Courts

Topics to Cover Dual Court System Juries Civil Procedure Criminal Procedure

Dual Court System Means there are 2 courts- Federal & States Federal Courts handle federal matters State Courts handle state matters

Federal Courts Structure Federal District Courts Federal Appeals Courts- US Appeals Court for the ____ District US Supreme Court- This court can also hear state law issues under certain circumstances

Federal District Courts Court of Original Jurisdiction-this is the level where the trial takes place and guilt or innocence is determined. If D is found guilty, may appeal to US Appeals Court. P may appeal only in civil cases. Appeals based solely on errors of law.

Federal Appeals Court There are 13 appellate districts

Federal Appeals Courts Con’t. 3 judge panel Process starts with an appeal that is supported by briefs Judges may request oral argument No juries. Decision is made by judges. Judges only review issues of law Judges may uphold lower court decision, overturn decision or something in between

US Supreme Court Supreme court of the land 9 judge panel May decline to hear a case Writ of Certiorari (Cert) Most lawyers never appear before this court Appellate court so same rules apply Term is from 1 st Monday in October to late June May hear state law cases

Getting into the Federal Courts Constitutional issues Issues between states Federal laws Immigration Diversity of citizenship Copyrights & patents Interstate commerce Bankruptcy Issues involving federal agencies Cases where US Gov’t is a party Civil Rights Maritime Law Aviation Law Piracy Antitrust/Monopoly

State Courts Structure New Jersey Municipal Courts NJ Superior Court NJ Superior Court Appellate Division NJ Supreme Court New York Municipal Courts NY Supreme Court NY Supreme Court Appellate Division Court of Appeals

Municipal Courts Very local issues Traffic violations Disputes between neighbors Restraining orders Domestic violence issues Misdemeanor crimes

Municipal Judges Usually called Magistrates Usually hold night sessions Can issue restraining orders and orders to vacate or remove Decide guilty or innocence in criminal matters Sentences usually fines but can sentence up to 1 year and 1 day in county jails

NJ Superior Court Court of Original Jurisdiction 2 Parts- Law Division and Chancery Division Law Division hears cases involving law Chancery Division hears matters involving equity Divided into 15 districts called vicinages Mandatory mediation

NJ Superior Court Appellate Division Appellate Court 8 parts Each part has a 3 or 4 judge panel

NJ Supreme Court Appellate Court Highest Court in NJ 7 Judge panel

Juries Grand 23 members Decide if there is enough evidence for case to proceed to trial Prima Facie Evidence Only P presents evidence. D not even allowed in room May also convene for special reasons Petite 12 members for criminal cases 6 members for civil cases Decide guilt or innocence Determine issues of fact Preemptory challenges Challenges for cause

Jury Duty Names are drawn from voter registration, Drivers license and car registrations and Property Tax Rebate Forms Usually serve for 1 day or 1 case for petite juries Few excuses accepted to not serve