Types of Courts Unit A Objective 2.01

Federal Court System State Court System Dual Court System http://www.youtube.com/user/WELCOMEtotheLAW#p/u/1/IOa2KI59RYs

Structure Federal State Derived from Article III of the Constitution May handle unresolved or unsatisfying state cases US Supreme Court can have final review of all federal cases State Derived from the Constitution and laws of each state Highest state court can review cases of dissatisfied parties Only few state cases go to US Supreme Court

There are 94 U. S. District Courts in the U. S. and U. S. territories There are 94 U.S. District Courts in the U.S. and U.S. territories. Each district includes a United States bankruptcy court. Some states, like Alaska have only 1 District Court for the whole state. Others, like California, have several. http://www.youtube.com/watch?v=_dnp_01e4Qw

North Carolina Court System The Appellate Division Supreme Court of North Carolina Court of Appeals The Trial Courts The Superior Court Division -Civil -criminal The district Court Division -civil -juvenile -Magisterial

Selection of Judges Federal State Nominated by the President and confirmed by the Senate Judges are elected by the public or appointed by the governor

Types of Cases Heard Federal State Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Ambassadors and public ministers; Disputes between two or more states; Admiralty law, and Bankruptcy. Most criminal cases, probate (involving wills and estates), Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc.

Authority to hear a case and make a decision Jurisdiction Authority to hear a case and make a decision

Federal Jurisdiction Actions in which the U.S. is a party Cases that raise a federal question Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states Admiralty, Patents, Copyrights, and Bankruptcy Cases

Federal Court System US Supreme Court Highest court Has both Original and Appellate Jurisdiction Original jurisdiction Ambassadors, public ministers, cases in which the state is a party Appellate jurisdiction Vote of four out of nine justices

Federal Court System US Court of Appeals Appellate jurisdiction Authority of court to review a decision of a lower court or administrative agency Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases Appellate courts decide whether the lower courts relevant to the law in the case Hear Cases from the US District Court

Federal Court System US District Courts Original Jurisdiction Power to hear the case in full for the first time Both civil and criminal cases are heard Currently 94 District Courts

Federal Court System Special US Courts Jurisdiction over special cases Suits by citizens against federal government Suits concerning tax disagreements on imported goods Suits between taxpayers and IRS

State Court System Each state has its own system Local Trial Courts Limited jurisdiction Authority of a court to hear only one particular type of case, minor matters Misdemeanors Civil actions with small amounts of money Small claims of property damage Petty cash crimes Traffic, police, and municipal courts Juvenile and family disputes

State Court System General Trial Courts General jurisdiction Authority of a court to hear a wide range of cases Types of courts County Court Superior Court Court of Common Pleas Circuit Courts Criminal and Civil Cases Court

State Court System Special Courts Limited jurisdiction Authority of a court to hear only one particular type of case Court Cases include: Probate Cases – cases involving property of deceased persons without a will Adoption Cases Traffic Cases Domestic Relations Cases – cases of abuse between family or household members Juvenile Cases – cases involving delinquent, unruly, abused, or neglected children (Cases are heard in Juvenile Courts)

Civil Trial Procedures Individual files complaint Complaint – Legal document containing a short and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases

Civil Trial Procedures Pleadings Plaintiff files complaint Clerk issues summons Defendant must answer within time limit Answer is a formal written document admitting or denying complaint

Civil Trial Procedures Methods of Discovery Bring out facts before a trial Examples: Deposition, interrogation, request for admission Affidavit - documentary evidence Pretrial Hearing Informal hearing to simplify issues and discuss matters

Civil Trial Procedures Steps to a Trial Select a jury Opening statements Plaintiff presents evidence Real evidence is photographs, actual objects, etc. Witnesses testify Failure to appear will result in a contempt of court order Defense presents evidence

Civil Trial Procedures Steps to a Trial (continued) Closing Arguments Same order Instructions to Jury Statement made by the judge Verdict Judgment Execution of Judgment

Criminal Trial Procedures Arrest of Defendant Rights of Defendant Miranda - constitutional right Bail - Lose money if you don’t appear Search and Seizure Must have warrant or permission Allowed limited search (frisk) Police can search or impound property if they have reason to believe (probable cause) that something illegal is in the car

Due Process of a Juvenile Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16

Court Terms Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court Arrest – Action take when a person is deprived of his or her freedom Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court Contempt of Court – An action that hinders the administration of justice in the court Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $50,000

Court Terms Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime Grand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier court decision when deciding a case with similar circumstances Prosecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal legislatures Statue of Limitations – State laws setting time limit for bringing a lawsuit