Chapter 2 Exam Review Dual Court System Business Law Chapter 2 Review PPT for Exam Mr. Sherpinsky’s Business Law Class Council Rock School District

A Dual Court System U.S. System of Justice has two major parts Federal System State Court System

Basic Court Terms: Jurisdiction Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment. Original Jurisdiction: Meaning they try a case for the first time it is heard. 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

Basic Court Terms: Jurisdiction General Jurisdiction: meaning they handle criminal and civil cases. (Commonly known as the Court of Common Pleas in Bucks County) Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

Basic Court Terms 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

U.S. District Courts Have ORIGINAL Jurisdiction: Bottom of Federal Court System 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.

U.S. District Courts Also have GENERAL Jurisdiction Lowest Level of federal court system. 13 U.S. Judicial Districts Most federal cases start in U.S. District Courts. Power to determine the facts and to make initial determinations. Both civil and criminal cases

U.S. District Courts 13 U.S. Judicial Districts

Court of Appeals or Appellate Courts 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

Special U.S. Courts 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 IRS Examples: 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)

U.S. Supreme Court 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)

U.S. Supreme Court

State Court Systems State Trial Courts State Court of Appeals 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 Types of 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.

State Court Systems County Trial Courts Municipal Courts General original jurisdiction: Criminal and civil matters Known as Court of Common Pleas and court of record Such courts hear criminal cases, state traffic offenses, and lawsuits in which relatively small amounts 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

Juvenile Courts A delinquent child is a minor who has committed an adult crime. An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime. 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.

Civil Trial Procedures Civil and Criminal Trials begin differently Criminal Cases: Government brings case for offenses against the public at large Civil Cases: Individuals who believe they have been injured initiate challenges Brings a lawsuit can be expensive so alternative have been developed

Steps in a Civil Trial 1. Pleadings 2. Discovery (gathering evidence) Complaint Answer 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…

Steps in a Civil Trial (continued) 3-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.

Steps in a Jury Trial voir dire 1. Selecting the Jury – 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

Verdict and Judgment 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.

Criminal Trial Procedure Arrest (Starts here) 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

Criminal Trial Procedure (continued) 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.**

Criminal Trial Procedure (continued) 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

Criminal Trial Procedure (continued) 4. Arraignment Indictment Arraignment – asked to plead Guilty or Not Guilty Guilty – sentenced – fine, imprisonment, death Not Guilty- goes to trial

Juvenile Cases Juvenile Court Dispositional Hearing (1st 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.

Juvenile Cases Disposition of Juvenile Cases Delinquent child- is a minor under a certain age (16-18) who has committed an adult crime. 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- one who is homeless, destitute or without adequate parental care. (Ward of the state)