5 Classification of Crimes Module 5

5 Classification of Crimes 1) Felony 2) Misdemeanor 3) Malum In Se Crimes 4) Malum Prohibitum 5) Infamous Crimes

Malum In Se Crimes Burglary Robbery Arson Rape Manslaughter Murder

Malum Prohibitum Sell Liquor to Minor Speeding Run Stop Sign

Infamous Crimes Perjury Embezzlement Mail/Security Fraud

Jurisdiction Module 5 & Module 6

Types of Jurisdiction There are limits to the legal authority of each court to hear and decide a case. For a court to be able to decide a case, it has to have jurisdiction. Before you file your lawsuit, you need to figure out which court has: Jurisdiction over the person (or business or organization) you want to sue, called “personal jurisdiction;” AND Jurisdiction over the legal issue or dispute you are suing about, called “subject-matter jurisdiction.”

Personal Jurisdiction The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.

Subject-matter jurisdiction There are three types of subject matter jurisdiction: General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies them jurisdiction, courts of general jurisdiction can handle any kind of case. The California superior courts are general jurisdiction courts. Limited Jurisdiction, which means that a court has restrictions on the cases it can decide. Small claims court is a court of limited jurisdiction. It can only hear and decide cases that claim damages of $10,000 or less. Limited civil courts can only hear and decide cases for up to $25,000. While these are heard in California superior courts, the judge has to follow the jurisdictional limits in these cases. Exclusive Jurisdiction, which means that only a particular court can decide a case. For example, bankruptcy court is a court with exclusive subject matter jurisdiction. A person can only file a bankruptcy action in a federal bankruptcy court. State courts have no jurisdiction in bankruptcy cases.

Venue While jurisdiction says in what state and what court you file your lawsuit, “venue” is the county where you file your action. Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or The dispute arose, like where an accident happened, or where a contract was entered into or broken.

What Is Our System Of Criminal Justice? The criminal justice system is comprised of three separate divisions: police enforcement, the court system, and criminal corrections. When the police arrest a suspect who will be tried, the legal system must first determine the location where the case will be tried.

What Does Jurisdiction Mean? The term jurisdiction describes the legal authority to hear a legal matter and make an official ruling. Jurisdiction establishes where each trial will take place. There are three separate factors to consider when deciding which court will try the case: geographic location, type of crime, and subject.

What Is Location? Location is the overriding circumstance that determines where cases are tried. Each state has jurisdiction over most legal issues that occur within their boundaries, although in some situations a federal court may take precedence. When a state does have authority over a case, jurisdiction is then determined by county, type of case being tried, and monetary amount involved. Once the legal system determines the area in which to try a case, it reviews the case and turns it over to a particular court.

Municipal or Local Courts Municipal or Local Courts handle small matters that do not involve a large amount of money, misdemeanor hearings (although there are courts in some states that specifically deal with these crimes), and traffic violations. They also hold preliminary hearings for cases that include felony charges to decide whether or not there is enough evidence to send the matter to trial.

District or Superior Courts District or Superior Courts take over felony cases after they are approved. Other matters heard in a State Superior Court include guardianships, divorces, and lawsuits that involve a large sum of money. State Superior Courts also review any disputes over the will of a deceased individual, although some states have courts that deal specifically with these matters.

Federal Courts Federal courts receive jurisdiction over bankruptcy appeals, maritime- related cases, lawsuits between two individuals who do not live in the same state, and other federal matters. Anytime a case involves a federal issue, the federal court has the authority to try that case. In some situations, both a federal and state court may have valid jurisdiction claims, and the lawyer who files the lawsuit chooses where the case will be heard. When this happens, the lawyer will determine which venue they feel will be more sympathetic to their cause or be able to start proceedings the earliest.

State Supreme Court The highest court in most states is the State Supreme Court, which re-tries cases that have been appealed. Unlike other courts, they have the power to refuse to hear any case brought before them. This power, known as discretionary jurisdiction, means they can either approve a case, or have it sent to an appellate that must accept it.

United States Supreme Court The United States Supreme Court is the highest court in the nation, and it has discretionary jurisdiction as well as original jurisdiction, which gives it the ability to take over cases that have not yet been tried in a lower court. This is very rare, and generally involves disputes between two separate states over their boundaries and the natural resources shared by each state.