2 A Trip to the Courthouse Characters:Mrs. Martinez………….Ms. WaltonThai ………………………JacoyJamila ……………………IronishaFeliciaPeggy……………………..KerishaDaniel ……………………JacoyPage 27
3 A Dual Court System Section 2.1 Learning the structure of the court systems in the United States will help you understand how the legal system works.
4 What You’ll Learn How to determine a court’s jurisdiction. How to explain the structure of the federal court system.How to explain the role of the United States Supreme Court.How to explain the structure of the state court system.How to describe the difference between a juvenile who is unruly and one who is delinquent.
5 Legal Terms Jurisdiction Diversity of citizenship Original jurisdictionAppellate courtsIntermediate courtsAppellate jurisdictionLimited jurisdictionGeneral jurisdictionDelinquent childUnruly childNeglected or abused child
6 The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment. Federal jurisdiction cases areAction which the United States or one state is a party, except those between a state and its citizensCases that raise a federal question, such interpreting the Constitution.The United States court system of justice has two major parts – the Federal system and the state court system.Federal courts hear cases involving federal matters and matters involving diversity of citizenship.
7 The Federal Court System Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in the dispute exceeds $75,000.Admiralty cases, or those pertaining to seaPatent and copyright casesBankruptcy cases
8 Federal Court System Federal courts are arranged in three steps: US District courts – located throughout the USUS court s of appeals, andThe Supreme Court of the United States
9 District CourtsDistrict courts have original jurisdiction over most federal court cases.They try a case the first time it is heardMost federal cases begin in one of the US district courtsCivil andCriminal
10 Court of Appeals US court of appeals, also called Appellate courtsIntermediate courtsCourts between lower and the higher courtsThey hear appeals and review casesThey have appellate jurisdiction, meaning that any party may appeal to the federal court of appeals
11 Court of AppealsThe United States is divided into thirteen judicial circuits.Each circuit has several district courts and one court of appealsA panel of 3 judge is responsible for rending decisionsAppellate courts only determine whether the lower court correctly applied the law in the circumstances.
12 Special US Courts Congress has established several special courts They have jurisdiction in cases such as:Suits brought by citizens against the federal governmentDisagreements over taxes on imported goodsDisputes between taxpayers and the Internal Revenue Service.
13 Supreme Court The US Supreme Court is the highest court in the land. It has original jurisdiction in all cases involvingAmbassadors, consul or other public ministersCases in which a state is a partyAppellate jurisdiction is the court’s main function
14 Supreme CourtThe court must hear all cases that involve the constitutionality of a federal law.Decides by a vote of at least 4 of the 9 justices, which additional cases it will hear from the US court of appeals or the state supreme court.
15 State Court Systems Local Trial Courts General Trial Courts Special CourtsDomestic Relations CourtsJuvenile CourtsIntermediate Appellate CourtsSupreme Courts
16 Local Trial Courts Courts of limited jurisdiction Courts also called Handle minor mattersMisdemeanorsCivil actions involving small amounts of moneyCourts also calledJustice of the peaceMagistratesTrafficPoliceMunicipal
17 General Trial CourtsEach county has at least one general trial court, or court of general jurisdiction.These courts are calledCounty courtsSuperior courtsCourts of common pleasCircuit courtsThese courts handle criminal and civil cases
18 Special CourtsDomestic Relations Courts handle family or domestic relations.DivorceAnnulment and Dissolution proceedingDistribution of property, child support and alimonySpecial courts have been established to handle specialized cases. For example, probate courts hear cases involving the property of deceased persons.
19 Special Courts (cont.) Juvenile Courts have special jurisdiction over Delinquent childA minor under certain age (16-18) who has committed an adult crimeUnruly childA minor who has done something inappropriate that is not considered an adult crimeViolating curfewSkipping schoolUsing tobaccoAbused or Neglected childOne who is homeless. destitute, or without adequate adult supervision
20 Intermediate Appellate Courts Intermediate appellate courts hear appeals from courts of general jurisdictionsAppeals made if parties feel they did not have a fair trial or the judge do not properly interpret the lawState appellate courts hear appeals only on questions of law.
21 Supreme CourtsThe highest court in most states is known as the supreme courtThey decide matters of law appealed from lower courts.They do not retry the case or re-determine factsThey decide whether an error was made in the lower courts.This court chooses the cases it hears.
