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The Court System Chapter #2.

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Presentation on theme: "The Court System Chapter #2."— Presentation transcript:

1 The Court System Chapter #2

2 Dual Court System US has two major parts
Federal System – Hear cases involving federal matters and diversity of citizenship State Court System- have their own rules Jurisdiction – The power and authority given to a court to hear a case and to make a judgment.

3 The Federal Court System
Jurisdiction over Actions in which the US or one state is a party, except those actions between a state and its citizens. Cases that raise a federal question, such as interpreting the constitution Diversity of Citizenship- which involve citizens of different state and in which the amount of money in dispute exceeds $75,000 Admiralty cases- those pertaining to the sea Patent and Copyright cases Bankruptcy Example #1

4 Federal Courts Three Steps US District Courts US Court of Appeals
Supreme Court of the United States

5 District Courts Original Jurisdiction – over most federal court cases – They try a case the first time it is heard- Both civil and criminal cases

6 Court of Appeals Appellate Courts are intermediate courts – which are courts between lower courts and the highest courts. They have appellate jurisdiction- - meaning that any party to a suit decided in a federal district court may appeal to the federal court of appeals. A panel of 3 judges is responsible for rendering decisions. (no witnesses or evidence is hear)

7 Special US Courts Cases on Taxes, IRS, Suits brought by citizens against the government.

8 Supreme Court Highest Court in the land
Original Jurisdiction in all cases involving ambassadors, consuls, or public ministers. Appellate Jurisdiction is it main function. Vote must pass with at least 4 or 9 justices

9 State Courts System Local Trial Courts General Trial Courts
Special Courts Intermediate Appellate Courts Supreme Courts

10 Colorado’s Court System
Colorado Supreme Court Colorado Court of Appeals District Court County Court Municipal Court

11 Local Trial Courts Limited Jurisdiction– Meaning they handle minor matters, misdemeanors and civil actions involving small amounts of money. Minor cases are also heard by traffic courts, police courts, and municipal courts. Special local courts deal with juveniles. Family disputed and small claims.

12 General Trial Courts General Jurisdiction- can be called county courts, superior courts, circuit courts – they handle criminal and civil cases.

13 Special Courts Domestic Relations Courts- Divorce, annulment
Juvenile courts – delinquent, unruly, abused or neglected children. Delinquent Child – 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. Curfew, skipping school, tobacco. Neglected or abused child – one who is homeless, destitute or without parental care

14 Intermediate Appellate Courts
Here cases on appeal Example #2

15 Supreme Courts They choose the cases they hear – only on appeal.

16 Trial Procedures Criminal and Civil trials begin different
Government brings criminal cases Individuals who think that they have been injured initiate civil cases. These cases and expensive so there are other options Alternative Dispute Resolution – when parties try to resolve disagreements outside of court.

17 Reactive Methods of ADR
After a dispute has arisen – Mediation – a third party tries to help solve the problem Arbitration – the third party has the power to solve the problem and it is binding.

18 Proactive Methods Methods are discussed before dispute even arises

19 Civil Trials Pleading – Formal papers are filed with the court
Complaint – plaintiffs allegations Answer – Defendants response to the allegations Methods of discovery – Evidence Pretrial Hearing – informal meeting before a judge – try to solve issue before trial

20 Civil Trial CONT… Steps in Jury Trial Selecting the Jury
Opening Statement Introduction of Evidence Closing Arguments Instructions to the jury Verdict and judgment Remedies – two categories – Payment or finish promise or injunction. Execution of Judgment-

21 Criminal Trial Procedures
Start with an arrest. Arrest – occurs when a person is deprived of his or her freedom. Rights of the Defendant – Miranda V Arizona Bail – is money or other property that is left with the court to assure that a person who is arrested and released will return to trial. Search and Seizure – a warrant is issued allowing an officers to search a person, car or other property. Example #3

22 Criminal Cont.. Arraignment – brought to court soon after arrest and informed of nature of complaint and given rights. Indictment- The grand jury hears evidence and testimony of witnesses if they decide a crime has been committed they issue an indictment or written accusation charging the individual. The Trial Sentencing Fines Imprisonment Death Penalty

23 Disposition of Juveniel Cases
Detention Hearing – Should they hold the minor in custody?


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