DUAL COURT SYSTEM Chapter 1.2

The United States has two major court systems— 1 The United States has two major court systems— 1. Federal-Hear cases involving federal subjects. Also, hear cases involving citizens from different states or other countries. 2. State—Have own courts and rules. Powers not specifically granted to the federal governments reserved for the states.

FEDERAL COURT SYSTEM

Court’s power to hear a case and to make a judgment JURISDICTION-- Court’s power to hear a case and to make a judgment

FEDERAL COURTS ARE ARRANGED IN THREE TIERS

DISTRICT COURTS --Have original jurisdiction (power to hear a case for the first time) over federal civil and criminal cases

2. COURTS OF APPEALS An appellate court is a court that hears appeals and reviews cases from the lower courts

3. U. S. SUPREME COURT Highest Court in the country. Consists of a Chief Justice and eight associate justices. President chooses the justices with the consent of the Senate. Justices serve for life.

STATE COURT SYSTEMS Local Trial Courts General Trial Courts Juvenile Courts Intermediate Appellate Courts State Supreme Courts

Local Trial Courts—Limited Jurisdiction (Minor Matters) Example: Small Claims Courts

General Trial Courts—Each county normally has one General Trial Courts—Each county normally has one. Handles criminal and civil cases

Juvenile Courts—Deal with juvenile offenders and children who need protection of the state up until the age of majority Have special jurisdiction over delinquent, unruly, abused and neglected children

JUVENILE COURTS— *Juvenile matters are sealed (proceedings not open to general public) to protect the minor* *Hearings are informal* *Have no right to trial by jury AND no right to be released on bail* *Must be proof beyond a reasonable doubt before a child can be convicted as an adult*

INTERMEDIATE APPELLATE COURTS—Some states have these courts to hear appeals *These courts are for people who believe they did not have a fair trial in the lower court OR if they feel the judge did not interpret the law correctly* *No witnesses testify—judges hear arguments from attorneys and study documents/records in the case*

STATE SUPREME COURTS— Highest court in most states STATE SUPREME COURTS— Highest court in most states *Decides matters of law appealed from lower courts* *Supreme courts do not hold a second trial* *Do not look at facts, but decide whether the lower court made a mistake in interpreting or applying the law*

CIVIL TRIAL PROCEDURE

LAW CAN BE DIVIDED INTO TWO SIMPLE CATEGORIES: 1 LAW CAN BE DIVIDED INTO TWO SIMPLE CATEGORIES: 1. Substantive Law—Tells Us What The Law Is 2. Procedural Law—Tells Us How The Law Works

Substantive Law has many Classifications Examples: Criminal Law, Business Law, Family Law, Bankruptcy Law

Procedural Law has TWO Major Divisions— 1 Procedural Law has TWO Major Divisions— 1. Civil Procedure—Cases brought to court by individuals who believe they have been injured *Does Not Involve Government, but two individual parties* 2. Criminal Procedure—Cases brought to court by government for offenses against the public. **Protects the public from harm**

Let’s Look At Civil Law--- With Civil Law, the injured person begins a lawsuit by filing a complaint with the court.

This is called--- LITIGATION

One Advantage of Litigation— Long legal history in our legal system, so there has been a chance to develop rules making the process as fair as possible.

One Disadvantage Of Litigation— The lawyer investigates the case, so this becomes costly and time consuming.

Survival Statutes ensure that survivors of a plaintiff can continue a case or bring a new case on the deceased person’s behalf. Statutes of Limitation – Provide a time limit for when a plaintiff may sue a defendant by.

ALTERNATIVE DISPUTE RESOLUTION (ADR)—. A substitute for lawsuits ALTERNATIVE DISPUTE RESOLUTION (ADR)— *A substitute for lawsuits* Occurs when parties try to resolve disagreements outside of the usual court system

Let’s Look At Some ADR Techniques--. Mediation. Arbitration Let’s Look At Some ADR Techniques-- . Mediation . Arbitration . Conciliation . Negotiation

MEDIATION— Parties to a dispute invite a MEDIATOR to help them solve the problem ********************* The Mediator tries to get the parties to come to a compromise, so the final decision remains in the hands of the parties.

ARBITRATION— Parties give the power to settle their dispute to a third party—the ARBITRATOR ************ The final decision lies in the hands of the arbitrator, a disadvantage, but the advantage is that it results in a fair solution.

