committed an adult crime. unruly child  An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime. neglected or abused child  A neglected or abused child is one who is homeless, destitute, or without adequate parental care. ▪ He or she may become a ward of the state.

 Vocabulary, Chapter 2, Section 1  Supplemental Worksheet  Enrichment Worksheet

In which court will these case most likely be tried? 1. Bankruptcy 2. Dispute between U.S. taxpayer and the IRS 3. Violation of curfew by a teen

jurisdiction 1. What does jurisdiction mean? 2. Which vocabulary word for section 1 would fit this scenario?  If a 13-year-old- girl were found living in an abandoned mobile home, how might she be distinguished in a juvenile court?

 Have any of your parents or anyone that you know ever been called to serve as a juror?  What type of case was heard and what was the verdict in the case?

 Have you or your family ever had a disagreement with someone?  How did you or your family handle it?  Did you seek the help of a 3 rd party?  What was the final course of action?

Civil Trial Procedures vs. Criminal Trial Procedures

 Begins with the injured filing a complaint  Starting a civil case can be expensive so many look for other ways to handle disputes

 Quick and Inexpensive  Classified in 2 ways Reactive method:  1. Reactive method: used after a dispute has arisen Proactive method:  2. Proactive method: used before a dispute arises  See Figure 2.2, page 35

Pleadings  1. Pleadings ▪ Complaint ▪ Answer. Discovery (gathering evidence)  2. Discovery (gathering evidence) ▪ Depositions ▪ Interrogatories ▪ Request for documents ▪ Physical and mental exams ▪ Requests for admission  Sometimes the case can settle during these 2 phases, if not…

 Listed for Trial  A pretrial hearing is held to simplify issues and discuss matters that might help dispose or get rid of the case.  If the case is not thrown out…it gets listed for a jury trial.

1. Selecting the Jury – voir dire voir dire 2. Opening Statements – Plaintiff’s attorney goes first 3. Introduction of Evidence 4. Closing Arguments – Plaintiff’s attorney goes first 5. Jury Instructions 6. Verdict and Judgment

remedy  If the defendant is found guilty, the plaintiff is entitled to a remedy.  Payment  Specific Performance  Injunction  The court makes sure the execution of judgment is carried out.

Arrest  Rights of the Defendant ▪ Miranda warnings ▪ A telephone call ▪ Bail – sometimes ▪ Remain silent ▪ Attorney – court appointed if can not afford ▪ Fair trial ▪ Presumed innocent until proven guilty

Search and Seizure 2. Search and Seizure  Search warrant needed under normal circumstances and may be limited to only the area mentioned in the warrant ( Example 3, page 44)  *Not needed if person is arrested*  **School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**

. Charges 3. Charges  A. Felonies ▪ Crime punishable by confinement for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death ▪ Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies  B. Misdemeanor ▪ Less serious crimes that are punishable by confinement in a county or city jail for less than one year, by fine, or both. ▪ Disorderly conduct, speeding, littering, and parking violations

Arraignment 4. Arraignment  Indictment  Arraignment – asked to plead ▪ Guilty or Not Guilty ▪ Guilty – sentenced – fine, imprisonment, death ▪ Not Guilty- goes to trial

 Juvenile Court  Dispositional Hearing (1 st Step)  Dismissed or Adjudicatory Hearing ▪ Home on probation ▪ Agency or foster home ▪ Training or reform school ▪ Pay with money, work or both  The juvenile court system is designed so that each case and special circumstances are considered individually.

 Disposition of Juvenile Cases  The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.  An investigation is begun into the minor’s background and home life.

 Disposition of Juvenile Cases  Delinquent child-  Delinquent child- is a minor under a certain age (16-18) who has committed an adult crime.  Unruly child-  Unruly child- a minor who has done something inappropriate that is not considered an adult crime. (Violating curfew, skipping school, or using tobacco)  Neglected/abused child-  Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)

 Statue of Limitations  State laws specifies the time within which a contract may be legally enforced.  Statue of Frauds  State law require that certain contracts be evidenced by a written document.

 Joseph, age 16, robbed a local grocery store, stealing several cartons of cigarettes. Would he be considered a delinquent child to the courts?  Why or why not?

 Do you agree that people under 18 should be tried as an adult if they commit certain crimes?

 Workbook  Exam (Next Class)  Due:  Vocabulary  Packet