1. Business Law Understand the structure of the U.S. Court System
Objective 1.02
Court Systems & Trial Procedures

2. Dual Court System
Federal Court System
State Court System

3. Federal Court System Derives from Article III of US Constitution
Governs over cases concerning federal matters
Governs over cases concerning diversity of citizenship
There are 13 Judicial Courts
12 Circuit Courts of Appeal – Geographically Located
1 Federal Circuit Court of Appeal – Special Cases
There are 94 federal district courts

4. Authority to hear a case and make a decision
Jurisdiction
Authority to hear a case and make a decision
Supreme Court Decisions

5. 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

6. 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 – most important function
Handle appeals from lower court cases
Appeal granted if four of nine judges agree to appeal

7. Federal Court System US Supreme Court (cont.) Chief Justice
Eight(8) Associate Justices
Nominated by the President
Appointment made by Senate
Constitution – Article III

8. Federal Court System US Court of Appeals
appellate jurisdiction over the district courts, certain specialized federal courts and many Federal agencies.
do not accept any new evidence or call witnesses.
review the trial transcripts, legal briefs and oral arguments from attorneys.
13 Federal Courts of Appeal - 12 of these are Circuit Courts and each is assigned a geographic area of the U. S.
Thirteenth cCourt is assigned to the federal circuit handles appealed patent cases from district court handles appeals from courts with special jurisdictions.

9. Federal Court System US District Courts
lowest level of Federal court with general jurisdiction
first to hear the dispute in the Federal system
power to determine the facts and make initial determinations
original jurisdiction on Federal cases that fall under the Constitution, U. S. Law and U. S. treaties and between a U. S. citizen and a foreign nation or a foreign citizen.
Blackboard:
Fed. Court Syst. T/F

10. NC State Court System N. C. Supreme Court state’s highest court
Chief Justice and six(6) associate justices
decide cases appealed from lower courts, including from the Court of Appeals.
no jury
makes no determinations of fact
considers only questions of law
means resolving a party’s claim that there were errors in legal procedures or in judicial interpretation of the law in the trial court or the Court of Appeals.

11. NC State Court System N. C. Court of Appeals
intermediate appellate court
Created by the Supreme Court
fifteen judges
sit in panels of three(3) to hear cases
Chief Judge of the Court of Appeals
appointed by the Chief Justice of the Supreme Court
decide only questions of law

12. NC State Court System N. C. Superior Court Trial court divisions
Determine the facts of cases
general trial jurisdiction
“Sits” or holds court at least twice a year in each county of the state
In busy counties, may hold several sessions each week.

13. NC State Court System N. C. District Court Magistrates’ Court
Trial court to determine the facts of cases
Magistrates’ Court
both civil and criminal matters
Civil – redress – compensation, restitution
Criminal – punishment – detriment to crimes
preside over “small claims "court
conduct certain preliminary proceedings and are authorized to dispose of some criminal cases by pleas of guilty or by trial.

14. State Court System Civil Court Criminal Court
civil jurisdiction of the trial court divisions
the superior court and district court is concurrent – can be filed in either court
Criminal Court
criminal jurisdiction
depends on the type of offense charged with a few exceptions, the superior court has exclusive jurisdiction over all felonies.

15. State Court System Juvenile Court
exclusive, original jurisdiction over all juvenile cases
children under the age of sixteen who are accused of being “delinquent” and children under the age of eighteen who are “undisciplined,” “abused,” “neglected” or “dependent.”
all records of juvenile proceedings are confidential and not open to the public.

16. Trial Procedures Criminal Cases Arrest Rights of Defendant
a person(Defendant) who has allegedly committed a felony offense or a serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons.
Rights of Defendant
Miranda vs. Arizona - constitutional right
What am I being arrested for?
Right to a lawyer at no cost
Right to say nothing
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

17. Trial Procedures Criminal Cases Initial Bail
the arrested person is taken before a magistrate and based on the charge, circumstances and the offenders prior criminal record, the magistrate sets an initial bail-bond amount in order for the person charged to be released

18. Trial Procedures Criminal Cases Arraignment/Initial Hearing Grand Jury
the charged person is brought before a judge to determine probable cause to have the case heard by a grand jury for possible indictment (if a felony charge). This arraignment is also used to change or set any bail requirements
Grand Jury
panel of eighteen citizens
randomly drawn from the same pool as those selected for jury duty for a trial
determine if probable cause exists for the case to go to trial

19. Civil Trial Procedures Correction / Fine
Civil Cases
Complainant(Plaintiff)
person or entity binging or filing the lawsuit
Defendant
person or entity against which the lawsuit is brought
Complaint
initial pleading by which a lawsuit is begun

20. Civil Trial Procedures Correction / Fine
Civil Cases
Answer
response to a civil complaint
Summons
issued by the Clerk of Court
official notice of the lawsuit
Pleadings
papers requesting something or responding to a request that are filed in the case, including the complaint and answer

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

22. Civil Trial Procedures
Civil and Criminal Trial Steps
Jury Selection
attorneys for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification referred to as
Voir dire

23. Civil Trial Procedures
Civil and Criminal Trial Steps
Opening Statement
beginning of the trial
limited to outlining facts
set the basic scene for the jurors
introduce them to the core dispute(s) in the case
provide a general road map of how the trial is expected to unfold

24. Civil Trial Procedures
Civil and Criminal Trial Steps
Testimony
declaration by a witness under oath, as that given before a court or deliberative body
Evidence Presentation
Item such as a coroner's report, a weapon in a criminal case or photographs in a civil case that can help corroborate or refute the testimony of other witnesses

25. Civil Trial Procedures
Civil and Criminal Trial Steps
Closing Arguments
opportunity to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to each sides position
Jury Instructions
given by the trial judge
specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

26. Civil Trial Procedures
Civil and Criminal Trial Steps
Jury Deliberation
jury is charged to find the defendant guilty or not guilty in criminal case by all 12 members
in civil case by the majority of the jurors in a civil trial

27. Civil & Criminal Trial Steps
Verdict/Sentence
in a criminal trial the jury must make a decision beyond a reasonable doubt
in a civil trial the jury must make a decision by a preponderance of the evidence.
in a civil case the verdict is sometimes called a judgment

28. 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 $75,000

29. 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