1. Vocabulary
Indictment- Determines if there is enough evidence for a defendant to go to trial
Arraignment- Defendant is officially informed of charges and enters a plea
Subpoena- Legal document that orders someone to testify
Prosecution- The Federal or State government that brings charges against a defendant in a criminal trial.
Conviction- The accused is found guilty in court.
Acquittal- The accused is found innocent in court.
Plaintiff- The side that brings a lawsuit in a civil case.
Defendant- Whom the lawsuit is filed against or the accused in a criminal case.

2. Warm up?
Explain the difference between the Prosecution and Defense.

3. EQ
EXPLAIN THE CRIMINAL AND TRIAL PROCESS?

4. Conflicts and the Judicial Process

5. Addressing Conflicts
Conflict Resolution is the ability to end a dispute/conflict in a manner acceptable to both sides
Debate
Negotiation
Compromise
Leaders hope that debate and negotiation will lead to a consensus
All parties are in agreement…this process is called consensus building

6. Jurisdiction of Courts
Original jurisdiction (authority to hear a case first)
Appellate Jurisdiction (authority to review the decisions of a court having original jurisdiction)
Concurrent Jurisdiction (both having authority to hear a case)
Exclusive Jurisdiction (only the federal courts can hear the case)
Lawsuit against US Gov’t

7. State Courts NC Supreme Court
Highest Court in State, exercises appellate jurisdiction over all lower court decisions
Strike down laws that violate the NC Constitution
NC Court of Appeals
Intermediate appellate court
Appellate jurisdiction over decisions made in Superior/District courts
Superior Courts
Also called general trial courts, they have jurisdiction over more serious criminal cases and civil cases
Appellate jurisdiction over district court
District Courts
Also known as lower courts, they have jurisdiction over misdemeanor and civil cases involving small claims

8. Federal Courts
US District courts act as the federal court systems trial courts for criminal/civil cases
District Courts original jurisdiction:
Violation of federal law
Lawsuits involving the US
Cases involving Maritime Law
Disputes between parties in different states

9. Special Courts US Court of Appeals
Original jurisdiction over certain kinds of cases
Court of International Trade
US Court of Federal Claims
US Tax Court
US Court of Appeals
Jurisdiction over cases heard by US District, Special and State Supreme Court

10. US Supreme Court Appellate jurisdiction over all fed/state courts
Declares acts Congress, President & laws unconstitutional

11. Federal Courts US Supreme Court US Appeals Court State Supreme Court
US District Court
State Supreme Court
US Special Court
US Appeals Court

12. Judicial process Adversarial System Attorney vs. Attorney
The Judge makes sure the proper procedures are followed

13. Indictment or Complaint
Crime and Arrest
Person charged is the defendant, attorney for the gov’t is the prosecutor
Indictment or Complaint
Used to protect the accused
Determines if there is enough evidence to go to trial

14. 3. Arraignment The Trial The Verdict
Defendant is officially informed of charges and enters a plea
Guilty, not guilty, or no contest
Bail
The Trial
The Verdict

15. Court Docket Plea Bargaining Pre-Trial Motion Bailiffs
Schedule of court proceedings
Plea Bargaining
Defendant agrees to plead guilty
Pre-Trial Motion
Motion filed in a legal brief to request that certain evidence be thrown out
Bailiffs
Court law enforcement officer

16. Criminal Trial Opening statements
Made by both attorneys
Each side calls witnesses by means of a subpoena
Each attorney may cross examine the witnesses
Witnesses who lie are guilty of perjury
Closing arguments
Last chance for either attorney to persuade the jury

17. Deliberation
The jury discusses the trial and comes up with a verdict
Verdict
Not guilty- defendant is free and can’t be tried again (double jeopardy)
Guilty- Judge sets a date for sentencing. However, in a capital case the jury must deliberate again to decide if convicted should be executed
Hung jury- jury was unable to come to a decision and a mistrial is declared
Prosecution must retry the defendant

18. Civil Proceedings Sometimes referred to as “torts”
Involve disputes between private citizens and businesses
Begins when the plaintiff files a lawsuit seeking damages
The defendant is served with a summons

19. Civil Conflict
When conflicts between individuals can not be resolved Legal action is often the next step.
Cases that involve a small amount of $ take place in small claims court
Many cases never go to court and are settled by a pre-hearing settlement
Arbitration
When the two disputing sides invite a 3rd party to help them find a solution

20. Appeals Process Appeal Issue of Law or Fact Rights of victims
Those found guilty or who lose civil cases may file an appeal to a higher court
Issue of Law or Fact
Issue of facts asserts that certain facts, or new evidence should be given consideration
Issue of law asserts that trial procedures were not properly followed or their rights were violated
Rights of victims

21. Oral arguments Majority Opinion Dissenting Opinion Concurring Opinion
Both attorneys attempt to convince the panel of judges
Majority Opinion
Written statement that describes court decision
Dissenting Opinion
Written statement by judges who didn’t agree with decision
Concurring Opinion

22. GRAPHIC ORGANIZER

23. EQ
EXPLAIN THE CRIMINAL AND TRIAL PROCESS?

24. Reflection
What state court has jurisdiction over crimes that are considered misdemeanors?
What state court has jurisdiction over more serious crimes?
What state court would you Appeal a case to after a verdict has been reached in the NC Superior Court?
What is the highest state court?
What cases does the US District court (federal) have original jurisdiction?
What are 3 examples of Special Courts?
What kind of Jurisdiction does the US Supreme court have?
What is Writ of Certiorari?
What does the term “adversarial” imply about our US Judicial system?
How is an indictment and complaint used to protect the accused?
What happens at an arraignment?
Why would someone agree to a plea bargain?
What is it called when a jury fails to reach a consensus?
What are two reasons someone can appeal to a higher court?

25. Closing
What type of jurisdiction is involved if someone kills a person in South Carolina and then kills again in Maine?
Mr. Mumbly Joe was convicted in NC Superior Court of armed robbery. What two reasons can Mumbly appeal his case? To where is he appealing his case?