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Published byJade Kristina Wilkins Modified over 9 years ago
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Chapter 2
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What does “dual” mean?? How many Constitutions do we have in this country?
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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.
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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
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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
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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
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The cost of a trial is VERY expensive. Our court system tries to resolve any dispute before going to trial.
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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.
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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
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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.
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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!)
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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.
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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
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When each lawyer is finished with their own witnesses, they “rest their case”
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Plaintiff goes first, no one can interrupt or object. Defendant goes next, no one can interrupt or object.
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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.
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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.
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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.
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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.
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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
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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)
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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.
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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.
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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.
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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.
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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.
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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)
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