1. Types of Courts Unit A Objective 2.01

2. 2 Dual Court System Federal Court System State Court System

3. 3 Federal Court System Derives from Article III of US Constitution Governs over cases concerning federal matters Governs over cases concerning diversity of citizenship There are 13 judicial courts There are 95 federal district courts

4. 4 Authority to hear a case and make a decision Jurisdiction

5. 5 Federal Jurisdiction  Actions in which the U.S. is a party  Cases that raise a federal question  Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states  Admiralty, Patents, Copyrights, and Bankruptcy Cases

6. 6 Federal Court System US Supreme Court Highest court Has both Original and Appellate Jurisdiction Original jurisdiction  Ambassadors, public ministers, cases in which the state is a party Appellate jurisdiction  Vote of four out of nine justices

7. 7 US Court of Appeals Appellate jurisdiction Authority of court to review a decision of a lower court or administrative agency Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases Appellate courts decide whether the lower courts relevant to the law in the case Hears Case from the US District Court Federal Court System

8. 8 US District Courts Original Jurisdiction Power to hear the case in full for the first time Both civil and criminal cases are heard Currently 95 District Courts Federal Court System

9. 9 Special US Courts Jurisdiction over special cases Suits by citizens against federal government Suits concerning tax disagreements on imported goods Suits between taxpayers and IRS Federal Court System

10. 10 State Court System Each state has its own system Local Trial Courts Limited jurisdiction Authority of a court to hear only one particular type of case, minor matters  Misdemeanors  Civil actions with small amounts of money  Small claims of property damage  Petty cash crimes  Traffic, police, and municipal courts  Juvenile and family disputes

11. 11 General Trial Courts General jurisdiction Authority of a court to hear a wide range of cases Types of courts  County Court  Superior Court  Court of Common Pleas  Circuit Courts  Criminal and Civil Cases Court State Court System

12. 12 Special Courts Limited jurisdiction Authority of a court to hear only one particular type of case Court Cases include:  Probate Cases – cases involving property of deceased persons without a will  Adoption Cases  Traffic Cases  Domestic Relations Cases – cases of abuse between family or household members  Juvenile Cases – cases involving delinquent, unruly, abused, or neglected children (Cases are heard in Juvenile Courts) State Court System

13. 13 Civil Trial Procedures Individual files complaint Complaint – Legal document containing a short and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases

14. 14 Civil Trial Procedures Civil Trial Pleadings Plaintiff files complaint Clerk issues summons Defendant must answer within time limit  Answer is a formal written document admitting or denying complaint

15. 15 Methods of Discovery Bring out facts before a trial Examples: Deposition, interrogation, request for admission Affidavit - documentary evidence Pretrial Hearing Informal hearing to simplify issues and discuss matters Civil Trial Procedures

16. 16 Steps to a Trial Select a jury Opening statements Plaintiff presents evidence  Real evidence is photographs, actual objects, etc.  Witnesses testify  Failure to appear will result in a contempt of court order Defense presents evidence Civil Trial Procedures

17. 17 Steps to a Trial (continued) Closing Arguments Same order Instructions to Jury Statement made by the judge Verdict Judgment Execution of Judgment Civil Trial Procedures

18. 18 Criminal Trial Procedures Arrest of Defendant Rights of Defendant Miranda - constitutional right Bail - Lose money if you don’t appear Search and Seizure Must have warrant or permission Allowed limited search (frisk) Police can search or impound property if they have reason to believe (probable cause) that something illegal is in the car

19. 19 Due Process of a Juvenile Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16

20. 20 Court Terms Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court Arrest – Action take when a person is deprived of his or her freedom Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court Contempt of Court – An action that hinders the administration of justice in the court Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $50,000

21. 21 Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime Grand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier court decision when deciding a case with similar circumstances Prosecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal legislatures Statue of Limitations – State laws setting time limit for bringing a lawsuit Court Terms