1. Chapter 2
The Court System

2. 2.1 A Dual Court System After finishing this section, you will know:
How to determine a court’s jurisdiction
How to explain the structure of the federal court system
How to explain the role of the US Supreme Court
How to explain the structure of the state court system
How to describe the difference between a juvenile who is unruly and one who is delinquent

3. The Federal Court System
Two court systems
federal
state

4. FEDERAL COURTS
The federal court system derives its power from Article III of the U.S. Constitution which reads:
“The judicial power of the united states shall be vested in one supreme court and in such Inferior Courts as the congress may from time to time ordain and establish”
Jurisdiction- power and authority given to a court to hear a case and make a judgment

5. Federal courts have jurisdiction over:
federal government is a party or citizens vs. other state
cases that raise a federal question (constitution or federal law)
Diversity of Citizenship- actions between citizens of different states where the amount of money exceeds $75,000
patent right, copyright, bankruptcy
admiralty cases, or those pertaining to the sea

6. Federal courts are arranged in three steps:
U.S. district courts located throughout the U.S.
U.S. courts of appeals
The Supreme Court of the U.S.

7. District Courts
District courts have Original jurisdiction- authority to try a case the first time it is heard
Trial courts of the federal government are the District Courts
civil or criminal
jury or no jury

8. COURTS OF APPEALS
Intermediate courts- court of appeals between the lower courts and the highest court
Appellate Courts- have the authority to hear appeals and review cases from lower courts
Appellate Jurisdiction- authority to hear cases on appeal; any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried

9. Court of Appeals A panel of 3 judges hear the appeal cases.
no witnesses
no evidence
no juries
Only questions of law can be raised on appeal, not questions of fact.

10. Special U.S. Courts Jurisdiction in certain kinds of cases:
citizens against the federal government
taxes on imports
IRS
bankruptcy

11. Supreme Court highest court in the land
original and appellate jurisdiction
Original Jurisdiction- cases in which a state is a party
Appellate Jurisdiction- constitutionality of a federal law; the court decides, by a vote of at least 4 of its 9 justices

12. State Court System every state has its own system Local Trial Court
Limited Jurisdiction- jurisdiction or authority only in minor matters such as misdemeanors and civil actions involving small amounts of money
JP- Justice of the Peace- Magistrate
small claims and petty crimes
traffic court
juvenile
small claims court

13. General Trial Courts
General Jurisdiction- county courts- trial courts for major civil and criminal cases in each state
Try the case- determine facts and apply the law for civil and criminal cases

14. Special Courts Domestic Relations Court
Each county has a family or domestic relations court to handle divorce, annulment, and dissolution proceedings

15. Juvenile Courts
Delinquent child- 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
Neglected or abused child- one who is homeless, destitute, or without adequate parental care
Many states have imposed stricter standards fro the treatment of youthful offenders, especially when drugs or violence is involved. For example:
A minor beyond age 14 will be tried as an adult

16. Intermediate Appellate Courts
Hear appeals from general jurisdiction courts
Reasons:
not a fair trial
didn’t apply the law correctly
How it works:
do not retry the case
hear oral arguments from attorney

17. Assignment Page 33 Reviewing What You Learned #1-5
Critical Thinking Activity #6

18. Lesson 2.2 -Trial Procedures
After finishing this section, you will know:
How to seek alternatives to litigation
How to differentiate between civil and criminal cases
How to explain the steps in a civil lawsuit
How to exercise your rights if you’re arrested
How to explain the steps in a criminal prosecution
How to apply court procedures to juvenile cases

19. Civil Trial Procedures
Civil and Criminal trials begin differently
Civil- individuals.
Injured party begins the suit by filing a complaint.
Criminal- government.
Police or magistrate issues a summons. (minor cases)
Felonies are heard before a judge before they are turned over to a grand jury.
Once the trial begins the procedures are the same.

