1. Chapters 9 and 10 Courts AND Trial Process

2. Jurisdiction The Court has the power to hear the case.

3. Original Jurisdiction The power to hear the case in the first instance or from the beginning.

4. Appellate Jurisdiction Authority to review a lower court’s decision.

5. Concurrent Jurisdiction Two courts have jurisdiction of the same case.

6. Federal Courts Article III Section 1 of U.S. Constitution District Court (94) Tennessee Federal District Courts Western, Middle, Eastern Court of Appeals (13) Tennessee  Sixth Circuit Court of Appeals U.S. Supreme Court – Marbury v. Madison

8. FEDERAL COURTS JURISDICTION TYPES OF CASES 1. Cases arising under the U.S. Constitution 2. Cases arising under the federal laws and treaties. 3. Cases of admiralty or maritime law.

9. Federal Courts Jurisdiction Types of people The United States and one of its officers; An ambassador or consul or official of a foreign government; One state suing another state, or a citizen of another state; Citizens of a state, or a state itself, suing a foreign government or foreign citizen; and Citizens of different states suing one another. ($75,000)

10. Tennessee State Courts Municipal Courts Under the laws and ordinances of the city (municipality)

11. Tennessee State Courts General Sessions Courts 1.Criminal – no jury A.Felony – preliminary hearing B.Misdemeanor – waives grand jury indictment and trial by jury. 2.Civil (One party v. another party) 1.Divorces 2.Suits claiming up to $25,000 3.Contract disputes 3.Varies from county to county

12. Tennessee State Courts Juvenile Court  General Sessions 1. Delinquency 2. Abuse and Neglect 3. Child Custody 4. Status offenses 5. Divorces

13. Tennessee State Courts Criminal Courts: 1. All felonies and misdemeanors 2. Jury Trial 3. After indictment 4. Appeals from bench trial in General Sessions 5. 13 of 31 State districts

14. Tennessee State Courts Circuit Court 1. Contracts over $50 2. Divorces and Adoptions 3. Personal Injury Cases 4. Criminal Cases where there is no Criminal Court. 5. Appeals from Juvenile, Municipal and General Sessions 6. ETC.

15. Tennessee State Courts Chancery Court 1. Debtor/Creditor 2. Boundary Disputes 3. Persons of unsound minds 4. Divorce and Adoption 5. Probate Court 6. ETC.

16. Tennessee State Courts COURT OF APPEALS 1. Appeals from Chancery Court and Circuit Court. 2. Non-criminal cases. Civil Cases.

17. Tennessee State Courts Court of Criminal Appeals 1. Appeals of Criminal cases. 2. Except Capital Cases which are appealed directly to the Tennessee Supreme Court.

18. Tennessee State Courts Supreme Court Appeals from Court of Appeals and Court of Criminal Appeals. Interpret laws and Constitutions of Tennessee and U.S. Capital Cases appealed directly.

19. Claim your Jurisdiction  Lily shoots and kills her husband in Tennessee. The prosecutor brings charges in which court?

20. Claim your Jurisdiction Lily appeals her conviction in Criminal Court for murder in the second degree to which court?

21. Claim your Jurisdiction Hope is charged with a misdemeanor assault in which court?

22. Claim your Jurisdiction  Jake’s landlord refuses to return his damage deposit of $450 even though the apartment is in excellent condition. Jake wants to sue his landlord, but doesn't want to hire a lawyer. In which court can Jake file suit?

23. Claim your Jurisdiction Rickey has been convicted of murder in Criminal Court and his sentence is the death penalty. He appeals his case to which court?

24. Claim your Jurisdiction  Edie is being tried for burning the American flag in front of the Post Office. The U.S. Attorney files charges against her.

25. Claim your Jurisdiction Edie appeals her conviction of defacing an American flag to which court?

26. Claim your Jurisdiction Rebecca Black sues a famous band for stealing her song and violating her copyright in which court? They live in different states.

27. Claim your Jurisdiction Niki is cited for wearing a mask without a permit, in Hendersonville. Which court will hear her case?

28. Claim your Jurisdiction Emily was in a car accident in which she injured her neck. She sues the driver of the other car for $60,000 because she can’t sit long enough to watch Dancing with the Stars anymore. She files suit in which court?

29. Claim your Jurisdiction Bryce was convicted of burglary in the first degree by a jury in Criminal Court. He appeals his conviction to which court?

30. Claim your Jurisdiction The U.S. District Court for the Western District of Tennessee rules that the state initiative to terminate mandatory busing violates the equal protection clause of the U.S. Constitution. The state of Tennessee appeals to which court?