CONCILIATION— Similar to Mediation and Arbitration, but parties are not brought together in face to face conversations by the CONCILIATOR *************** The conciliator goes back and forth to the parties seeking a consensus, avoiding arguments, an advantage, but time consuming, a disadvantage.

NEGOTIATION— A spokesperson, called the NEGOTIATOR, from each party represents them in the reconciliation process ************** Permits parties to determine the merits of their case without going to court, an advantage, but negotiation can lead to litigation, making the process even longer, a disadvantage.

CIVIL CASE PROCEDURES

Civil Litigation begins with Pleadings— Formal papers filed with the court by the plaintiff and defendant.

Plaintiff—Person bringing the lawsuit Defendant—Person who the lawsuit is against

The COMPLAINT expresses the plaintiff’s claims against the defendant.

The ANSWER is the defendant’s official response to the claims in the complaint.

METHODS OF DISCOVERY are used to bring facts out before the trial METHODS OF DISCOVERY are used to bring facts out before the trial. These include: Depositions Interrogatories Requests for Documents/Evidence Physical/Mental Examinations Requests for Admission ************ If case isn’t settled at that point, the case is placed on a calendar for trial

Before a trial takes place, a PRETRIAL HEARING occurs Before a trial takes place, a PRETRIAL HEARING occurs. This is an informal hearing before a judge. ************* Sometimes a case is settled at this hearing. If not, it goes to trial.

STEPS IN A TRIAL

Parties decide if they want a--- Court Trial: No Jury and Judge Makes Decisions Jury Trial: Jury chosen, then trial moves to opening statements and introduction of evidence. Following the evidence, closing arguments begin. After the closing arguments the judge gives the jury its instructions. The jury brings a verdict, which is followed by a judgment.

Jury Selection Chosen from a group of people who have been called to serve. Will determine the facts of case and bring a verdict.

ARGUMENTS AND EVIDENCE --Opening Statements: Explain what the lawyers intend to prove The Plaintiff’s lawyer goes first, the Defendant’s lawyer goes next or waits until the plaintiff’s evidence has been presented.

(Arguments and Evidence, continued…) After plaintiff’s evidence has been presented, witnesses and expert witnesses (those giving authoritative opinions on evidence in the case) testify.

(Arguments and Evidence, continued…) Defense attorney cross examines the plaintiff’s witnesses—this tests the truths of a witness’s statements and possibly brings out more evidence. When complete, the defendant’s lawyer presents evidence. The plaintiff’s attorney may then cross examine.

Arguments and Evidence, continued… When both lawyers are done, they “REST THEIR CASE”

Arguments and Evidence, continued… The Plaintiff’s lawyer is the first to give a closing argument, followed by the Defense lawyer. Each gives a summary of the evidence and suggests reasons why the judge or jury should find in favor of their client.

3.INSTRUCTIONS TO THE JURY The judge must explain the law to the jury, called JURY INSTRUCTION Lawyers from both sides may suggest instructions for the jury

4. VERDICT AND JUDGMENT— --Jurors go to the jury room to talk about the case --Jury decides on a verdict --The court issues a judgment (court’s determination of liability in the case, or who is responsible for what) *************** **If there is no jury, the judge issues findings of fact, similar to a verdict, then conclusions of law and a judgment**

4. REMEDIES— When a defendant is found liable in a civil trial, the plaintiff is granted a remedy.

TWO Types of Remedies— 1. Payment of Money 2 TWO Types of Remedies— 1. Payment of Money 2. A Required Action By The Defendant Examples: Requiring Defendant to Keep A Promise On A Contract Is Called Specific Performance If He/She Needs To Stop Doing Something, It’s Called An Injunction

6. EXECUTION OF JUDGMENT— The judgment of the court must be carried out. A judgment is enforced when the judge issues an execution order.

APPEAL PROCESS ********************* Parties are permitted to appeal the judgment of the court An appeal can only be based on a legal mistake by the judge No Retrial At This Level Lawyers Argue Their Cases, Which Can Affirm, Reverse or Remand The Case Back To The Lower Court

CRIMINAL TRIAL PROCEDURE

An ARREST Occurs When A Person Is Legally Deprived Of His Or Her Freedom Criminal Cases Start When The Defendant Is Arrested

Defendant’s have a Right To Due Process Of Law— Fair Treatment According To Established Legal Principles

Law Requires A Court Hearing Immediately, Which Is Held To Protect The Defendant’s Rights ************ The Trial Is Planned For A Later Date To Give Lawyers Time To Prepare Their Cases

Rules For Criminal Procedure Must Be Followed Exactly, But Civil Cases Procedures May Be Altered Or Changed If Agreed To By Parties And Judge.

