COURTS

DUAL COURT SYSTEM  FEDERAL  STATE

FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

STATE COURTS  FOR EVERY ONE FELONY CONVICTION IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT

JURISDICTION  THE GEOGRAPHIC TERRITORY OR LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURT’S AUTHORITY

FEDERAL VS STATE

STATE COURT  STATE SUPREME COURT  STATE COURT OF APPEALS  TRIAL COURTS/DISTRICT COURTS (GENERAL JURSDICTION)  TRIAL COURTS/LIMITED JURSDICTION MUNICIPAL COUNTY  CONCILIATION COURTS—UP TO $10,000

JUDGES  EXPECTED TO EMBODY JUSTICE  Six methods of selection Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods

STATE OF MN  NONPARTISAN—PARTY AFFILIATIONS ARE NOT LISTED ON THE BALLOT

MINNESOTA JUDGES  SUPREME COURT-7  COURT OF APPEALS-19  DISTRICT COURTS JUDGES-289

JOB REQUIREMENTS  LAWYER  UNDER THE AGE OF 70  ELECTED TO 6 YEAR TERMS  IF APPOINTED BY THE GOVERNOR— SERVE AT LEAST ONE YEAR BEFORE AN ELECTION

DISTRICT COURTS  TEN DISTRICTS 2 ND —RAMSEY COUNTY 4 TH —HENNEPIN COUNTY 10 TH —WASHINGTON COUNTY  10 JUDGES

MN TEN DISTRICT COURTS

MINNESOTA SUPREME COURT  CHIEF JUSTICE LORIE SKJERVEN GILDEA  ESTABLISHED IN 1849  MN BECAME A STATE IN1858

MN SUPREME COURT

 FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY

DECISION???

MN COURT OF APPEALS  19 JUSTICES  FINAL RULING 95% OF ITS CASES  TO MAKE IT MORE EFFICIENT THE JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE

AKA: APPELLATE COURTS  THEIR JOB IS TO REVIEW THE DECISIONS OF LOWER COURTS 

U.S. SUPREME COURT  9 JUSTICES—NUMBER SET BY SENATE  JOHN G. ROBERTS—CHIEF JUSTICE SINCE 09/2005  APPOINTMENT FOR LIFE  APPOINTED BY THE PRESIDENT

JUSTICE JOHN G ROBERTS

U.S. SUPREME COURT

 SUPREME COURT IS KNOWN AS:  THE COURT OF LAST RESORT 

 WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995

U.S. STATE ATTORNEY  Minnesota  Criminal Division  Civil Division  Administrative Division  Community Relations Division

CRIMINAL DIVISION  ECONOMIC CRIMES Investment Banking Public Corruption  NARCOTICS Works with DEA, IRS, FBI

 MAJOR CRIMES Bank Robberies Counterfeiting Crimes on the Red Lake and Bois Forte Indian Reservations

CIVIL DIVISION  TORT ACTIONS Agent sued Medical Malpractice Wrongful Death

U.S. ATTORNEY GENERAL  Part of Cabinet---Department of Justice  Appointed by President  Eric Holder Jr.  Appointed 02/03/2009

MN ATTORNEY GENERAL  Chief legal officer for the State of Minnesota  Chief policy maker in areas of Consumer protection Health Care Housing Utilities

 Lori Swanson Elected in 2006 First female MN AG 

PROSECUTORS  District Attorney  State’s Attorney  County Attorney  Commonwealth Attorney

 WASHINGTON COUNTY ATTORNEY  PETE ORPUT

Other duties  Legal Advisor to Police Departments  Guide Police Investigations  Close Working Relationship

DISCRETION  Prosecutorial Discretion Lies in the power to charge, or not to charge, a person with an offense

TRIAL  The examination in a court of the issues of fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant

48 HOUR RULE  Arrested without a warrant Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest

 Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included. 

36 HOUR RULE/RULE 5/BAIL  Arrested without a warrant---must be brought before the judge no later than 36 hours after arrest

 Computation does NOT include the day of arrest, Sundays or legal holidays. 