1. The Court System
Chapter 2

2. A Trip to the Courthouse
Characters:
Mrs. Martinez………….Ms. Walton
Thai ………………………Jacoy
Jamila ……………………Ironisha
Felicia
Peggy……………………..Kerisha
Daniel ……………………Jacoy
Page 27

3. A Dual Court System Section 2.1
Learning the structure of the court systems in the United States will help you understand how the legal system works.

4. What You’ll Learn How to determine a court’s jurisdiction.
How to explain the structure of the federal court system.
How to explain the role of the United States 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.

5. Legal Terms Jurisdiction Diversity of citizenship
Original jurisdiction
Appellate courts
Intermediate courts
Appellate jurisdiction
Limited jurisdiction
General jurisdiction
Delinquent child
Unruly child
Neglected or abused child

6. The Federal Court System
Jurisdiction is the power and authority given to a court to hear a case and to make a judgment. Federal jurisdiction cases are
Action which the United States or one state is a party, except those between a state and its citizens
Cases that raise a federal question, such interpreting the Constitution.
The United States court system of justice has two major parts – the Federal system and the state court system.
Federal courts hear cases involving federal matters and matters involving diversity of citizenship.

7. The Federal Court System
Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in the dispute exceeds $75,000.
Admiralty cases, or those pertaining to sea
Patent and copyright cases
Bankruptcy cases

8. Federal Court System Federal courts are arranged in three steps:
US District courts – located throughout the US
US court s of appeals, and
The Supreme Court of the United States

9. District Courts
District courts have original jurisdiction over most federal court cases.
They try a case the first time it is heard
Most federal cases begin in one of the US district courts
Civil and
Criminal

10. Court of Appeals US court of appeals, also called
Appellate courts
Intermediate courts
Courts between lower and the higher courts
They hear appeals and review cases
They have appellate jurisdiction, meaning that any party may appeal to the federal court of appeals

11. Court of Appeals
The United States is divided into thirteen judicial circuits.
Each circuit has several district courts and one court of appeals
A panel of 3 judge is responsible for rending decisions
Appellate courts only determine whether the lower court correctly applied the law in the circumstances.

12. Special US Courts Congress has established several special courts
They have jurisdiction in cases such as:
Suits brought by citizens against the federal government
Disagreements over taxes on imported goods
Disputes between taxpayers and the Internal Revenue Service.

13. Supreme Court The US Supreme Court is the highest court in the land.
It has original jurisdiction in all cases involving
Ambassadors, consul or other public ministers
Cases in which a state is a party
Appellate jurisdiction is the court’s main function

14. Supreme Court
The court must hear all cases that involve the constitutionality of a federal law.
Decides by a vote of at least 4 of the 9 justices, which additional cases it will hear from the US court of appeals or the state supreme court.

15. State Court Systems Local Trial Courts General Trial Courts
Special Courts
Domestic Relations Courts
Juvenile Courts
Intermediate Appellate Courts
Supreme Courts

16. Local Trial Courts Courts of limited jurisdiction Courts also called
Handle minor matters
Misdemeanors
Civil actions involving small amounts of money
Courts also called
Justice of the peace
Magistrates
Traffic
Police
Municipal

17. General Trial Courts
Each county has at least one general trial court, or court of general jurisdiction.
These courts are called
County courts
Superior courts
Courts of common pleas
Circuit courts
These courts handle criminal and civil cases

18. Special Courts
Domestic Relations Courts handle family or domestic relations.
Divorce
Annulment and Dissolution proceeding
Distribution of property, child support and alimony
Special courts have been established to handle specialized cases. For example, probate courts hear cases involving the property of deceased persons.

19. Special Courts (cont.) Juvenile Courts have special jurisdiction over
Delinquent child
A minor under 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
Violating curfew
Skipping school
Using tobacco
Abused or Neglected child
One who is homeless. destitute, or without adequate adult supervision

20. Intermediate Appellate Courts
Intermediate appellate courts hear appeals from courts of general jurisdictions
Appeals made if parties feel they did not have a fair trial or the judge do not properly interpret the law
State appellate courts hear appeals only on questions of law.

21. Supreme Courts
The highest court in most states is known as the supreme court
They decide matters of law appealed from lower courts.
They do not retry the case or re-determine facts
They decide whether an error was made in the lower courts.
This court chooses the cases it hears.

23. Section 2.1 Assessment Reviewing What you Learned
Critical Thinking Activity
Journal Activity
Legal Skills in Action

24. Trial Procedure Section 2.2
Learning the alternatives to litigation will help you handle disputes that arise.

25. What You’ll Learn How to seek alternatives to litigations
How to differentiate between civil and criminal cases
How to explain the steps in a civil lawsuit
How to exercise your rights if you are arrested
How to explain the steps in a criminal prosecution
How to apply court procedures to juvenile cases.