RIGHTS OF THE DEFENDANT

MIRANDA RIGHTS--- Require Police To Tell People What Crimes They Are Being Arrested For AND That They Have The Right To An Attorney Also, They Have The Right To Remain Silent

Police Officers Can Arrest A Person At Any Time With A Warrant Police Officers Can Arrest Without A Warrant If Officer Believes The Person Is Committing A Crime In Their Presence OR If The Officer Believes The Person Has Already Committed A Crime

BAIL— Money or other property that is left with the court to assure that a person who has been arrested, but released, will return to trial. The Judge determines bail.

SEARCH AND SEIZURE— An officer may search a person, car, house or other building ONLY if given permission OR if the officer has a search warrant. **Search must only be area listed in warrant. **A limited body search may be done if officer believes person is carrying a weapon. Then, the person must be released or arrested. **Persons arrested may be searched Without a warrant.

THE ARRAIGNMENT

Depending on the jurisdiction after the brief initial court hearing, the prosecuting lawyer either prepares an information (set of formal charges drawn up by the prosecuting attorney) OR presents the case to the Grand Jury

GRAND JURY— Made up of citizens who decide, in private, if there is enough evidence to justify accusing a person of a crime. ********** If they decide a crime has been committed, and there is a possibility the person is guilty, they issue an indictment (written accusation charging the individual)

After the Indictment, accused is brought to court for Arraignment After the Indictment, accused is brought to court for Arraignment. An Arraignment is a formal hearing where the defendant is read the indictment or information and asked to plead guilty or not guilty.

If a person pleads guilty, the judge may impose the sentence If a person pleads guilty, the judge may impose the sentence. If a person pleads not guilty, the case goes to trial. The person may also plead guilty pursuant to a plea agreement (an agreement between the government and the defendant. Trial is difficult, so may offer to change charges to a crime with a lesser sentence if defendant will plead guilty without a trial).

THE TRIAL

With Jury Trials, The Verdict Must Be Unanimous With Jury Trials, The Verdict Must Be Unanimous. If jurors can’t agree, it is a hung jury and a mistrial is called.

If a defendant is guilty, the judge imposes a sentence in the form of a fine, imprisonment, or both. In a criminal matter, it means the defendant is guilty beyond all reasonable doubt to committing the crime. In every crime there is also an element of intent, which means the defendant must have intended to break the law.

DOUBLE JEOPARDY --Defined in the fifth amendment --A person who has been found not guilty, cannot be tried twice for the same crime in the same court

SENTENCING

FINES— The payment of money as a penalty for committing a minor crime FINES— The payment of money as a penalty for committing a minor crime. **Fines may also be attached to more serious penalties. Ex. Pay a fine and face imprisonment

IMPRISONMENT— All states deal with this differently In some states the judge hands down an indefinite sentence (states minimum and maximum time to be spent in prison), other states give an exact period of time and some states have mandatory sentences for certain crimes.

DEATH PENALTY— U. S. Supreme Court holds that a jury, not a judge, must now decide whether a defendant deserves the death penalty. *********** Criminal defendants under 18 years of age and those who are mentally incompetent cannot be sentenced to death

DISPOSITION OF JUVENILE CASES

Cases involving juvenile offenders are handled by the juvenile court Cases involving juvenile offenders are handled by the juvenile court. The first step is the detention hearing….

A detention hearing is a court session during which the judge tries to learn whether there are good reasons to keep the accused in custody.

After investigating the minor’s background and home life, the judge might dismiss the charges after hearing the results of the investigation. If not, the judge conducts an Adjudicatory Hearing—the informal hearing of the case by the court.

The judge may question the young person and parents, listen to witnesses, or seek advice from the probation officer.

After a hearing, the judge might decide the outcome of the case in one of three ways….

1. May allow the offender to return home on probation for a period of time, under the supervision of a probation officer. 2. Might place the offender in an agency or foster home. Natural parents would be required to pay what they could toward the offender’s support. 3. May commit the offender to a training or reform school.

The juvenile offender may also be ordered to pay for damages with money, work or both. The parents of the offender may have to repay the victim. Sentences set with REHABILITATION in mind Sentences usually limited to probation under court supervision, confinement for not more than three years in a reform type environment or another course of action designed to help, rather than punish.