23 Section 2.1 Assessment Reviewing What you Learned Critical Thinking ActivityJournal ActivityLegal Skills in Action
24 Trial Procedure Section 2.2 Learning the alternatives to litigation will help you handle disputes that arise.
25 What You’ll Learn How to seek alternatives to litigations How to differentiate between civil and criminal casesHow to explain the steps in a civil lawsuitHow to exercise your rights if you are arrestedHow to explain the steps in a criminal prosecutionHow to apply court procedures to juvenile cases.
28 Alternative Dispute Resolution (ADR) ADR can be classified in two waysReactive methodsProactive MethodsAlternative dispute resolution is an increasingly popular process that occurs when parties try to resolve disagreements outside the usual adversarial system by using creative settlement techniques.
29 Reactive Methods Used after a dispute has arisen Mediation Arbitration Meditation-arbitration (Med-arb)Early Neutral evaluationSummary Jury TrialPrivate Civil Trial
30 Proactive Methods Discussed before a dispute arises Partnering Settlement WeekNegotiated Rule MakingScience Court
31 PleadingsFormal papers filed with the court by the plaintiff and defendant.Complaint expresses the plaintiff’s allegations or claimsThe answer is the defendant’s response to those allegationsMethods of discovery are use to bring out the factsDepositionsInterrogatoriesRequest for documents and other evidencePhysical and mental examinationsCivil Trial begin with pleading.
32 Pretrial HearingPretrial hearing is an informal meeting before a judgeTo simplify issues and discuss matter that might help dispose of the case.Before the actual trial takes place, a pretrial hearing usually occurs.
33 Steps in a Jury Trial Selecting the Jury Opening statement Introduction of EvidenceClosing ArgumentsInstructions to the JuryVerdict and Judgment
34 Remedies Category of remedies Payment of damages Equitable remedy Specific performance – doing what you promise to do.Injunction – order to stop performing an actionWhen a defendant is found liable in a civil trial, the plaintiff is entitled to a remedy.
35 Execution of JudgmentAfter a trial determines a winning party the judgment of the court must be carried out
37 Arrest of DefendantRights of the defendantSearch and Seizure
38 The ArraignmentAfter a defendant is arrested, evidence is presented to the grand jury.A grand jury conducts preliminary hearing to determine if case should go to trial.If jury decides a crime has been committed , they issue an indictment.The accused is brought to court for arraignment.The accused pleads guilty or not guilty.
39 The Trial If the defendant request a jury trial Selection of juryAttorney makes opening statementIntroduction of evidenceOtherwise, the case is tried before the judge who decides the verdictThe trial ends with the attorney’s closing arguments and instruction to the juryIn a criminal case with a jury, the verdict must be unanimous.A mistrial is called if the jury cannot agree, and a new trial may be held at the option of the prosecution.If the defendant is not guilty, he or she will be released.If guilty, the judge imposes a sentence
40 Sentencing Fines Imprisonment The Death Penalty laws require three phases:The jury determines whether the defendant is guiltyThe judge or jury listens to attorneys’ argument and determines the punishment under state laws that clearly set forth factors to be considered in a presentencing hearingAn appeal is taken to the states highest courtA fine is the payment of money as a penalty for committing a crime, normally a minor crime
41 Disposition of Juvenile Cases As a first step, the judge usually holds a detention hearing to learn if there are good reasons to keep the accused in custody.The judge mayPlace the offender on probationPlace the offender in an agency or foster homeCommit the offender to a training or reform school.
42 Section 2.2 Assessment Reviewing What You Learned Critically Thinking ActivityLegal Skills in Action
43 Chapter SummaryJurisdiction is the power and authority given a court to hear a case and to make judgmentA court with original jurisdiction hears a case tried for the first time in its court.A court with appellate jurisdiction reviews a case on appeal from the lower courts.Court with limited jurisdiction handle minor mattersGeneral jurisdiction means that a court has the power to hear most types of cases.
44 Chapter Summary Federal courts are arranged in three levels: US district courtsUS court of appealsThe Supreme Court of the United StatesState courts systems consist ofLocal trial courtCourts of general jurisdictionAppellate courtsIts own State Supreme Court
45 Chapter SummaryA juvenile delinquent is a child who commits an adult crime.An unruly child is generally a minor who has done something that wouldn’t be a crime committed by an adultA neglected or abused child is one who is without adequate parental care or one who is homeless.
46 Chapter SummaryReview the summary section on Section 2.2 The Trial Procedures page 50.People placed under arrest may exercise their rights in several waysThey may remain silentThey may call an attorneyIf they choose to answer questions, they may have an attorney present.