26. Legal Terms Alternative dispute resolution Complaint Answer Verdict
Judgment
Specific performance
Injunction
Arrest
Bail
Indictment
Arraignment
Detention hearing

27. Civil Trial Procedure

28. Alternative Dispute Resolution (ADR)
ADR can be classified in two ways
Reactive methods
Proactive Methods
Alternative dispute resolution is an increasingly popular process that occurs when parties try to resolve disagreements outside the usual adversarial system by using creative settlement techniques.

29. Reactive Methods Used after a dispute has arisen Mediation Arbitration
Meditation-arbitration (Med-arb)
Early Neutral evaluation
Summary Jury Trial
Private Civil Trial

30. Proactive Methods Discussed before a dispute arises Partnering
Settlement Week
Negotiated Rule Making
Science Court

31. Pleadings
Formal papers filed with the court by the plaintiff and defendant.
Complaint expresses the plaintiff’s allegations or claims
The answer is the defendant’s response to those allegations
Methods of discovery are use to bring out the facts
Depositions
Interrogatories
Request for documents and other evidence
Physical and mental examinations
Civil Trial begin with pleading.

32. Pretrial Hearing
Pretrial hearing is an informal meeting before a judge
To simplify issues and discuss matter that might help dispose of the case.
Before the actual trial takes place, a pretrial hearing usually occurs.

33. Steps in a Jury Trial Selecting the Jury Opening statement
Introduction of Evidence
Closing Arguments
Instructions to the Jury
Verdict and Judgment

34. Remedies Category of remedies Payment of damages Equitable remedy
Specific performance – doing what you promise to do.
Injunction – order to stop performing an action
When a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy.

35. Execution of Judgment
After a trial determines a winning party the judgment of the court must be carried out

36. Criminal Trial Procedure

37. Arrest of Defendant
Rights of the defendant
Search and Seizure

38. The Arraignment
After a defendant is arrested, evidence is presented to the grand jury.
A grand jury conducts preliminary hearing to determine if case should go to trial.
If jury decides a crime has been committed , they issue an indictment.
The accused is brought to court for arraignment.
The accused pleads guilty or not guilty.

39. The Trial If the defendant request a jury trial
Selection of jury
Attorney makes opening statement
Introduction of evidence
Otherwise, the case is tried before the judge who decides the verdict
The trial ends with the attorney’s closing arguments and instruction to the jury
In a criminal case with a jury, the verdict must be unanimous.
A mistrial is called if the jury cannot agree, and a new trial may be held at the option of the prosecution.
If the defendant is not guilty, he or she will be released.
If guilty, the judge imposes a sentence

40. Sentencing Fines Imprisonment
The Death Penalty laws require three phases:
The jury determines whether the defendant is guilty
The judge or jury listens to attorneys’ argument and determines the punishment under state laws that clearly set forth factors to be considered in a presentencing hearing
An appeal is taken to the states highest court
A fine is the payment of money as a penalty for committing a crime, normally a minor crime

41. Disposition of Juvenile Cases
As a first step, the judge usually holds a detention hearing to learn if there are good reasons to keep the accused in custody.
The judge may
Place the offender on probation
Place the offender in an agency or foster home
Commit the offender to a training or reform school.

42. Section 2.2 Assessment Reviewing What You Learned
Critically Thinking Activity
Legal Skills in Action

43. Chapter Summary
Jurisdiction is the power and authority given a court to hear a case and to make judgment
A court with original jurisdiction hears a case tried for the first time in its court.
A court with appellate jurisdiction reviews a case on appeal from the lower courts.
Court with limited jurisdiction handle minor matters
General jurisdiction means that a court has the power to hear most types of cases.

44. Chapter Summary Federal courts are arranged in three levels:
US district courts
US court of appeals
The Supreme Court of the United States
State courts systems consist of
Local trial court
Courts of general jurisdiction
Appellate courts
Its own State Supreme Court

45. Chapter Summary
A juvenile delinquent is a child who commits an adult crime.
An unruly child is generally a minor who has done something that wouldn’t be a crime committed by an adult
A neglected or abused child is one who is without adequate parental care or one who is homeless.

46. Chapter Summary
Review the summary section on Section 2.2 The Trial Procedures page 50.
People placed under arrest may exercise their rights in several ways
They may remain silent
They may call an attorney
If they choose to answer questions, they may have an attorney present.