1. Chapter 1.2 The Court System and Trial Procedures The Court System and Trial Procedures

2. Bell Ringer #1 Do all cases get resolved in court? Do all cases get resolved in court? Explain! Explain! List different types of courts where cases can be heard. List different types of courts where cases can be heard.

3. Bell Ringer #2 You and a friend are having a dispute about what movie to see. What are some of the ways you might resolve this problem? You and a friend are having a dispute about what movie to see. What are some of the ways you might resolve this problem?

4. Bell Ringer #3 What are the Miranda Rights? (the speech cops give you when you get arrested. To the best of your ability write them down.) What are the Miranda Rights? (the speech cops give you when you get arrested. To the best of your ability write them down.)

5. Dual Court Systems  Federal Courts  State Courts  Federal Courts  State Courts

6. Federal Court Systems  Power comes from Article III of the Constitution.  Jurisdiction - power and authority to hear a case  Power comes from Article III of the Constitution.  Jurisdiction - power and authority to hear a case

7. Jurisdiction of Federal Courts  Cases where the US or a State is a party  Cases that raise a federal question  Diversity of citizenship cases  Admiralty  Patent-right, copyright  Bankruptcy  Cases where the US or a State is a party  Cases that raise a federal question  Diversity of citizenship cases  Admiralty  Patent-right, copyright  Bankruptcy

8. 3 Steps of Federal Courts Step 1 - lowest step - US District Courts Step 2 - middle step - US Court of Appeals Step 3 - highest step - Supreme Court of the United States Step 1 - lowest step - US District Courts Step 2 - middle step - US Court of Appeals Step 3 - highest step - Supreme Court of the United States

9. District Courts  Original Jurisdiction  94 district courts in the US  Original Jurisdiction  94 district courts in the US

10. Court of Appeals  Appellate jurisdiction  Hears cases on appeal  13 judicial circuits  Cases heard by 3 judges, no witnesses, no evidence, no jury  Raise questions of law  Not all cases can be appealed.  Appellate jurisdiction  Hears cases on appeal  13 judicial circuits  Cases heard by 3 judges, no witnesses, no evidence, no jury  Raise questions of law  Not all cases can be appealed.

11. Supreme Court  Highest court in the land  Chief justice and 8 associate justices  Original and Appellate jurisdiction  Hears all cases involving constitutionality of federal law  Decides by a vote of 4/9 justices as to what cases it will hear from court of appeals or state supreme courts.  Highest court in the land  Chief justice and 8 associate justices  Original and Appellate jurisdiction  Hears all cases involving constitutionality of federal law  Decides by a vote of 4/9 justices as to what cases it will hear from court of appeals or state supreme courts.

13. State Court Systems  Local Trial Courts  General Trial Courts  Juvenile Courts  Intermediate Appellate Courts  State Supreme Courts  Local Trial Courts  General Trial Courts  Juvenile Courts  Intermediate Appellate Courts  State Supreme Courts

14. Local Trial Courts  Limited jurisdiction (minor matters)  Types of Local Trial Courts  Justice of the Peace (magistrate courts)  Traffic Court/Police Court/Municipal Court  Special Courts (family disputes, juvenile offenses, small claims)  Limited jurisdiction (minor matters)  Types of Local Trial Courts  Justice of the Peace (magistrate courts)  Traffic Court/Police Court/Municipal Court  Special Courts (family disputes, juvenile offenses, small claims)

15. General Trial Courts  General Jurisdiction  AKA - county courts/superior court/court of common pleas or circuit courts  Trial courts for major civil and criminal cases in each state  Starting point for all cases involving major crimes and large amounts of money.  General Jurisdiction  AKA - county courts/superior court/court of common pleas or circuit courts  Trial courts for major civil and criminal cases in each state  Starting point for all cases involving major crimes and large amounts of money.

