Presentation on theme: "Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and."— Presentation transcript:
1 VocabularyIndictment- Determines if there is enough evidence for a defendant to go to trialArraignment- Defendant is officially informed of charges and enters a pleaSubpoena- Legal document that orders someone to testifyProsecution- The Federal or State government that brings charges against a defendant in a criminal trial.Conviction- The accused is found guilty in court.Acquittal- The accused is found innocent in court.Plaintiff- The side that brings a lawsuit in a civil case.Defendant- Whom the lawsuit is filed against or the accused in a criminal case.
2 Warm up?Explain the difference between the Prosecution and Defense.
5 Addressing ConflictsConflict Resolution is the ability to end a dispute/conflict in a manner acceptable to both sidesDebateNegotiationCompromiseLeaders hope that debate and negotiation will lead to a consensusAll parties are in agreement…this process is called consensus building
6 Jurisdiction of Courts Original jurisdiction (authority to hear a case first)Appellate Jurisdiction (authority to review the decisions of a court having original jurisdiction)Concurrent Jurisdiction (both having authority to hear a case)Exclusive Jurisdiction (only the federal courts can hear the case)Lawsuit against US Gov’t
7 State Courts NC Supreme Court Highest Court in State, exercises appellate jurisdiction over all lower court decisionsStrike down laws that violate the NC ConstitutionNC Court of AppealsIntermediate appellate courtAppellate jurisdiction over decisions made in Superior/District courtsSuperior CourtsAlso called general trial courts, they have jurisdiction over more serious criminal cases and civil casesAppellate jurisdiction over district courtDistrict CourtsAlso known as lower courts, they have jurisdiction over misdemeanor and civil cases involving small claims
8 Federal CourtsUS District courts act as the federal court systems trial courts for criminal/civil casesDistrict Courts original jurisdiction:Violation of federal lawLawsuits involving the USCases involving Maritime LawDisputes between parties in different states
9 Special Courts US Court of Appeals Original jurisdiction over certain kinds of casesCourt of International TradeUS Court of Federal ClaimsUS Tax CourtUS Court of AppealsJurisdiction over cases heard by US District, Special and State Supreme Court
10 US Supreme Court Appellate jurisdiction over all fed/state courts Declares acts Congress, President & laws unconstitutional
11 Federal Courts US Supreme Court US Appeals Court State Supreme Court US District CourtState Supreme CourtUS Special CourtUS Appeals Court
12 Judicial process Adversarial System Attorney vs. Attorney The Judge makes sure the proper procedures are followed
13 Indictment or Complaint Crime and ArrestPerson charged is the defendant, attorney for the gov’t is the prosecutorIndictment or ComplaintUsed to protect the accusedDetermines if there is enough evidence to go to trial
14 3. Arraignment The Trial The Verdict Defendant is officially informed of charges and enters a pleaGuilty, not guilty, or no contestBailThe TrialThe Verdict
15 Court Docket Plea Bargaining Pre-Trial Motion Bailiffs Schedule of court proceedingsPlea BargainingDefendant agrees to plead guiltyPre-Trial MotionMotion filed in a legal brief to request that certain evidence be thrown outBailiffsCourt law enforcement officer
16 Criminal Trial Opening statements Made by both attorneysEach side calls witnesses by means of a subpoenaEach attorney may cross examine the witnessesWitnesses who lie are guilty of perjuryClosing argumentsLast chance for either attorney to persuade the jury
17 DeliberationThe jury discusses the trial and comes up with a verdictVerdictNot guilty- defendant is free and can’t be tried again (double jeopardy)Guilty- Judge sets a date for sentencing. However, in a capital case the jury must deliberate again to decide if convicted should be executedHung jury- jury was unable to come to a decision and a mistrial is declaredProsecution must retry the defendant
18 Civil Proceedings Sometimes referred to as “torts” Involve disputes between private citizens and businessesBegins when the plaintiff files a lawsuit seeking damagesThe defendant is served with a summons
19 Civil ConflictWhen conflicts between individuals can not be resolved Legal action is often the next step.Cases that involve a small amount of $ take place in small claims courtMany cases never go to court and are settled by a pre-hearing settlementArbitrationWhen the two disputing sides invite a 3rd party to help them find a solution
20 Appeals Process Appeal Issue of Law or Fact Rights of victims Those found guilty or who lose civil cases may file an appeal to a higher courtIssue of Law or FactIssue of facts asserts that certain facts, or new evidence should be given considerationIssue of law asserts that trial procedures were not properly followed or their rights were violatedRights of victims
21 Oral arguments Majority Opinion Dissenting Opinion Concurring Opinion Both attorneys attempt to convince the panel of judgesMajority OpinionWritten statement that describes court decisionDissenting OpinionWritten statement by judges who didn’t agree with decisionConcurring Opinion
24 ReflectionWhat state court has jurisdiction over crimes that are considered misdemeanors?What state court has jurisdiction over more serious crimes?What state court would you Appeal a case to after a verdict has been reached in the NC Superior Court?What is the highest state court?What cases does the US District court (federal) have original jurisdiction?What are 3 examples of Special Courts?What kind of Jurisdiction does the US Supreme court have?What is Writ of Certiorari?What does the term “adversarial” imply about our US Judicial system?How is an indictment and complaint used to protect the accused?What happens at an arraignment?Why would someone agree to a plea bargain?What is it called when a jury fails to reach a consensus?What are two reasons someone can appeal to a higher court?
25 ClosingWhat type of jurisdiction is involved if someone kills a person in South Carolina and then kills again in Maine?Mr. Mumbly Joe was convicted in NC Superior Court of armed robbery. What two reasons can Mumbly appeal his case? To where is he appealing his case?