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The State Judicial Branch
Federal courts handle only a small portion of the nation’s judicial business. Most matters that arise within the states fall under the jurisdiction of the state. State courts interpret and apply state and local laws. Most states’ courts are organized similar to the federal court system- a three-tiered system: lower, appeals, supreme
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Lower State Courts Justice Courts
-usually found in rural areas and small towns -judge is called a justice of the peace, usually elected position -only handles misdemeanors -no jury involved Magistrate Courts -police courts found in larger towns and small cities -handle minor cases such as traffic violations/ minor charges like disturbing the peace -may hear civil cases that involve small amounts of money (usually less than $1000) -convictions usually pay a small fine or a short jail term
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Municipal Courts -usually found in large cities -often divided into specialized areas: traffic, juvenile, small claims, etc. - Small Claims courts are civil cases that involve small amounts of money where the plaintiff and defendants represent themselves General Trial Courts -also called district, county, common pleas, circuit, or superior courts -crimes that are considered felonies are tried here -cases are decided by judges or juries -in jury cases, the judge makes sure that the trial is conducted fairly and lawfully -judge sentences if convicted
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Appellate Courts Review decisions made by lower courts No juries
A panel of judges decides the case by majority vote If it is determined that the defendant did not have a fair trial they can overturn the lower court’s decision
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State Supreme Court Court of last resort in most cases
Reviews decisions of the appeals courts Supervises all courts within the state Interpret the state’s constitution and laws Have anywhere from 5 to 9 justices, depending on the state A successful appeal to this court requires a majority vote of the justices hearing the case Decisions from this court are final, unless the case involves federal law or US Constitutional issues
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Judge Selection some states elect judges by the citizens
Some states elect judges by the state legislature Some states have appointed judges by the governor, usually subject to legislative approval Some states use the Missouri plan -under this plan, the governor appoints a judge from a list that is generated by a commission. Then, in the next elections, voters either accept or reject the appointed judge Usually serve terms of 6-12 years Can be removed from office through impeachment In some states, they can also be suspended or removed by the State Supreme Court if they act improperly
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LA Judicial Branch Interprets and applies the constitution and laws of the state Protects the rights of the citizens Laws divided into civil or criminal civil- deals with relationships between people criminal-protect society from misconduct of an individual guilt or innocence is determined at trial
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Employees of the LA Judicial Branch
Can be either appointed or elected officials Laws are enforced by sheriffs, police, and city marshals District attorneys prosecute the criminal case in district court Clerk of Court keeps the official records for the parish
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LA’s Court System Three levels:
District Courts (you live in the 22nd Judicial District) -main trial court for the state -hear criminal and civil cases -elected for a term of 6 years Court of Appeals -if there is a legal question about the process or results of the case, it may be reviewed -5 circuit court of appeals (you live in the first) -sits in panels of 3 judges -elected for 10 years
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Louisiana State Supreme Court (located on Royal St. in New Orleans)
-hears cases where a law has been declared unconstitutional -hears appeals from the appellate court -death penalty cases are reviewed -original jurisdiction over disciplinary proceedings against state bar association members -composed of 1 chief justice (the person that has served the longest) and 6 associate justices that are elected -state is divided into 7 Supreme Court districts (you live in the 1st Supreme Court District) -elected for 10 tear terms
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LA Juries Trial juries -hears evidence in cases and makes decisions based on the presented evidence of the case Grand juries -12 citizens who serve for 6 months -works with the DA to determine if there is enough evidence to indict a person -does not determine guilt or innocence
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