Law and the Legal Process

Jurisdiction What is Jurisdiction? What is Jurisdiction? The authority of a court to hold a trial and decide a case The authority of a court to hold a trial and decide a case

Types of Jurisdiction Original Jurisdiction – The court that first heard the case Original Jurisdiction – The court that first heard the case In the federal and state court system only the district and trial courts have this jurisdiction In the federal and state court system only the district and trial courts have this jurisdiction Appellate Jurisdiction – A court that hears a case on appeal Appellate Jurisdiction – A court that hears a case on appeal Only the appellate (appeals) courts at the federal and state level have this jurisdiction Only the appellate (appeals) courts at the federal and state level have this jurisdiction

Types of Jurisdiction Federal Jurisdiction Federal Jurisdiction Exclusive Jurisdiction – Cases that can ONLY be heard in federal courts Exclusive Jurisdiction – Cases that can ONLY be heard in federal courts Cases involving officials from foreign governments Cases involving officials from foreign governments Concurrent Jurisdiction – Federal and State courts share the power to hear the case. Concurrent Jurisdiction – Federal and State courts share the power to hear the case. Cases involving citizens from two different states Cases involving citizens from two different states In order for federal court to hear case, money involved in case must be more than $75,000 In order for federal court to hear case, money involved in case must be more than $75,000

Types of Jurisdiction State Jurisdiction – Cases that can only be heard by state courts State Jurisdiction – Cases that can only be heard by state courts Marriage Cases Marriage Cases Lawsuits under $75,000 between two citizens Lawsuits under $75,000 between two citizens

Appointment of Judges President has the power to appoint federal judges President has the power to appoint federal judges Senate must approve them Senate must approve them Generally are attorneys or judges Generally are attorneys or judges Normally the same political party as the president Normally the same political party as the president

Judges Term Federal Judges appointed for life Federal Judges appointed for life Illinois Judges elected for 10 year terms Illinois Judges elected for 10 year terms May retire at the age of 70 if they have been a judge for 10 years or 65 if they have been a judge for 15 years May retire at the age of 70 if they have been a judge for 10 years or 65 if they have been a judge for 15 years When judges retire, they receive full salary for the rest of their lives When judges retire, they receive full salary for the rest of their lives

How cases reach the Supreme Court Writ of Certiorari – “To be certain” Order by the court directing a lower court to send up the case for review The right to be heard by the Supreme Court

Supreme Court Cases 8,000 Cases a year are petitioned “The rule of four” -4 out of 9 justices must agree to take the case Most cases are denied because the justices either agree with the lower courts or there is already a precedent covering the decision Fewer than 100 cases a year are decided

Supreme Court Procedure Docket -the Supreme Court’s schedule for events to be heard Brief -a written argument submitted by both sides arguing their side of the case 30 minutes for oral arguments in front of Supreme Court Conference –After reading briefs and hearing oral arguments the Supreme Court meets to make decision on a case

Supreme Court Decisions Stare Decisis –Latin for “let the decision stand” Precedent-Court decision on a case that will impact future cases

Supreme Court Opinions Majority Opinion Court’s decision in a case and sets out the reasoning on which it is based, sets precedent Concurring Opinion Statement written by a justice that agrees with the decision to emphasize certain points Dissenting Opinion Written by justices that disagree and states their reasoning Abstain To refuse to vote on a matter

Tinker v. Des Moines 1969 Are all forms of speech protected by the First Amendment?

Should Joseph Frederick been suspended for 10 days for this banner?

Investigating a Crime Arrest is made Arrest is made Miranda Rights given Miranda Rights given Suspect “booked” at police station Suspect “booked” at police station Charges recorded in police register (book) Charges recorded in police register (book)

Pre-trial Procedures Initial appearance w/in 24 hours Initial appearance w/in 24 hours Plea is entered Plea is entered Guilty (judge decides penalty) Guilty (judge decides penalty) Not guilty (trial date set) Not guilty (trial date set) No plea entered if felony No plea entered if felony Preliminary hearing date set Preliminary hearing date set

Setting bail Bail-$$$ left until suspect returns to trial Bail-$$$ left until suspect returns to trial Only 10% needed to be paid Only 10% needed to be paid Given back at court appearance Given back at court appearance If a no-show, money must If a no-show, money must be paid in full be paid in full

Preliminary hearing Determines if there is enough evidence (probable cause) to believe that the defendant committed the crime Determines if there is enough evidence (probable cause) to believe that the defendant committed the crime Often waived by defendant (not an admission of guilt, however) Often waived by defendant (not an admission of guilt, however) Does not determine guilt or innocence! Does not determine guilt or innocence!

Decisions for a Trial Federal Crimes go to grand jury to decide if a trial is justified Federal Crimes go to grand jury to decide if a trial is justified Arraignment-formal charge is read Arraignment-formal charge is read

Decisions for a Trial After hearing charges the defendant can plead: After hearing charges the defendant can plead: Guilty Guilty Not guilty Not guilty Not guilty by reason of insanity Not guilty by reason of insanity Nolo contendre (no contest) Nolo contendre (no contest) Done to avoid civil trial Done to avoid civil trial

Plea Bargaining Giving a guilty plea for less of a punishment Giving a guilty plea for less of a punishment Most states allow it Most states allow it Less cases to deal with Less cases to deal with Less money to spend Less money to spend Problems Problems Guilty people can go free Guilty people can go free Sometimes w/little punishment Sometimes w/little punishment Let’s make a deal!

Trials Bench Trial Bench Trial Trial by judge Trial by judge Jury Trial Trial by jury Guilty! Not Guilty!

Criminal Cases Punishment is jail or prison Punishment is jail or prison Vote must be 12-0 if a jury trial Vote must be 12-0 if a jury trial Litigants-participants in the case Litigants-participants in the case Defendant-person charged with wrongdoing Defendant-person charged with wrongdoing Prosecution-brings charges against defendant Prosecution-brings charges against defendant States attorney or district attorney States attorney or district attorney Has “burden of proof” Has “burden of proof”

Civil Cases Punishment is money Punishment is money Only needs to be a majority for jury to convict Only needs to be a majority for jury to convictLitigants: Defendant-person charged w/wrongdoing Defendant-person charged w/wrongdoing Plaintiff-person suing the defendant Plaintiff-person suing the defendant

Choosing Jurors Peremptory Challenge-disqualifying jurors for no reason Peremptory Challenge-disqualifying jurors for no reason Sequestering juries-too much media coverage Sequestering juries-too much media coverage Jurors cannot go home until end of trial Jurors cannot go home until end of trial

Verdict Guilty Guilty Acquittal (not guilty) Acquittal (not guilty) If the glove doesn’t fit you must acquit!

Verdict Mistrial Mistrial Hung jury Hung jury New trial needed New trial needed Not double jeopardy Not double jeopardy Appeals can be made to challenge a verdict in an appeals court Appeals can be made to challenge a verdict in an appeals court

Sentencing Punishment given Punishment given