1. Chapter 2

2.  What does “dual” mean??  How many Constitutions do we have in this country?

3.  Jurisdiction – who has authority to hear the case  District Court – Courts of Appeals – Special US Courts – Supreme Court  District Court – hears a case for the first time (original jurisdiction)  Courts of Appeals – only questions of law can be raised.

4.  Special Court – these hear cases of special nature like import taxes, IRS, etc  Supreme Court – highest court in the land. Will hear cases from the appeals court and anything that violates the Constitution

5.  Where USA or one state is a party to the lawsuit.  Cases that raise a federal question  Diversity of citizenship – when 2 people from DIFFERENT states sue for over $75,000  Anything pertaining to the sea  Patent and copyright cases  Bankruptcy cases

6.  Local trial court – small claims court, justice of the peace, traffic court are some of them  General Trial Court – county court, superior court, circuit court are some of the names  Special Courts – juvenile court, family court  Appeals Court  Supreme Court

7.  The cost of a trial is VERY expensive.  Our court system tries to resolve any dispute before going to trial.

8.  Courts will try alternative dispute resolutions  If we still can’t agree then….  Pleadings – someone files a complaint, someone from the court system serves the other person with these papers (Summons and Complaint)  The other person then files an Answer.

9.  What are the facts? Lawyers must determine all facts so they know if they have a case at all.  Depositions  Interrogatories  Request for documents/evidence  Physical/mental exams  Requests for admission

10.  Very informal meeting before a judge  Lawyers and judge try to simplify the issues and discuss matters that might dispose the case  Again, courts try to avoid trial if at all possible.

11.  Lawyers will try to work with one another to avoid trial  Lawyers might decide to plead guilty to a lesser charge and therefore, avoid prison, jail, etc.  The other lawyer must approve it, however.  This plea bargaining can happen at any time, (many times within hours before a trial will start!)

12.  Select a jury (voir dire)  Opening statements Plaintiff goes first, then the Defendant. Each lawyer tells the jury what they will try to a prove.  Introduction of Evidence. This is where witnesses are called.

13.  When plaintiff’s lawyer calls a witness, they will ask them questions. Then the defendant’s lawyer will cross exam the witness. If they wish, the plaintiff’s lawyer can re-examine the witness.  This goes on until the plaintiff’s lawyer is finished.  Then the defendant’s lawyer calls their witnesses. The plaintiff’s lawyer can cross exam. If they wish, the defendant’s lawyer can re-examine the witness

14. When each lawyer is finished with their own witnesses, they “rest their case”

15.  Plaintiff goes first, no one can interrupt or object.  Defendant goes next, no one can interrupt or object.

16.  Judge must explain the law to the jury.  Jury must know what they have to decide.  Judge must explain in “laymen’s terms” the law.

17.  Verdict – decision of the jury  Civil case – jury must have most jury members in favor of a verdict (10 out of 12 or 5 out of 6)  Each state has their own rules about what is considered a majority.  Criminal case – jury must be unanimous. Why?  Judgement – the court issues the decision (when a judge decides) This could be the sentence served or fine to be paid.

18.  So….you are found guilty, now what?  The winning party is entitled to a remedy  One is payment of damages  Another is equitable remedy  Specific performance  Injunction  Usually in a civil case, there is no jail/prison time.

19.  Arrest – can be arrested at any time if sheriff has a warrant  Arrest – can be done w/o a warrant if they are caught committing a felony  Rights: Miranda rights must be read, you can make a phone call, can be released on bail  Other rights: to remain silent, can have an attorney appointed to them if they can not afford one.You are presumed innocent until proved guilty.

20.  Police can search a person, car, house or other building ONLY if permission is given OR have a search warrant.  If police believe you are carrying a gun, they can frisk you (limited search)  When search is over, must release person or arrest them.  Once arrested, you can be searched w/o a warrant

21.  Once arrested, can do a limited search of area.  Must have a warrant to search entire building  If arrested in a car, can do a limited search w/o warrant  If police believe something in the car is illegal, they can do a more thorough search  Police can impound a car until they can get a search warrant.  If in plain view, police can seize drugs or weapons w/o warrant (plain-view exception)

22.  Most things seized are because of probable cause. Police believe that there is something illegal in the area.  Remember….if you give permission, police can search anywhere in the vehicle.  School: school officials can search students w/o warrant. But, they should have reasonable cause.  School: parking lots and lockers are school property so these can be searched w/o permission.

23.  Suspect is brought before the judge ASAP  Judge can read them their rights again and make them aware of what they are charged with.  Judge could dismiss the case because of lack of evidence.  What is a grand jury?? Just a jury that determines if there is enough evidence to go to trial. Grand juries do NOT determine guilt or no guilt.

24.  Petit jury is the one that determines guilt or innocence of a party. Trial jury is a petit jury  If the grand jury says, YES, there is enough evidence, court will issue an indictment, or written accusation.  Then accused person is brought to court for an arraignment. Suspect is read the charge against them and asked to plead guilty or not guilty.  If accused person says “guilty” then judge will sentence them. If “not guilty”, then go to trial.

25.  Just like civil case: voir dire, opening statements, evidence, closing arguments, etc.  The plaintiff is usually called the prosecutor in a criminal case.  Prosecutor always goes first, then Defendant.  Verdict must be unanimous  Mistrial or hung jury if jury can not agree. Then a new trial with new jury members must happen  If not guilty, prisoner is released, if guilty, then sentenced to jail, prison, or fine.

26.  You are found guilty, now what?  Fine – usually for a minor crime  Imprisonment – indefinite sentence where judge gives a range of years. Could get out earlier on good behavior. Definite sentence where judge says exactly how many years  Death penalty – In order for this to happen, it must be appealed to the state’s highest court.

27.  Juvenile court  Detention hearing – checks into minor’s background, school records, etc.  Adjudicatory hearing – find out what happened, decide what to do (foster home, reform school, pay damages)