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The US Court System & Their Jurisdiction

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1 The US Court System & Their Jurisdiction
Chapter 2

2 A dual court system Federal Courts hear certain cases, State Courts hear certain cases. Courts have to have jurisdiction Jurisdiction - the power and authority given to a court to hear a case and to make a judgment.

3 Federal Court Jurisdiction
Actions in which the US or one state is a party, except state v. citizens Cases that raise a federal question, such as interpreting the Constitution Diversity of citizenship cases, cases involving citizens of different states with amounts over $75,000 Admiralty cases, pertaining to the sea Patent and copyright cases Bankruptcy cases

4 Federal Courts US Supreme Court US Court of Appeals
US Special Trial Courts

5 State Courts Local Trial Courts General Trial Courts
Intermediate Court of Appeals State Supreme Court

6 State Court System Local Trial Courts General Trial/Circuit Courts
handle minor matters such as misdemeanors and civil actions involving small amounts of money e.g. traffic courts, municipal courts, juvenile courts, small claims General Trial/Circuit Courts Handle criminal and civil cases in each county e.g. Jasper County

7 State Court System Intermediate Appellate Courts Supreme Court
hear appeals from general trial courts, hear oral arguments from attorneys and study the documents MO has three Supreme Court court of the state, don't retry, determine whether an error happened in the lower courts. Court chooses cases it hears Jefferson City

8 Jurisdiction Original Appellate
authority of a court to try a case the first time it is heard Federal district courts Federal Supreme Court Appellate able to hear a case again in case of error, any party can appeal in the circuit where it was tried. Federal Court of appeals State Intermediate Appellate Courts State Supreme Court

9 Jurisdiction Limited General local courts that hear minor matters
Local Trial Courts General handles civil and criminal cases, major crimes and large amounts of money begin here General Trial Courts

10 Opinion Poll A juvenile is anyone under the age of 17.
Hitchhiking, although dangerous, is not a crime. It is not a crime to set an abandoned house on fire. If a juvenile is convicted of possessing either alcohol or illegal drugs it is up to the judge whether the juvenile loses a driver’s license for one year.

11 Opinion Poll When a juvenile is stopped by a police officer, the juvenile has the right to remain silent and ask for an attorney. It is not a crime to hide a stolen item for a friend if you have not participated in the stealing of that item. Throwing rolls of toilet paper in someone's yard for fun and smashing Halloween pumpkins are against the law. A juvenile must be at least 14 years old before the court may try the juvenile as an adult.

12 Opinion Poll The judge must treat all juvenile offenders equally.
At age 17, all juvenile records are destroyed and a juvenile offender begins adulthood with a clean record. Anyone with any kind of driver’s license is treated as an adult under Missouri's traffic laws.

13 Opinion Poll Having a switchblade handy under your car seat is a crime. Skipping school may make my parents angry but it is not against the law. The judge may not place a juvenile offender in a foster home when the juvenile has committed only one crime

14 If a Minor commits a Crime:
Each case considered individually Detention Hearing – Judge learns whether to keep accused in custody Investigation – background & home life. Adjudicatory Hearing - informal, actual hearing of the case and the court. Dispositional Hearing – decide sentencing

15 Juvenile Settlement Offender returns home on probation
Offender placed in a foster home. Offender committed to a training or reform school (juvenile hall) Pay for damages **Rehabilitation not punishment**

16 When are Juveniles treated as adults?
Certification—the process in which a judge determines if a juvenile should stand trial as an adult. If certified: Will have criminal convictions in his record for the rest of his life Can be sent to adult prisons If further offenses are committed he/she will always be considered an adult

17 What is considered? Offense was against people or against property?
Offense involved viciousness, force or violence? Seriousness of the offense Does the community need protection from? Part of a repetitive pattern? Sophistication and maturity Age Program and facilities available to the juvenile court

18 Trial Procedures - Civil
ADR-Alternative Dispute Resolution Quick and inexpensive Reactive and proactive Pleading Complaint Answer Pretrial hearing Jury trial

19 Civil Trial Con’t Jury Selection Opening statements
Introduction of evidence Witnesses Documentary items (receipts, letters, contracts) Physical (weapons, photos, items found at the crime scene)

20 Civil Trial Cont Closing arguments Instructions to the jury
Verdict and judgment Remedies Specific performance Injunction Execution of judgment

21 Criminal Trial Procedure
Arrest of defendant Rights Search and seizure Arraignment Indictment Arraignment – guilty/not guilty Trial

22 Criminal Trial Cont Sentencing Fines Imprisonment Death penalty
Juvenille detention hearing outcome decided by judge (return home on probation, place in agency or foster care, training or reform school


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