1. The Court System and Trial Procedures
Chapter 1.2
The Court System and
Trial Procedures

2. Bell Ringer #1 Do all cases get resolved in court? Explain!
Is there only one type of court where a case might go? Yes/No
If no, what are some of the other types of court systems and what types of cases might they hear?

3. Bell Ringer #2
You and a friend are having a dispute about what movie to see. What are some of the ways you might resolve this problem?

4. Bell Ringer #3
What are the Miranda Rights? (the speech cops give you when you get arrested. To the best of your ability write them down.)

5. Bell Ringer #4
Suppose that the principal of your school has decided that all students will be searched when they enter the school building in the morning and when they leave in the afternoon. Write a legal argument that you could present to the principal when you ask him/her to reconsider the new search policy.

6. Dual Court Systems
Federal Courts
State Courts

7. Federal Court Systems
Power comes from Article III of the Constitution.
Jurisdiction - power and authority to hear a case

8. Jurisdiction of Federal Courts
Cases where the US or a State is a party
Cases that raise a federal question
Diversity of citizenship cases
Admiralty
Patent-right, copyright
Bankruptcy

9. 3 Steps of Federal Courts
Step 1 - lowest step - US District Courts
Step 2 - middle step - US Court of Appeals
Step 3 - highest step - Supreme Court of the United State

10. District Courts
Original Jurisdiction
89 district courts in the US

11. Court of Appeals Hears cases on appeal Reviews cases from lower courts
Appellate jurisdiction
13 judicial circuits
Not in all states
Cases heard by 3 judges, no witnesses, no evidence, no jury
Raise questions of law
Not all cases can be appealed.

12. Special US Courts Works with district courts and courts of appeal
Jurisdiction in certain kinds of cases
Lawsuits against general government
Disagreement over taxes on imported goods
Disputes between taxpayers and the IRS

13. Supreme Court Highest court in the land
Chief justice and 8 associate justices
Original and Appellate jurisdiction
Hears all cases involving constitutionality of federal law
Decides by a vote of 4/9 justices as to what cases it will hear from court of appeals or state supreme courts.

14. Court System

15. State Court Systems Local Trial Courts General Trial Courts
Juvenile Courts
Intermediate Appellate Courts
State Supreme Courts

16. Local Trial Courts Limited jurisdiction (minor matters)
Types of Local Trial Courts
Justice of the Peace (magistrate courts)
Traffic Court/Police Court/Municipal Court
Special Courts (family disputes, juvenile offenses, small claims)

17. General Trial Courts General Jurisdiction
Called county courts/superior court/court of common pleas or circuit courts
Trial courts for major civil and criminal cases in each state
Starting point for all cases involving major crimes and large amounts of money.

18. Juvenile Courts
Special jurisdiction over delinquent, unruly, abused and neglected kids.
Records are sealed
Hearings are informal
No rights for a trial by jury
Cannot be released on bail
Must be proof beyond a reasonable doubt to convict child as an adult

19. Intermediate Courts Appeals if parties believe:
1. They didn’t get a fair trial
2. The judge interpreted the law wrong.
Hear appeals on Questions of the Law
No witnesses testify
Hear only arguments from attorney.

20. State Supreme Courts Highest court in the state
Decides matters of law appealed from lower courts
Do not hold second trial
Do not look at facts
Decides only if lower court interpreted the law incorrectly.

21. Happens in the circuit where the case was tried
Federal Appeal Cases
Us. District Court
Each state has at least one!
Court of Appeals
Happens in the circuit where the case was tried
Split into 13 circuits.
Supreme Court
Washington, DC
State Court Systems
Local Trial Courts
Lots of them
Courts of General Jurisdiction
Each county has one
Appellate courts
2/3 state have them
State Supreme Court
46 States have them

22. Civil Trial Procedure 2 Types of Law
1. Substantive Law - what the law is. (criminal law, family law, business law, bankruptcy law)
2. Procedural Law - How the law works. (criminal procedures or civil procedures)

23. Procedural Law 2 types: 1. Criminal Law - offenses against the public
2. Civil Law - individuals who feel they have been injured

24. Civil Law Injured person files a complaint with the court (Litigation)
Advantages
Long history in legal system
Courts develop rules to make the process fair
Disadvantages
Attorneys investigate (costly & time consuming)
Attorneys are not guaranteed or required
Person may represent themselves (still held to same rules)

25. Important Civil Statutes
Victim’s families may sue for compensations (wrongful death suites)
Survival Statutes - plaintiff dies, representative of the deceased can continue the case/bring new case
Statute of Limitations - time
limit to sue

26. Alternative Dispute Resolutions
Resolve a dispute outside of the courtroom
Cuts costs and saves time
4 Techniques are used:
1. Mediation
2. Arbitration
3. Conciliation
4. Negotiation

27. Neutral party (mediator) tries to persuade the parties to compromise.
Mediation
Neutral party (mediator) tries to persuade the parties to compromise.
Advantages
Final decision in the hands of the parties involved
Disadvantages
If done quickly, can highlight the disagreement rather than the points of the agreement.

28. Third party settles the dispute.
Arbitration
Third party settles the dispute.
Advantages
Decision is in hands of an independent, objective 3rd party
Fair solutions
Disadvantages
People having the dispute have no say in the final decision.