20. Alternative Dispute Resolution
Alternative dispute resolution (ADR)- parties try to resolve disagreements outside the usual adversarial system by using creative settlement techniques
Quick and inexpensive
Can be classified in two ways:
reactive methods- used after a dispute has arisen
proactive methods- discussed before a dispute even arises

21. Pleadings
Civil trials begin with pleadings- the formal papers filed with the court by the plaintiff and defendant
Complaint- papers expressing the plaintiff’s allegations, or claims
Answer- the defendant’s response to those allegations

22. Methods of Discovery Used to bring facts out before trial: Depositions
Interrogatories
Requests for documents and other evidence
Physical and mental examinations
Requests for admission

23. Pretrial Hearing Informal meeting before a judge
Intended to simplify the issues and discuss matters that might help dispose of the case

24. Steps in a Jury Trial 1. Selecting the Jury
Judge calls the court to order
Draws a jury from a pool of citizens
Must determine the facts of the case and apply the law to those facts
Lawyers question each contestant to predict whether they will be fair or prejudiced
2. Opening Statements
Attorneys for each side make opening statements
The plaintiff’s attorney goes first

25. Steps in a Jury Trial, cont.
3. Introduction of Evidence
The plaintiff’s attorney presents all the plaintiff’s evidence
Evidence includes:
documentary items: written contracts, sales slips, letters, or affidavits (sworn statements)
physical objects: weapons, photographs, items from crime scene, and witness testimonies
The defense attorney has the chance to cross-examine the plaintiff’s witnesses, asking questions to test the truth of statements and bring out evidence that was not developed on direct examination.
The same process is used when the defense attorney puts forth evidence and witness testimony.

26. Steps in a Jury Trial, cont.
4. Closing Arguments
The plaintiff’s attorney is the first to present closing arguments
Followed by the defense attorney
Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.

27. Steps in a Jury Trial, cont.
5. Instructions to the Jury
Jury instruction- the judge explains the law to the jury while attorneys from both sides suggest instructions
6. Verdict and Judgment
Members of the jury go to the jury room to deliberate on their verdict- decision
This is followed by the judgment- court’s determination or decision in the case

28. Remedies
When a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy
American courts typically provide two categories of remedies:
payment of damages
equitable remedy- asks the court to do what is fair and just

29. Remedies, cont.
specific performance- plaintiff wants the defendant to do what he or she promised in a contract
Sometimes the plaintiff wants to prevent the defendant from doing something that he/she is planning to do or has already begun doing.
Injunction- an order to stop the defendant from performing an action

30. Execution of a Judgment
After a trial determines a winning party and a losing party, the judgment must be carried out.
A judgment is enforced by the issuance of an execution by the court

31. Examples…
The judge may order the sheriff to take property belonging to the person who lost the case.
The sheriff must sell the property at an auction to use the proceeds to pay the amount of the judgment to the person who won the case.
The judge may also order the sheriff to remove a person or property to another location.

32. Criminal Trial Procedures
Criminal cases often begin with the arrest of a defendant.
The law requires an immediate court hearing to protect the defendant’s rights.
The trial is scheduled later to give the prosecuting and defendant’s attorneys time to prepare.

33. Arrest of the Defendant
Arrest- when a person is deprived of his or her freedom
Can take place at any time with a warrant
An officer may arrest a person without a warrant if they believe the person has committed a felony or a misdemeanor involving a breach of the peace in the officer’s presence

34. Rights of the Defendant
Miranda Rights from Miranda v. Arizona
Remain silent
Talk to an attorney
If the defendant cannot afford an attorney one will be appointed
Fair trial
Innocent until proven guilty

35. Bail- money or other property that is left with the court to assure that a person who has been arrested will return to trial
If the defendant appears as instructed, the money or property will be returned.

