The Judicial System: Interpreting the Law GA Studies

Two Types of Courts Trial Court: people’s actions are measured against the law Trial Court: people’s actions are measured against the law Two ways decision are made: Two ways decision are made: Jury trial Jury trial Judge decides Judge decides Appellate Court: looks over judgments made by trial courts Appellate Court: looks over judgments made by trial courts If a person thinks a mistake was made in their trial, they can appeal to an appellate court If a person thinks a mistake was made in their trial, they can appeal to an appellate court Appellate court decides if a mistake was made Appellate court decides if a mistake was made No jury trials No jury trials

Jurisdiction Geographical area over which a court has authority Geographical area over which a court has authority Kinds of cases a court can judge Kinds of cases a court can judge

Selection of Judges Three ways: Three ways: Partisan Election: person runs for judge as member of political party Partisan Election: person runs for judge as member of political party Election can be at local, county or state level Election can be at local, county or state level Nonpartisan Election: candidates are not associated with party Nonpartisan Election: candidates are not associated with party Election can be at local, county or state level Election can be at local, county or state level Appointed by higher level judge Appointed by higher level judge

Types of Law seen in Trial Courts 1. Civil Law: Person or group of people complains that someone has done them wrong. Plaintiff: person who files complaint Plaintiff: person who files complaint Defendant: person accused of doing something wrong Defendant: person accused of doing something wrong If the plaintiff is successful in the case, the defendant will usually have to pay monetary damages If the plaintiff is successful in the case, the defendant will usually have to pay monetary damages

Types of Law seen in Trial Courts 2. Criminal Law: the government (local, state or federal) claims a person has committed a crime Prosecutor: government Prosecutor: government Defendant: person accused of crime Defendant: person accused of crime If government can successfully prosecute the case, person will be found guilty and punished If government can successfully prosecute the case, person will be found guilty and punished Punishment can be fine, jail or both Punishment can be fine, jail or both

Classes of Courts Appellate Courts: Judges chosen by people in state-level nonpartisan elections Appellate Courts: Judges chosen by people in state-level nonpartisan elections Supreme Court (highest) Supreme Court (highest) Court of Appeals (handles appeals from superior, state and juvenile court cases) Court of Appeals (handles appeals from superior, state and juvenile court cases)

Classes of Courts Trial Courts: (how judges are chosen listed with each) Trial Courts: (how judges are chosen listed with each) Superior Courts (civil, misdemeanor & felony cases) – Jury Trials- Nonpartisan election (circuit) Superior Courts (civil, misdemeanor & felony cases) – Jury Trials- Nonpartisan election (circuit) State Courts (misdemeanor, civil & traffic violations) – Jury Trials- Nonpartisan election (county) State Courts (misdemeanor, civil & traffic violations) – Jury Trials- Nonpartisan election (county) Probate Courts (handle wills, inheritances, marriage & farm licenses) – Jury Trials in small counties – Partisan elections (county) Probate Courts (handle wills, inheritances, marriage & farm licenses) – Jury Trials in small counties – Partisan elections (county) Magistrate Courts (arrest & search warrants, small civil cases) – No Jury Trials- Nonpartisan elections Magistrate Courts (arrest & search warrants, small civil cases) – No Jury Trials- Nonpartisan elections Juvenile Courts (juvenile cases) – No Jury Trials – Judges appointed by Superior Court Judges Juvenile Courts (juvenile cases) – No Jury Trials – Judges appointed by Superior Court Judges

Settling Disputes Peacefully Often cases can be settled out of court without a judge or attorney, but with the use of a mediator (third party with no interest in the problem) Often cases can be settled out of court without a judge or attorney, but with the use of a mediator (third party with no interest in the problem) A mediator helps both sides reach a compromise by using problem solving and communication skills to come to an agreement A mediator helps both sides reach a compromise by using problem solving and communication skills to come to an agreement It is important to realize that words can often solve a problem (without force or weapons) It is important to realize that words can often solve a problem (without force or weapons)