16. Juvenile Courts  Special jurisdiction over delinquent, unruly, abused and neglected kids.  Records are sealed  Hearings are informal  No rights for a trial by jury  Cannot be released on bail  Must be proof beyond a reasonable doubt to convict child as an adult  Special jurisdiction over delinquent, unruly, abused and neglected kids.  Records are sealed  Hearings are informal  No rights for a trial by jury  Cannot be released on bail  Must be proof beyond a reasonable doubt to convict child as an adult

17. Intermediate Courts (court of Appeals)  Appeals if parties believe: 1. They didn’t get a fair trial 2. The judge interpreted the law wrong.  Hear appeals on Questions of the Law  No witnesses testify  Hear only arguments from attorney.  Appeals if parties believe: 1. They didn’t get a fair trial 2. The judge interpreted the law wrong.  Hear appeals on Questions of the Law  No witnesses testify  Hear only arguments from attorney.

18. State Supreme Courts  Highest court in the state  Decides matters of law appealed from lower courts  Do not hold second trial  Do not look at facts  Decides only if lower court interpreted the law incorrectly.  Highest court in the state  Decides matters of law appealed from lower courts  Do not hold second trial  Do not look at facts  Decides only if lower court interpreted the law incorrectly.

19. Court of Appeals Happens in the circuit where the case was tried Split into 13 circuits. Us. District Court Each state has at least one! 94 total Supreme Court Washington, DC Federal Appeal Cases State Court Systems Local Trial Courts Lots of them Appellate courts 2/3 state have them Courts of General Jurisdiction Each county has one State Supreme Court 46 States have them

20. Alternative Dispute Resolutions  Resolve a dispute outside of the courtroom  Cuts costs and saves time 4 Techniques are used: 1. Mediation 2. Arbitration 3. Conciliation 4. Negotiation  Resolve a dispute outside of the courtroom  Cuts costs and saves time 4 Techniques are used: 1. Mediation 2. Arbitration 3. Conciliation 4. Negotiation

21. Mediation Advantages  Final decision in the hands of the parties involved Advantages  Final decision in the hands of the parties involved Disadvantages  If done quickly, can highlight the disagreement rather than the points of the agreement. Neutral party (mediator) tries to persuade the parties to compromise.

22. Arbitration Advantages  Decision is in hands of an independent, objective 3rd party  Fair solutions Advantages  Decision is in hands of an independent, objective 3rd party  Fair solutions Disadvantages  People having the dispute have no say in the final decision. Third party settles the dispute.

23. Conciliation Advantages:  Parties are separated, reduces the risk of confrontation. Advantages:  Parties are separated, reduces the risk of confrontation. Disadvantages  Takes more time because of the separate meetings Intermediary doesn’t bring the parties together for a face to face conversation. They are seeking a consensus.

24. Negotiation Advantages  Parties can determine the relative merits of the arguments without going to court.  Parties have a say Advantages  Parties can determine the relative merits of the arguments without going to court.  Parties have a say Disadvantages  Usually leads to litigation  Takes longer Each party has a spokesperson to represent them throughout the process.

25. Procedural Law 2 types: 1. Criminal Law - offenses against the public 2. Civil Law - individuals who feel they have been injured 2 types: 1. Criminal Law - offenses against the public 2. Civil Law - individuals who feel they have been injured

26. Important Civil Statutes  Wrongful Death Statutes - Victim’s families may sue for compensations  Survival Statutes - plaintiff dies, representative of the deceased can continue the case/bring new case  Statute of Limitations - time limit to sue  Wrongful Death Statutes - Victim’s families may sue for compensations  Survival Statutes - plaintiff dies, representative of the deceased can continue the case/bring new case  Statute of Limitations - time limit to sue

27. What types of questions would an attorney ask potential jurors? How would each interfere with the trial?

28. People involved in Civil Cases Plaintiff – person accusing Defendant – person accused Plaintiff – person accusing Defendant – person accused

29. Civil Court Procedures 1.Pleadings 2.Discovery Phase 3.Pretrial Hearing 4.Jury Trial 1.Pleadings 2.Discovery Phase 3.Pretrial Hearing 4.Jury Trial

30. Civil Court Procedures 1.Pleadings - formal papers filed with the court by the plaintiff and defendant. Plaintiff’sCourt issued Defendant’s Complaint summons Answer to defendant

31. Civil Court Procedures 2.Methods of Discovery – different methods used to find evidence. -Both parties are privy to information -Takes less time to try or can settle out of court -If not settled after discovery phase, court clerk places the case on the calendar (court docket) for trial. 2.Methods of Discovery – different methods used to find evidence. -Both parties are privy to information -Takes less time to try or can settle out of court -If not settled after discovery phase, court clerk places the case on the calendar (court docket) for trial.