36. Search and Seizure
A police officer may search a person, car, house or other building only if permission is given or if the office has a search warrant.
The search must be limited to the area mentioned in the warrant

37. When the search is over the person must be arrested or released
Frisk- limited search conducted when the person is believed to be carrying a weapon
When the search is over the person must be arrested or released
Persons who have been arrested, may be searched without a warrant
When persons are arrested in a house/building, the arresting area may be searched without a warrant
They need a warrant to search the entire building

38. If an arrest takes place in a car, the police may do a limited search of the car.
If the police want a more complete search they impound the car- take possession of the car until a warrant is obtained
Example 3
Police may seize items in plain view such as illegal drugs or weapons without a warrant.
1991- U.S. Supreme Court held that once police have probable cause to believe a crime is being committed , they don’t need a warrant seize a vehicle and search it as well as any closed containers inside

39. School officials may search students without a warrant
The officials must have reasonable grounds to believe the search will turn up evidence that the student has violated school rules.

40. The Arraignment
The suspect is brought before the court as soon as possible after the arrest, informed of the nature of the complaint, and made aware of his or her rights.
The judge can now find cause to dismiss the complaint or decide if there is probable cause that a crime has been committed
Depending upon the jurisdiction, the prosecuting attorney either prepares information or presents the case to the grand jury.

41. Information- a set of formal charges drawn up by the prosecuting attorney
Grand jury- a jury of inquiry made up of citizens who must decide whether there is enough evidence to justify accusing certain persons of crimes
Conducts a preliminary hearing in secret to determine whether someone will stand trial
Petit jury- decides on the guilt or innocence of the person tried
A trial jury is a petit jury because it has fewer members that the grand jury
The grand jury hears evidence and testimony of witnesses.

42. If jurors decide a crime has been committed, they issue an indictment- written accusation charging the individual
This issuance doesn’t mean that the individual is guilty but the grand jury believes there is a possibility that they are guilty

43. Following the indictment, the accused is brought to court for arraignment- suspect is read the information and is asked to plead guilty or not guilty.
The accused is informed of his or her rights
If they plead guilty; the judge can impose a sentence
If they plead not guilty; the case proceeds to trial

44. The Trial
If the defendant requests a jury trial, selection of the jurors proceeds and attorneys make opening statements and introduce evidence.
Otherwise, the case is tried before the judge who decides the verdict.
The trial ends with the attorney’s closing arguments and the judge’s instructions to the jury

45. The Trial - Verdict In a criminal case: The jury must be unanimous
Guilty beyond a reasonable doubt
Not guilty
A mistrial is called if they cannot agree, and a new trial may be held
If the defendant is not guilty; they are released
If the defendant is guilty; the judge imposes a sentence

46. Sentencing
After a person has been convicted of a crime, he or she is sentenced by the court.
Sentencing- the judge decides the punishment
May consist of:
Fines
Imprisonment
Death penalty

47. Fines- payment of money for committing a crime, generally a minor crime
Imprisonment-
indefinite sentences, including a minimum and maximum amount of time the convicted criminal may spend in prison
definite time periods stated by the judge

48. Sentencing Death penalty- requires three phases
the jury determines whether the defendant is guilty
the judge or jury listens to attorneys’ arguments
an appeal is taken to the state’s highest court

49. Disposition of Juvenile Cases
Juvenile cases are handled by the juvenile court, which has limited jurisdiction.
The judge holds a detention hearing- determine whether there are good reasons to keep the accused in custody.
Child welfare investigates the minor’s background and home life
The judge may dismiss the charges upon hearing the investigation findings
The judge may feel the youth was wrongly accused
If the charges are not dismissed, the judge holds an adjudicatory hearing- informal, actual hearing of the case by the court

50. Juvenile Cases There are three ways the matter can be settled:
Offender may return home on probation
Failure to meet with probation officer results in more severe punishment
Offender may be placed in an agency or foster home
Parents are required to pay what they can for support

51. Juvenile Cases Offender is committed to a training or reform school
Usually used as a last resort when other two options have already been used
Judges sometimes require the juvenile offender to pay for the damage with money, work or both.

52. Assignment
Page 49
Reviewing What You Learned #1-6