1. In the Courtroom
Essential Question: What are the different types of laws applied in the State Courts?

2. Kinds of Laws Applied in State Courts
The law is a code of conduct in which society is governed
(1) Constitutional Law: highest form in this country
Based on the United States Constitution and the State Constitutions and on the Judicial interpretations of these documents

3. (2) Statutory Law: Consists of statues (laws) put in place by legislative bodies
i.e. U.S. Congress, State Legislatures, the people (through initiative or referendum), city councils, and local legislative bodies
(3) Administrative Law: form of law composed of the rules, orders, and regulations issued by federal, State, or local executive officers acting under proper constitutional and/or statutory law
Remember- referendum is where it goes to the voters for the final approval or rejection:
Type 1: Mandatory- requires that legislature refer a measure to the voters
Type 2: Optional- legislature refers to the voters voluntarily (rare) hot potatoes… legislators do not want to take responsibility for them
Type 3: Popular- people may demand via a petition that a measure passed by legislature must be referred to the voters for the final action (most attempts for a popular referendum fail due to not gaining enough signatures)

4. (4) Common Law: Makes up a large part of State laws (except Louisiana)
Common Law- unwritten, judge-made law that has developed over centuries from ideas of what is right and what is wrong
Covers nearly all aspects of human conduct
State Courts apply common law except when it interferes with written law
Originated in England
Began when judges came to decisions using situations from similar cases and applied them and then reapplied the rulings from those earlier cases
Slowly these laws became common

5. American courts fight mainly over the application of precedents
American courts follow this same rule, once the decision was made it becomes a precedent
precedent- a guide to be followed in all similar cases, unless reasons call for an exception
Not clear cut
Judges are called upon to interpret and reinterpret existing rules through changing times
American courts fight mainly over the application of precedents
Statutory law does not beat common law
 many statutes are formed from common law

6. (5) Equity: Supplements common law
Developed in England to promote fairness, justice and right when common law fell short
English courts were rigid
Those barred from the courts, appealed to the King for justice
Most common difference between common law and equity  common law is remedial and equity is preventative
I.e. common law refers to remedies AFTER they have happened and equity tries to stop wrongs BEFORE they happed
Changes could only be made through writs or orders issued by the courts
If no order covered the relief sought by the case, then the courts could not act
The appeals were referred to by the chancellor, who was a member of the King’s council
By the mid-14th century, a special court of chancery or equity was created
Over time a system of rules developed in chancery or equity and it became a permanent fixture in the English legal system
Example: you neighbors want to add a room to their house
You think that part of the addition will be on part of your land and destroy your rose garden
You can prevent the construction by getting an injunction (a court order prohibiting a certain action)
You will get an injunction for two reasons: (1) it is an immediate threat to your property (2) the law can offer you NO satisfactory rfemedy after your garden has been destroyed

7. Criminal and Civil Law
The portion of the law that defines wrongs against public order and provides for their punishment is criminal law
A criminal case is brought by the State against a person accused of committing a crime
The State, as the prosecution is ALWAYS a party in a criminal case

8. Two types of crimes:
Felony- greater crime, punished by a heavier fine and/or imprisonment or death
Misdemeanor- lesser offense, punishable by a small fine and/or a short jail sentence
Civil Law- human conduct between two private parties and disputes between private parties and the government not covered by criminal law
Referred to as suits, or law suits
Often leads to an award of money or a fine
Divorce, custody disputes, torts (wrongs against a person or property) and contracts

9. The Jury System
Jury-a body of persons selected according to law who hear evidence and decide questions of fact in a court case
Two basic types:
Grand Jury
Petit Jury

10. Grand Jury 6-23 people depending on the State (PA it is 23)
In larger juries, at least 12 must agree that the accused person is guilty for a formal accusation to be made
In smaller juries, a majority is needed

11. When a grand jury is impaneled (selected) the judge instructs the jurors to find a true bill of indictment
Must also bring a presentment (accusation) against the person who they have knowledge or believe has violated the State’s criminal law
Meet in secret
Either the judge or the jurors select a foreman or forewoman
The prosecuting attorney then presents witnesses and evidence
Foreman/woman- has a few duties:
Ensure each jury member is present in the jury room when deliberations begin
Confirm that each juror understands the deliberation procedures
Ensuring that deliberations occur in a orderly manner
Ensure no bullying is occurring
Communicate on behalf of the jury as a whole
Announcing the verdict

12. The jurors may question the witnesses or summon others to testify
After receiving the evidence  grand jury deliberates alone and in secret
They then move to the courtroom where they report any indictments
Grand jury is expensive and time-consuming
States mainly rely on a simpler process of accusation
 The information

13. The Information
Information- a formal charge filed by the prosecutor, without the action of a grand jury
used for most minor offenses
More than half the States use it in more serious cases as well
Less costly and less time consuming
A fear is that prosecutors may abuse their power at the expense of the defendants justice

14. The Petit Jury Petit jury or trial jury Developed in England
hears the evidence in the case and decides the disputed facts
May have the power to interpret and apply the law (usually the job of the judge)
Developed in England
Commonly 12 but can be as few as 6
In over a third of States, the decision does NOT have to be unanimous

15. Outstanding majority is needed
If no majority = hung jury  a new jury or the matters being dropped
Misdemeanor and civil cases are often heard without a jury in a bench trial-by the judge alone
In several States, even serious crimes may be heard without a jury if the accused is informed of their rights and waives a trial