32. Civil Court Procedures 3. Pretrial Hearing - informal hearing before the judge in an attempt to simplify the issues and discuss matters that might help the case get resolved quicker.

33. Civil Court Procedures 4.Jury Trial Steps in a Jury Trial  Select a jury  Opening Statements  Introduction of Evidence  Closing Arguments  Instructions to the jury  Jury verdict  Court’s judgment 4.Jury Trial Steps in a Jury Trial  Select a jury  Opening Statements  Introduction of Evidence  Closing Arguments  Instructions to the jury  Jury verdict  Court’s judgment

34. Selecting a Jury  Petit Jury - citizens that determine the facts and apply law.  Attorneys ask questions  Look at their backgrounds, educations, experience, relationships, attitudes, employment  Petit Jury - citizens that determine the facts and apply law.  Attorneys ask questions  Look at their backgrounds, educations, experience, relationships, attitudes, employment

35. Opening Statements  Each attorney tells the judge and jury about the case and what they intend to prove  Plaintiff’s attorney goes first  Each attorney tells the judge and jury about the case and what they intend to prove  Plaintiff’s attorney goes first

36. Introduction of Evidence  Real evidence - evidence you can see  Witnesses  Cross-Examine  Real evidence - evidence you can see  Witnesses  Cross-Examine

37. Closing Statements  Wrap up what was discussed during the trial.  State why your client should win.  Wrap up what was discussed during the trial.  State why your client should win.

38. Instructions to the Jury  Judge explains the law to the jury in terms they will understand  Attorneys offer suggestions about instructions to assist the judge  Final charge to the jury is up to the judge.  Judge explains the law to the jury in terms they will understand  Attorneys offer suggestions about instructions to assist the judge  Final charge to the jury is up to the judge.

39. Verdict and Judgments  Jury deliberations  Verdict - decision of the jury  Civil cases - jury finds “in favor” of one party  Varies from state to state on # of jurors that have to agree  After the verdict the court issues a judgment (courts final determination)  Jury deliberations  Verdict - decision of the jury  Civil cases - jury finds “in favor” of one party  Varies from state to state on # of jurors that have to agree  After the verdict the court issues a judgment (courts final determination)

40. remedies  If the defendant is found liable in a civil trial, the plaintiff is granted a remedy. 2 Types 1. Payment of money 2. Action by the defendant - Specific Performance - keep a promise in a contract - Injunction - have the defendant stop doing something  If the defendant is found liable in a civil trial, the plaintiff is granted a remedy. 2 Types 1. Payment of money 2. Action by the defendant - Specific Performance - keep a promise in a contract - Injunction - have the defendant stop doing something

41. Execution of Judgment  Judgment must be carried out (executed)  Plaintiff - may get payment  Defendant - may be allowed to keep property claimed by the plaintiff  Judgment is enforced by the issuance of an execution by the court  Sheriff may take property, may sell it at an auction, or remove the person/property to another location.  Judgment must be carried out (executed)  Plaintiff - may get payment  Defendant - may be allowed to keep property claimed by the plaintiff  Judgment is enforced by the issuance of an execution by the court  Sheriff may take property, may sell it at an auction, or remove the person/property to another location.

42. Criminal Trial Procedures 1.Arrest the defendant 2.Immediate court hearing 3.Case is postponed 4.Attorney’s prepare their cases. 1.Arrest the defendant 2.Immediate court hearing 3.Case is postponed 4.Attorney’s prepare their cases.