31. Claim your Jurisdiction The U.S. Court of Appeals for the Sixth Circuit upholds the U.S. District Court's ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?

32. Claim your Jurisdiction A Criminal Court judge rules that the state law against cross burning is unconstitutional. The prosecutor appeals this decision to which court?

33. Claim your Jurisdiction Rachel is arrested for driving under the influence within the Hendersonville city limits. In which court is she charged?

34. Claim your Jurisdiction Sarah, who lives in Nashville, crashes her car into Hope's sports utility vehicle, causing injuries and damages of $120,000. Hope, who is from Florida, files a lawsuit in which court?

35. Claim your Jurisdiction Disabled individuals appeal a jury verdict that a movie theater had violated their rights under the Federal Americans with Disabilities Act. In which court is the appeal filed?

36. Claim your Jurisdiction Inmates ask this court to review their case from the state's supreme court, claiming that the jail failed to provide them with basic human needs in violation of their constitutional rights.

37. Claim your Jurisdiction The State Court of Criminal Appeals overturns Lily’s conviction for selling drugs, based on an illegal search and seizure. The state asks which court to review the decision?

38. Claim your Jurisdiction Niki is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?

39. Claim your Jurisdiction Niki wants to appeal her conviction for the violation of the anti-sidewalk sitting city ordinance. Where can she file the appeal?

40. Claim your Jurisdiction Hope, who is 15, is charged with assault for hitting Jake. In which court will Hope’s case be heard?

41. Claim your Jurisdiction Hope wants to appeal her conviction in Juvenile Court. Where can she file?

42. Claim your Jurisdiction Edie has been charged and convicted of murder. Edie argues that her constitutional right against self-incrimination was violated when the police continued to question her after she had invoked her 5 th Amendment rights. The Tennessee Supreme Court decided that her rights were not violated. What court will Edie ask to review her case?

43. Claim your Jurisdiction  Sarah injured Jacob when her boat collided with the jet ski he was riding in the Atlantic. Jacob wants to sue Sarah. Where can he file the lawsuit?

44. Claim your Jurisdiction Sarah wants to appeal the jury verdict against her in the suit filed by Jacob. The jury awarded Jacob $1,000,000 in damages against Sarah. Where can Sarah file the appeal?

45. Claim your Jurisdiction Shawn and Henry are neighbors and have been arguing for years over who owns the tree on the side of their houses. Shawn wants to file suit against Henry. Where can he file?

46. Claim your Jurisdiction Shawn wants to appeal the judges’ decision in his property dispute case with Henry. Where can he file his appeal?

47. Claim your Jurisdiction Lily and Jacob want to get a divorce. Where can they file the case?

48. Claim your Jurisdiction Jacob wants to appeal the jury verdict in his contract dispute against Tanner. The jury awarded Tanner $60,000 in damages. Where can Jacob file his appeal?

49. Claim your Jurisdiction Anna has not been at school for the past 45 days. Where would her truancy case be held?

50. Claim your Jurisdiction Christie dies intestate (without a will) which court will the probate case be filed in?

51. U.S. and TN Supreme Court Find out who is on the court. Find out who appointed them. Find out the process of getting on and staying on the court.

52. US Supreme Court John G. Roberts Jr. – nominated by George W. Bush – September 29, 2005 Antonin Scalia – nominated by President Reagan – September 26, 1986 Anthony Kennedy – nominated by President Reagan – February 18, 1988

53. US Supreme Court Clarence Thomas – nominated by President Bush – October 23, 1991 Ruth Bader Ginsburg- President Clinton – August 10, 1993 Stephen Breyer – President Clinton – August 3, 1994

54. US Supreme Court Samuel Alito – President Bush – January 31, 2006 Sonia Sotomayor – President Obama, 2009 Elena Kagen, President Obama, 2010

55. TENNESSEE SUPREME COURT Chief Justice Janice Holder – Appointed 1996 Cornelia Clark – Appointed 2005 Gary Wade – Appointed 2006 William Koch – Appointed 2007 Sharon Lee – Appointed 2008 Every 8 years retained on a retention question.

56. Group work - Drawing Within your group – find out who all the players in a criminal trial are. Get a piece of butcher paper. You choose the color. Draw a criminal courtroom scene. You must label all of the players. You can draw stick figures.

