LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 1 3-3State Court Systems GOALS Compare the structure of a typical state court system with the structure of the federal courts Explain the jurisdictions of the specialized courts in a typical state system

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 2 A TYPICAL STATE COURT SYSTEM State trial courts State courts of appeals State supreme courts

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 3 A TYPICAL STATE COURT SYSTEM

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 4 CHECKPOINT What does a typical state court system have in common with the federal court system?     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 5 STATE COURTS WITH SPECIALIZED JURISDICTIONS Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. State Courts Circuit Courts or Superior Courts (depends on state for terminology) general jurisdiction over both civil and criminal matters court of record keeps an exact account of trial determines facts of case either by using a jury or if there is no jury the judge will make this determination appeals will depend on this record review decisions of more specialized courts

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Circuit Courts or Superior, cont. county, district, or municipal – term will depend on the state specialized ie: family, traffic, criminal, probate, and small claims Probate involves wills and claims against estates of deceased persons may be able to appeal to intermediate court of appeals or directly to state supreme court If it only involves state law then it will end at the state level If the issue involves federal law or the federal constitution then it could go to the federal Supreme Court State Courts

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 8 CHECKPOINT Name the typical state courts that have specialized jurisdiction.     

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 9 Tribal Courts no longer possess complete authority over their reservations retain inherent powers regulate family relationships tribal membership law and order on the reservation delegated powers – given for certain area, ie: environment

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 10 Tribal Courts very complicated system, both federal and tribal laws determine the jurisdiction of tribal courts tribal authority does not include the right to prosecute non-Native Americans for crimes committed on the reservation

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 11 International Courts set up by the United Nations and other organizations International Court of Justice located at The Hague in the Netherlands any dispute based on international law that is submitted Tribunals, works with crimes against humanity, genocide, war crimes, and crimes of aggression U.S. opposed the creation of the International Court of Justice

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 12 Juvenile Justice System Three General Groups: 1.Delinquent Offenders - youths who have committed acts that would be crimes if committed by adults 2.Status Offenders - youths who have committed acts that would not be crimes if committed by adults, ie: running away, skipping school, curfew violations, underage drinking - considered to be unruly and beyond control of parents/legal guardians

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 13 Juvenile Justice System 3.Neglected and Abused Children court protects these children from their parent/guardian. when a parent/guardian is charged with failing to provide adequate food, clothing, shelter, or medical care when a child has been sexually, physically, or emotionally abused judge decides whether the child needs the protection of the court, should they remain with the family or be moved into a relatives or foster care home, go to counseling and/or treatment

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 14 Juvenile Justice System Parental Responsibility Laws holding parents responsible for crimes committed by their children believe parents know or should know what their children are doing, especially in certain appropriate cases, ie: drug dealing, gang activities charged with contributing to the delinquency of a minor Laws for all 50 states

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 16 Juvenile Justice System 3 Ways to Try Juveniles as Adults There are three common ways in which to transfer a case from juvenile court to the adult system and try the juvenile as an adult. These are: 1.Judicial Waiver - some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court 2.Direct File - sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult 3.Statutory Exclusion - some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 17 Juvenile Justice System Types of Juvenile Hearings Initial Hearing - state must generally prove two things: an offense was committed and reasonable cause to believe the accused did it Preventive Hearing – hearing about whether to detain minors serves a legitimate purpose in protecting the community and themselves from future crimes committed by that juvenile Adjudicatory Hearing - determines the facts of a case Dispositional Hearing - hearing where judge decides the sentence.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 18 Misc., cont. Precedent Written opinion or ruling lower courts in area where decision was made must follow the precedent higher court has power to reverse or change the precedent no power over courts in another jurisdiction or state can disagree with the precedent

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 19 Misc., cont. Dissenting Written opinion from judges who do not agree with the courts decision opinion of the minority of the judges states reasons for disagreeing may become basis of future majority opinions

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 20 Misc. Concurring Opinion Judges who agree with the courts decision but for different reasons that those used to support the majority opinion.

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 21 PREVENT LEGAL DIFFICULTIES Be prepared... To avoid expensive litigation should a dispute develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator. To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved. Continued on the next slide

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 22 PREVENT LEGAL DIFFICULTIES Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options. Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate.