1. Chapter 2 Exam Review Dual Court System Business Law
Chapter 2 Review PPT for Exam
Mr. Sherpinsky’s Business Law Class
Council Rock School District

2. A Dual Court System U.S. System of Justice has two major parts
Federal System
State Court System

3. Basic Court Terms: Jurisdiction
Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment.
Original Jurisdiction: Meaning they try a case for the first time it is heard.
Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried

4. Basic Court Terms: Jurisdiction
General Jurisdiction: meaning they handle criminal and civil cases. (Commonly known as the Court of Common Pleas in Bucks County)
Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

5. Basic Court Terms
Diversity of Citizenship: cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000
Admiralty cases, or those pertaining to the sea
Patent and copyright cases
Bankruptcy cases

6. U.S. District Courts Have ORIGINAL Jurisdiction:
Bottom of Federal Court System
Cases that arise for first time under
The Constitution
U.S. law
U.S. treaties
Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.

7. U.S. District Courts Also have GENERAL Jurisdiction
Lowest Level of federal court system.
13 U.S. Judicial Districts
Most federal cases start in U.S. District Courts.
Power to determine the facts and to make initial determinations.
Both civil and criminal cases

8. U.S. District Courts
13 U.S. Judicial Districts

9. Court of Appeals or Appellate Courts
Hear appeals and review cases from lower courts
Have appellate jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies
Only questions of law can be raised on appeal, not questions of fact or call witnesses
Review transcripts, appellate briefs, and oral arguments from attorneys

10. Special U.S. Courts Special Courts Designed by Congress
Have Jurisdiction over:
Suits brought by citizens against the federal government
Disagreements over taxes on imported goods
Disputes between tax payers and the IRS
Examples:
US Claims Court (Against government)
US Court of International Trade (Tariffs and import taxes)
US Tax Court (Tax laws)
Territorial Courts (All US Territories)
Court of Military Appeals (Court martials)

11. U.S. Supreme Court Highest Court in the Land
Has both original and appellate jurisdiction
Original: cases over ambassadors, public ministers, and consuls or those in which the state is a party
Appeal: All cases on appeal from US Courts or State Supreme Courts
Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices)

12. U.S. Supreme Court

13. State Court Systems State Trial Courts State Court of Appeals
General original jurisdiction: Criminal and civil matters
Known as circuit courts or superior courts
“Court of record”- keeps an exact account of what goes on at trial
Types of Records: transcripts of what was said, evidence submitted, statements, determinations of court officials, and judgment of the court
State Court of Appeals
Panel of judges evaluates the record, briefs, and oral arguments.

14. State Court Systems County Trial Courts Municipal Courts
General original jurisdiction: Criminal and civil matters
Known as Court of Common Pleas and court of record
Such courts hear criminal cases, state traffic offenses, and lawsuits in which relatively small amounts
Municipal Courts
Limited jurisdiction
Usually divided into traffic, criminal, and minor individual suits
Disputes in which small amounts, generally less than $2,500 or less are involved
Attorneys are required in small claims courts

15. Juvenile Courts
A delinquent child is a minor who has committed an adult crime.
An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.
A neglected or abused child is one who is homeless, destitute, or without adequate parental care.
He or she may become a ward of the state.

16. Civil Trial Procedures
Civil and Criminal Trials begin differently
Criminal Cases: Government brings case for offenses against the public at large
Civil Cases: Individuals who believe they have been injured initiate challenges
Brings a lawsuit can be expensive so alternative have been developed

17. Steps in a Civil Trial 1. Pleadings 2. Discovery (gathering evidence)
Complaint
Answer
2. Discovery (gathering evidence)
Depositions
Interrogatories
Request for documents
Physical and mental exams
Requests for admission
Sometimes the case can settle during these 2 phases, if not…

18. Steps in a Civil Trial (continued)
3-Listed for Trial
A pretrial hearing is held to simplify issues and discuss matters that might help dispose or get rid of the case.
If the case is not thrown out…it gets listed for a jury trial.

19. Steps in a Jury Trial voir dire 1. Selecting the Jury –
2. Opening Statements – Plaintiff’s attorney goes first
3. Introduction of Evidence
4. Closing Arguments – Plaintiff’s attorney goes first
5. Jury Instructions
6. Verdict and Judgment

20. Verdict and Judgment
If the defendant is found guilty, the plaintiff is entitled to a remedy.
Payment
Specific Performance
Injunction
The court makes sure the execution of judgment is carried out.

21. Criminal Trial Procedure
Arrest (Starts here)
Rights of the Defendant
Miranda warnings
A telephone call
Bail – sometimes
Remain silent
Attorney – court appointed if can not afford
Fair trial
Presumed innocent until proven guilty

22. Criminal Trial Procedure (continued)
2. Search and Seizure
Search warrant needed under normal circumstances and may be limited to only the area mentioned in the warrant
( Example 3, page 44)
*Not needed if person is arrested*
**School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**

23. Criminal Trial Procedure (continued)
3. Charges
A. Felonies
Crime punishable by confinement for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death
Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies
B. Misdemeanor
Less serious crimes that are punishable by confinement in a county or city jail for less than one year, by fine, or both.
Disorderly conduct, speeding, littering, and parking violations

24. Criminal Trial Procedure (continued)
4. Arraignment
Indictment
Arraignment – asked to plead
Guilty or Not Guilty
Guilty – sentenced – fine, imprisonment, death
Not Guilty- goes to trial

25. Juvenile Cases Juvenile Court Dispositional Hearing (1st Step)
Dismissed or Adjudicatory Hearing
Home on probation
Agency or foster home
Training or reform school
Pay with money, work or both
The juvenile court system is designed so that each case and special circumstances are considered individually.

26. Juvenile Cases Disposition of Juvenile Cases
Delinquent child- is a minor under a 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, or using tobacco)
Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)