57. Steps in Criminal Trial PRETRIAL Crime Investigation Arrest First Appearance Preliminary Hearing Indictment Arraignment in trial court

58. Steps in Criminal Trial PRETRIAL Pre-trial motions Pre-trial conference Plea Bargaining THE TRIAL

59. CRIMINAL TRIAL Jury Selection Opening Statements Prosecutor Defendant State’s Case Prosecutor’s direct examination Defendant’s cross examination Motion for Directed Verdict

60. Steps in Criminal Trial Defense’s Case Defendant’s direct examination Prosecutor’s cross examination Rebuttal by prosecutor

61. Steps in a Criminal Trial Jury Instructions Closing Statements Prosecutor Defense Response by Prosecutor

62. Steps in Criminal Trial Jury Deliberations Verdict Motion for a new trial Sentencing Appeals

63. Steps in a Civil Trial Complaint Summons Answer Counterclaim Reply Motions Discovery Summary Judgment Dismiss

64. Steps in a Civil Trial Discovery Interrogatories Depositions Productions of documents by subpoena Pre-trial Conferences Settlements

65. Steps in a Civil Trial Voir Dire Opening Statements Plaintiff Defendant Plaintiff’s Case Plaintiff direct examination Defendant cross examination

66. Steps in a Civil Trial Motion for Directed Verdict Defendant’s Case Defendant direct examination Plaintiff cross examination Plaintiff’s rebuttal Motion for Directed Verdict

67. Steps in a Civil Trial Closing Arguments Plaintiff Defendant Jury Instructions Verdict Motions Notwithstanding the verdict New Trial

68. Steps in a Civil Trial Judgment Appeals

69. 6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

70. 6 th Amendment to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

71. 6 th Amendment RANK THE 6 th Amendment Rights 1-7 Right to speedy trial Right to public trial Right to impartial jury Right to notice of charges Right to confront witnesses Right to present witnesses on your behalf Right to assistance of counsel

72. Gideon v. Wainwright What was Mr. Gideon charged with? How well did Gideon defend himself? Give 2 reasons What could a lawyer have done differently? Name 2 things.

73. Gideon v. Wainwright Can the average person who is literate and competent adequately defend himself/herself at trial? Why or Why not?

74. Gideon v. Wainwright What did Gideon's lawyer do that was different from what Gideon had done? How did his knowledge of courtroom procedure, his investigative tactics, and his ability to question witnesses affect the outcome of the trial? Based on the clip you have seen and what you already know, do you think the Supreme Court made an appropriate decision?

75. Gideon v. Wainwright Look at document www.landmarkcases.org www.landmarkcases.org Answer the questions on the handout. Come back and discuss with a group for 3 minutes. Discuss as class.

76. 8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

77. Bail Release on Own Recognizance Property Bond Cash Bond Bail Bondsman Signature Bonds Conditions of Release

78. Bail Risk of flight Ties to the community Seriousness of the crime Risk of harm to the public if released Preventive detention

79. Preliminary Hearing Probable Cause Hearing – judge – General Sessions Defendant has the right to question witnesses. Probable Cause to believe a crime was committed. Probable Cause to believe the accused committed the crime.

80. The Grand Jury Prosecution’s case only Federal Government and ½ of states 23 people Return an Indictment- called a true bill.

81. Arraignment in trial court

82. Plea Bargaining TYPES Not Guilty Nolo Contendere No Contest Alford Plea Guilty

83. Plea Bargaining CHARACTERISTICS: Pleas must be voluntary and knowing Defendant can withdraw a plea after it has been given. Approximately 90% of cases are resolved through plea bargains.

84. Plea Bargaining Characteristics Cont. Must be on the record: Informed of rights he/she is waiving Determine if it is voluntary. Disclose plea agreements Make sure there is a factual basis for the plea.

85. Pretrial Motions Motion for Discovery Motion to Suppress Evidence Motion to Dismiss Motion for Severance of Defendants Motion for Mistrial Motion for New Trial Motion for change of venue

86. Which Motion? Taylor is charged with possession with intent to sell cocaine. She wants to know what evidence the prosecutor has on her. What motion should she file? Taylor believes that the search of her home was in violation of her 4 th Amendment Rights. What motion should she file?

87. Which Motion Jacki, the confidential informant who bought the cocaine from Taylor, can’t be located and has not shown up in court on the day set for trial. What motion should Taylor make?

88. Which Motion? The case against Taylor has been all over the news for the past 6 months because she is a high ranking political figure in Hendersonville. Everyone in Hendersonville has heard of the charges. What Motion should Taylor file?

89. Which Motion? Penny is charged with robbing a convenience store. There are three other people charged. Penny claims she was at home alone watching High School Musical 3 when the store was robbed. Her three co-defendants have lengthy criminal records including many robberies. What motion will she want to file?

90. Which Motion? After Penny is convicted, it is discovered that there was not a 4 th person in the video footage from the robbery. What motion will she want to file?