43. Arrest the defendant  Arrest - deprive of your freedom  Warrant - gives officer permission to arrest the person at any time  Arrest - deprive of your freedom  Warrant - gives officer permission to arrest the person at any time

44. Rights of the Defendant  Constitutional rights must be informed to the person being arrested.  Miranda vs. Arizona (Miranda Rights)  Constitutional rights must be informed to the person being arrested.  Miranda vs. Arizona (Miranda Rights)

45. Other Rights Name some of the other rights you might have. Is everyone entitled to bail? Why/why not? Name some of the other rights you might have. Is everyone entitled to bail? Why/why not?

46. Search and Seizure  Search warrant - allows an officer to conduct a search.  Search is limited to areas mentioned  Person getting searched can read the warrant or have it read to them  Frisk - limited search of a person’s being looking for concealed weapons.  Search warrant - allows an officer to conduct a search.  Search is limited to areas mentioned  Person getting searched can read the warrant or have it read to them  Frisk - limited search of a person’s being looking for concealed weapons.

47. Searches without a warrant  People who have been arrested  Limited search area where the person was arrested.  Things in plain view  School officers are allowed to search students with reasonable grounds.  People who have been arrested  Limited search area where the person was arrested.  Things in plain view  School officers are allowed to search students with reasonable grounds.

48. Car Searches w/out warrant  Limited search if you were arrested in the car  With good reason, search the entire car  Can impound the car until you obtain a search warrant  Entire passenger areas  Limited search if you were arrested in the car  With good reason, search the entire car  Can impound the car until you obtain a search warrant  Entire passenger areas

49. Grand Jury  Jury of inquiry  Decides is there enough evidence to go to court.  More members than a petit jury.  Jury of inquiry  Decides is there enough evidence to go to court.  More members than a petit jury.

50. If committed a crime…  Issued an indictment (written accusation issued by grand jury charging person with a crime) –  Doesn’t mean the person is guilty.  Arraignment - procedure where the accused is brought before the court, read the indictment, and asked to plead guilty/not guilty.  Issued an indictment (written accusation issued by grand jury charging person with a crime) –  Doesn’t mean the person is guilty.  Arraignment - procedure where the accused is brought before the court, read the indictment, and asked to plead guilty/not guilty.

51. Arraignment  If plead guilty - sentence can be issued right there.  If pleads not guilty - case proceeds to trial  Guilty but with a plea agreement - charged with a lesser offense so they can stay out of court)  If plead guilty - sentence can be issued right there.  If pleads not guilty - case proceeds to trial  Guilty but with a plea agreement - charged with a lesser offense so they can stay out of court)

52. The Trial 1.Jury selection occurs 2. Opening statements 3. Introduce evidence 4. Closing statements 5. Instructions to the jury 6. Deliberations/verdict 7. Court’s judgment

53. Sentencing  Judge decides the punishment.  There are certain guidelines and penalties that come with each crime. 1. Fines 2. Imprisonment  Indefinite/indeterminate sentences  Definite/determinate sentences  Mandatory sentence 3. Death PenaltyDeath Penalty  Judge decides the punishment.  There are certain guidelines and penalties that come with each crime. 1. Fines 2. Imprisonment  Indefinite/indeterminate sentences  Definite/determinate sentences  Mandatory sentence 3. Death PenaltyDeath Penalty

54. Death Penalty Discussion What are your opinions about the death penalty? What about people who are mentally challenged? What about people who are under aged? What are your opinions about the death penalty? What about people who are mentally challenged? What about people who are under aged?

55. Juvenile Cases 1.Detention Hearing 2.Adjudicatory Hearing 3.Dispositional Hearing 1.Detention Hearing 2.Adjudicatory Hearing 3.Dispositional Hearing

56. Decision Time  After the adjudicatory or dispositional hearing the judge decides the outcome. 3 Ways to Settle: 1.Offender returns home 2.Offender goes to an agency/foster home 3.Offender goes to a training school or reformatory.  After the adjudicatory or dispositional hearing the judge decides the outcome. 3 Ways to Settle: 1.Offender returns home 2.Offender goes to an agency/foster home 3.Offender goes to a training school or reformatory.