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The Court System Chapter 2. A Trip to the Courthouse Characters: Mrs. Martinez………….Ms. Walton Thai ………………………Jacoy Jamila ……………………Ironisha FeliciaPeggy……………………..Kerisha.

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Presentation on theme: "The Court System Chapter 2. A Trip to the Courthouse Characters: Mrs. Martinez………….Ms. Walton Thai ………………………Jacoy Jamila ……………………Ironisha FeliciaPeggy……………………..Kerisha."— Presentation transcript:

1 The Court System Chapter 2

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

3 A Dual Court System Section 2.1

4 What You’ll Learn How to determine a court’s jurisdiction. How to determine a court’s jurisdiction. How to explain the structure of the federal court system. 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 role of the United States Supreme Court. How to explain the structure of the state court system. 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. How to describe the difference between a juvenile who is unruly and one who is delinquent.

5 Legal Terms Jurisdiction Jurisdiction Diversity of citizenship Diversity of citizenship Original jurisdiction Original jurisdiction Appellate courts Appellate courts Intermediate courts Intermediate courts Appellate jurisdiction 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 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 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. Cases that raise a federal question, such interpreting the Constitution.

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. 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 Admiralty cases, or those pertaining to sea Patent and copyright cases Patent and copyright cases Bankruptcy cases Bankruptcy cases

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

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

10 Court of Appeals US court of appeals, also called US court of appeals, also called Appellate courts Appellate courts Intermediate courts Intermediate courts Courts between lower and the higher courts Courts between lower and the higher courts They hear appeals and review cases They hear appeals and review cases They have appellate jurisdiction, meaning that any party may appeal to the federal court of appeals 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. The United States is divided into thirteen judicial circuits. Each circuit has several district courts and one court of appeals Each circuit has several district courts and one court of appeals A panel of 3 judge is responsible for rending decisions 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. 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 Congress has established several special courts They have jurisdiction in cases such as: They have jurisdiction in cases such as: Suits brought by citizens against the federal government Suits brought by citizens against the federal government Disagreements over taxes on imported goods Disagreements over taxes on imported goods Disputes between taxpayers and the Internal Revenue Service. Disputes between taxpayers and the Internal Revenue Service.

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

16 Local Trial Courts Courts of limited jurisdiction 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

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.

22

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

24 Section 2.2 Trial Procedure

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

26 Legal Terms Alternative dispute resolution Alternative dispute resolution Complaint Complaint Answer Answer Verdict Verdict Judgment Judgment Specific performance 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 ADR can be classified in two ways Reactive methods Reactive methods Proactive Methods Proactive Methods

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

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.

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

35 Execution of Judgment

36 CRIMINAL TRIAL PROCEDURE

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

40 Sentencing Fines Fines Imprisonment Imprisonment The Death Penalty laws require three phases: The Death Penalty laws require three phases: The jury determines whether the defendant is guilty 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 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 An appeal is taken to the states highest court

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. 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 The judge may Place the offender on probation Place the offender on probation Place the offender in an agency or foster home Place the offender in an agency or foster home Commit the offender to a training or reform school. Commit the offender to a training or reform school.

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


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