29. Conciliation Advantages: Disadvantages
Intermediary doesn’t bring the parties together for a face to face conversation. They are seeking a consensus.
Advantages:
Parties are separated, reduces the risk of confrontation.
Disadvantages
Takes more time because of the separate meetings

30. Negotiation Disadvantages Usually leads to litigation Takes longer
Each party has a spokesperson to represent them throughout the process.
Advantages
Parties can determine the relative merits of the arguments without going to court.
Parties have a say
Disadvantages
Usually leads to litigation
Takes longer

31. What types of questions would an attorney ask?
How would each interfere with the trial?

32. Civil Court Procedures
Pleadings
Methods of Discovery
Pretrial Hearing
Jury Trial
Instructions to the Jury
Verdict and Judgments
Remedies
Execution of Judgment

33. Civil Court Procedures
Pleadings - formal papers filed with the court by the plaintiff and defendant.
Plaintiff’s Court issued Defendant’s Complaint summons Answer
to defendant

34. Civil Court Procedures
Methods of Discovery - methods used to bring out facts before the trial.
Makes facts of case known to both parties before the trial begins
Clearly recognize all disputes
Takes less time to try or can settle out of court
If not settled after discovery phase, court clerk places the case on the calendar (court docket) for trial.

35. Civil Court Procedures
3. Pretrial Hearing - informal hearing before the judge in an attempt to simplify the issues and discuss matters that might help the case get resolved quicker.

36. Civil Court Procedures
Jury Trial
Steps in a Jury Trial
a. Select a jury
b. Opening Statements
c. Introduction of Evidence
d. Closing Arguments.

37. Selecting a Jury
Jury - citizens that determine the facts and apply law.
Attorneys ask questions
Look at their backgrounds, educations, experience, relationships, attitudes, employment
How they relate to each other.

38. Opening Statements
Each attorney tells the judge and jury about the case and what they intend to prove
Plaintiff’s attorney goes first
Some states can choose to postpone making an opening statement until the plaintiff’s evidence has been presented.

39. Introduction of Evidence
Real evidence - evidence you can see
Testimony of a witness
Cross-Examine

40. Instructions to the Jury
Judge explains the law to the jury in terms they will understand
Attorneys offer suggestions about instructions to assist the judge
Final charge to the jury is up to the judge.

41. Verdict and Judgments Jury deliberations
Verdict - decision of the jury
Civil cases - jury finds “in favor” of one party
Varies from state to state on # of jurors that have to agree
After the verdict the court issues a judgment (courts final determination)

42. remedies
If the defendant is found liable in a civil trial, the plaintiff is granted a remedy.
2 Types
1. Payment of money
2. Action by the defendant
- Specific Performance - keep a promise in a contract
- Injunction - have the defendant stop doing something

43. Execution of Judgment Judgment must be carried out (executed)
Plaintiff - may get payment
Defendant - may be allowed to retain property claimed by the plaintiff
Judgment is enforced by the issuance of an execution by the court
Sheriff may take property , may sell it at an auction, or remove the person/property to another location.

44. Appeals Process Parties can appeal the judgment of the court.
Only because of a mistake by the judge.

45. Criminal Trial Procedures
Arrest the defendant
Immediate court hearing
Case is postponed
Attorney’s prepare their cases.

46. Arrest the defendant Arrest - deprive of your freedom
Warrant - gives officer permission to arrest the person at any time
Arrest Warrant - order issued by a court saying the person is charged with a crime

47. Rights of the Defendant
Constitutional rights must be informed to the person being arrested.
Miranda vs. Arizona (Miranda Rights)
Know what you are charged with
Names of the police officers
Make a phone call

48. Other Rights Name some of the other rights you might have.
Is everyone entitled to bail?
Why/why not?

49. Search and Seizure
Search warrant - allows an officer to conduct a search.
Search is limited to areas mentioned
Person getting searched can read the warrant or have it read to them
Frisk - limited search of a person’s being looking for concealed weapons.

50. Searches without a warrant
People who have been arrested
Limited search area where the person was arrested.
Things in plain view
School officers are allowed to search students with reasonable grounds.

51. Car Searches w/out warrant
Limited search if you were arrested in the car
With good reason, search the entire car
Can impound the car until you obtain a search warrant
Entire passenger areas

52. The Arraignment
Bringing the defendant before the court, told about the complaint, made aware of their rights.
Judge can dismiss the complaint, or find probable cause that a crime was committed and refer the case to an attorney.
Information - set of formal charges drawn up by the prosecuting attorney.

53. Grand Jury Jury of inquiry
Decides is there enough evidence to go to court.
More members than a petit jury.

54. If committed a crime…
Issued an indictment (written accusation issued by grand jury charging person with a crime) - Doesn’t mean the person is guilty.
Arraignment - procedure where the accused is brought before the court, read the indictment, and asked to plead guilty/not guilty.

55. Arraignment If plead guilty - sentence can be issued right there.
If pleads not guilty - case proceeds to trial
Guilty but with a plea agreement - charged with a lesser offense so they can stay out of court)

56. Petit Jury
Trial jury
Decides guilt/innocence
Smaller # of members

57. The Trial Jury selection occurs Opening statements Introduce evidence
Closing statements
Instructions to the jury
Deliberations
Court’s judgment

58. Sentencing Judge decides the punishment.
There are certain guidelines and penalties that come with each crime.
1. Fines
2. Imprisonment
Indefinite/indeterminate sentences
Definite/determinate sentences
Mandatory sentence
3. Death Penalty

59. Death Penalty Discussion
What are your opinions about the death penalty?
What about people who are mentally challenged?
What about people who are under aged?

60. Juvenile Cases Detention Hearing Adjudicatory Hearing
Dispositional Hearing

61. Decision Time
After the adjudicatory or dispositional hearing the judge decides the outcome.
3 Ways to Settle:
Offender returns home
Offender goes to an agency/foster home
Offender goes to a training school or reformatory.