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Bellwork Let’s review for the quiz:
What is the purpose of the Constitution? How many articles and amendments are in the Constitution? What does “amended” mean? What are ethics and morals? Did you know? In Hong Kong, a betrayed wife is legally allowed to kill her adulterous husband. Although she may only do this with her bare.
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Today’s Agenda For the true false questions: True: 1 False: 2
Review for quiz Take quiz IF YOU HAVE AN ETHICS/MORALS QUESTIONS, ANSWER WITH ETHICS For the true false questions: True: 1 False: 2 Finish Bill of Rights poster Save first to your folder Save to dropbox Click “save as” Choose dropbox Choose first hour Click Save
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Bellwork You may need to open up your book to chapter 2- page 28, to help answer these questions: What is the highest court in the U.S. called? What does “jurisdiction” mean? If called to be a juror, known as a “jury summons”, are you obligated by law to go? Did you know? In St. Louis, Missouri, it is illegal for a fireman to rescue a woman if she is wearing only a nightgown. In order for her to be rescued, she must be fully clothed. He himself must be in official fireman's uniform.
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Types of Courts Before I forget, on yesterday’s quiz only 8 people got one of the questions right. It was either worded poorly, or I didn’t explain it thoroughly. I gave everyone an extra four points because of this, so your grade in PowerSchool will reflect a higher grade than what you saw…
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Dual Court System The U.S. system of justice has two parts:
Federal Court System State Court System
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Authority to hear a case and make a decision
Jurisdiction Authority to hear a case and make a decision
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Federal Jurisdiction Federal courts have jurisdiction over:
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 (pertaining to the sea), Patents, Copyrights, and Bankruptcy Cases
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Federal Court System US District Courts
Original Jurisdiction (power and authority) over most federal cases There are 94 Power to hear the case in full for the first time Both civil and criminal cases are heard
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Federal Court System US Court of Appeals
There are 12 Federal Court of Appeal courts Appellate jurisdiction Authority of court to review a decision of a lower court or administrative agency Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases No witnesses are heard, no evidence is presented, and no jury is present Only questions of law can be raised on appeal, not questions or fact They ONLY determine whether the lower court correctly applied the law in the circumstance They must hear all cases because people have an automatic right of appeal after a decision is made in trial court
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Federal Court System Highest court US Supreme Court
Has both Original and Appellate Jurisdiction Original jurisdiction Ambassadors, public ministers, cases in which the state is a party The court must hear all cases that involve the constitutionality of a federal law Appellate jurisdiction At least 4 of its 9 justices must agree which additional cases it will hear from the U.S. court of appeals or the state supreme courts
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Federal Court System Special US Courts Jurisdiction over special cases
Suits by citizens against federal government Suits concerning tax disagreements on imported goods Suits between taxpayers and IRS Page 32 in your book to fill in blanks on your diagram
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State Court System Each state has its own system Local Trial Courts
Limited jurisdiction Authority of a court to hear only one particular type of case, minor matters Misdemeanors Civil actions with small amounts of money Small claims of property damage Petty cash crimes Traffic, police, and municipal courts Juvenile and family disputes
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State Court System General Trial Courts General jurisdiction
Most counties have one general trial court Authority of a court to hear a wide range of cases Types of courts County Court Superior Court Court of Common Pleas Circuit Courts Criminal and Civil Cases Court
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State Court System Intermediate Appellate Courts
These courts hear appeals from courts of general jurisdiction These appeals may be made if the parties believe they did not have a fair trail in the lower court or that the judge did not properly interpret the law They hear appeals only on questions of law, not on questions of fact Instead of hearing witnesses, appeals judges hear oral arguments from attorney and study the documents and records in the case
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State Court System State Supreme Court Highest court in the state
Decides matters of law appealed from lower courts They do not retry a case They decide on whether an error in interpreting or applying the law was made in the lower courts It chooses the cases to hear
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State Court System Special Courts Limited jurisdiction
Authority of a court to hear only one particular type of case Court Cases include: Probate Cases – cases involving property of deceased persons without a will Adoption Cases Traffic Cases Domestic Relations Cases – cases of abuse between family or household members Juvenile Cases – cases involving delinquent, unruly, abused, or neglected children (Cases are heard in Juvenile Courts)
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Juvenile Courts Have special jurisdiction over delinquent (minor under who has committed an adult crime Procedures are less formal Young people have no right to a trail by jury or to be released on bail Unruly child- a minor who has done something inappropriate that is not considered an adult crime Neglected or abuse child- homeless, destitute, or without adequate parental care- In this case, the courts may make the child a ward of the state
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Tim and Moby… The Court System explained in 3 1/2 minutes
Tim and Moby explain it a little bit different than me. Be sure to take notes on new information! Not enough room on the front? Use the back.
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What court do these cases belong to?
I will be reading, and displaying 10 cases. As a team (your team is the people at your table), you will decide what court has jurisdiction to hear the case One person will be deemed the “leader” and will hold up the name of the court that has jurisdiction to hear the case
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Civil Trial Procedures
Individual files complaint Complaint – Legal document containing a short and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases
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Civil Trial Procedures
Pleadings Plaintiff files complaint Clerk issues summons Defendant must answer within time limit Answer is a formal written document admitting or denying complaint
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Civil Trial Procedures
Methods of Discovery Bring out facts before a trial Examples: Deposition, interrogation, request for admission Affidavit - documentary evidence Pretrial Hearing Informal hearing to simplify issues and discuss matters
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Civil Trial Procedures
Steps to a Trial Select a jury Opening statements Plaintiff presents evidence Real evidence is photographs, actual objects, etc. Witnesses testify Failure to appear will result in a contempt of court order Defense presents evidence
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Civil Trial Procedures
Steps to a Trial (continued) Closing Arguments Same order Instructions to Jury Statement made by the judge Verdict Judgment Execution of Judgment
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Criminal Trial Procedures
Arrest of Defendant Rights of Defendant Miranda - constitutional right Bail - Lose money if you don’t appear 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
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Due Process of a Juvenile
Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16
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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 $50,000
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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
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