1. Chapter 2: Courts & Trials

2. Chapter 2 The Court System Section 2.1 A Dual Court System Section 2.2
Trial Procedures

3. What You’ll Learn
How to determine a court’s jurisdiction (pp )
How to explain the structure of the federal court system (p. 28)

4. What You’ll Learn
How to explain the role of the United States Supreme Court (p. 30)
How to explain the structure of the state court system (p. 30)

5. What You’ll Learn
How to describe the difference between a juvenile who is unruly and one who is delinquent (p. 31)

6. Why It’s Important
Learning the structure of the court systems in the United States will help you understand how the legal system works.

7. Legal Terms
jurisdiction (p. 28)
diversity of citizenship (p.28)
original jurisdiction (p. 28)
appellate court (p. 29)
intermediate court (p. 29)
appellate jurisdiction (p. 29)

8. Legal Terms
limited jurisdiction (p. 30)
general jurisdiction (p. 31)
delinquent child (p. 31)
unruly child (p. 31)
neglected or abused child (p. 32)

9. Section Outline The Federal Court System District Courts
Courts of Appeals
Special U.S. Courts
Supreme Court

10. Section Outline State Court Systems Local Trial Courts
General Trial Courts
Special Courts
Intermediate Appellate Courts
Supreme Courts

11. Pre-Learning Question
Over which types of cases does the federal court system have jurisdiction?

12. The Federal Court System
Federal courts hear cases involving
Federal matters
Matters involving diversity of citizenship

13. The Federal Court System
Jurisdiction is the power and authority given to a court to hear a case and to make a judgment.

14. The Federal Court System
Federal courts have jurisdiction over:
Actions in which the United States or one state is a party, except those actions between a state and its citizens.
Cases that raise a federal question, such as interpreting the Constitution.

15. The Federal Court System
Federal courts have jurisdiction over:
Diversity of citizenship cases, which involve citizens of different states and in which the amount of money in dispute exceeds $75,000.
Admiralty cases, or those pertaining to the sea .

16. The Federal Court System
Federal courts have jurisdiction over:
Patent and copyright cases.
Bankruptcy cases.

17. The Federal Court System
Federal courts are arranged in three steps, or tiers:
U.S district courts
U.S. courts of appeals
The U.S. Supreme Court

18. District Courts
District courts have original jurisdiction over most federal court cases.
Original jurisdiction means trying a case the first time it is heard.

19. Courts of Appeals
The U.S. courts of appeals are also called appellate courts.
They are intermediate courts, courts between lower courts and the highest court.
They hear appeals and review cases from lower courts.

20. Courts of Appeals
They have appellate jurisdiction, meaning that any party to a suit decided in a federal district court may appeal to the federal court of appeals in the circuit where the case was tried.

21. Special U.S. Courts
Congress has established several special federal courts that have jurisdiction in cases, including:
Suits brought by citizens against the federal government.

22. Special U.S. Courts Disagreements over taxes on imported goods.
Disputes between taxpayers and the Internal Revenue Service.

23. Supreme Court Is the highest court in the land.
Has original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party.

24. Supreme Court
Must hear all cases that involve the constitutionality of the federal law.
Also decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts.

25. What does jurisdiction mean?

26. ANSWER
The power and authority given to a court to hear a case and to make a judgment.

27. Pre-Learning Question
Do all states have the same court system?

28. State Court Systems
Each state has its own court system. However, the general pattern is the same in all states.
Local trial courts
General trial courts

29. State Court Systems Special courts Intermediate appellate courts
Supreme courts

30. Local Trial Courts Local courts are courts of limited jurisdiction.
Limited jurisdiction means they handle minor matters, such as misdemeanors and civil actions involving small amounts of money.

31. General Trial Courts
Each county in most states has at least one general trial court.
It has general jurisdiction.
All cases involving major crimes and large amounts of money must begin in one of these courts.

32. Special Courts
Courts have been established in many states to handle specialized cases.
Domestic relations courts handle divorce, annulment, and dissolution proceedings.
Juvenile courts have jurisdiction over delinquent, unruly, abused, or neglected children.

33. Juvenile Courts
A delinquent child is a minor who has committed an adult crime.
An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

34. Juvenile Courts
A neglected or abused child is one who is homeless, destitute, or without adequate parental care.
He or she may become a ward of the state.

35. Supreme Courts
The highest court in most states is known as the supreme court.
Typically these courts decide matters of law appealed from lower courts.

36. Court Systems in the United States
2.1
Court Systems in the United States
U.S. Supreme Court
U.S. Court of Appeals
State Supreme Courts
U.S. District Courts
Appellate Courts
General Trial Courts
Lower Trial Courts

37. Reviewing What You Learned
Section 2.1 Assessment
Reviewing What You Learned
What are the differences among original, appellate, limited and general jurisdiction?

38. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Original: district courts have authority to try a case the first time it is heard.

39. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Appellate: any party to a suit decided in a federal district court may appeal the decision to the federal court of appeals in the circuit where the case was tried.

40. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Limited: local courts have jurisdiction only in minor matters such as misdemeanors and civil actions involving small amounts of money.

41. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
General: general trial courts handle the major civil and criminal cases in each state.

42. Reviewing What You Learned How are the federal courts structured?
Section 2.1 Assessment
Reviewing What You Learned
How are the federal courts structured?

43. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Three tiers:
U.S. district courts;
U.S. courts of appeals;
U.S. Supreme Court

44. Reviewing What You Learned
Section 2.1 Assessment
Reviewing What You Learned
What is the role of the United States Supreme Court?

45. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
The Supreme Court is the highest court with both original and appellate jurisdiction.

46. Reviewing What You Learned How are most state courts structured?
Section 2.1 Assessment
Reviewing What You Learned
How are most state courts structured?

47. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Tiers of local trial courts, general trial courts, intermediate appellate courts, and supreme courts.

48. Reviewing What You Learned
Section 2.1 Assessment
Reviewing What You Learned
Explain the differences among unruly, delinquent, and abused or neglected juveniles.

49. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Unruly: minor who has committed an act that would not be a crime if an adult did it.

50. Reviewing What You Learned Answer
Section 2.1 Assessment
Reviewing What You Learned
Answer
Delinquent: minor who has committed an act that would be a crime if an adult did it.

51. Reviewing What You Learned Answer
Section 2.1 Assessment
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Answer
Neglected/abused: homeless, destitute, or without adequate parental care

52. Critical Thinking Activity Juvenile Law
Section 2.1 Assessment
Critical Thinking Activity
Juvenile Law
Why is it important to be able to distinguish among unruly, delinquent, and abused or neglected juveniles?

53. Critical Thinking Activity Answer Juvenile Law
Section 2.1 Assessment
Critical Thinking Activity Answer
Juvenile Law
Answers could suggest that crimes committed by an unruly child are not as serious as those committed by delinquents and need a lesser punishment. Abused children may be treated with leniency.

54. Legal Skills in Action Structure of the Court System
Section 2.1 Assessment
Legal Skills in Action
Structure of the Court System
Your 30-year-old brother says he has no faith in the legal system, and for that reason, will never sue anyone.

55. Legal Skills in Action Structure of the Court System
Section 2.1 Assessment
Legal Skills in Action
Structure of the Court System
With a partner, role-play a response to your brother’s argument. Explain why understanding the structure of the federal court system might benefit him, even if he never intends to be a plaintiff in a lawsuit.

56. Legal Skills in Action Answer
Section 2.1 Assessment
Legal Skills in Action Answer
Structure of the Court System
Role-plays will vary, but should demonstrate an understanding of the federal court system.

57. End of Section 2.1

58. Section 2.2

59. What You’ll Learn
How to seek alternatives to litigation (p. 34)
How to differentiate between civil and criminal cases (p. 34)

60. What You’ll Learn
How to explain the steps in a civil lawsuit (p )
How to exercise your rights if arrested (p. 43)

61. What You’ll Learn
How to explain the steps in a criminal prosecution (p )
How to apply court procedures to juvenile cases (p. 47)

62. Why It’s Important
Learning the alternative to litigation will help you handle disputes that arise.

63. Legal Terms
alternative dispute resolution (p. 34)
complaint (p. 36)
answer (p. 36)
verdict (p. 41)
judgment (p. 41)
specific performance (p. 41)

64. Legal Terms
injunction (p. 41)
arrest (p. 43)
bail (p. 43)
indictment (p. 45)
arraignment (p. 45)
detention hearing (p. 47)

65. Section Outline Civil Trial Procedure Alternative Dispute Resolution
Pleadings
Pretrial Hearing
Steps in a Jury Trial
Remedies
Execution of Judgment

66. Section Outline Criminal Trial Procedure Arrest of the Defendant
The Arraignment
The Trial
Sentencing
Disposition of Juvenile Cases

67. Pre-Learning Question
What is the difference between a civil and criminal trial?

68. Civil Trial Procedures
Civil and criminal trials begin differently.
The government brings criminal cases for offenses committed against the public at large.
In contrast, individuals who believe they have been injured initiate civil cases.

69. Civil Trial Procedures
When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive.
As a result, people have begun to explore alternatives to lawsuits.

70. Alternative Dispute Resolution
Occurs when parties try to resolve disagreements by using creative settlement techniques
Can be classified as reactive methods and proactive methods.

71. Pleadings
Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant.

72. Pleadings
These papers express the plaintiff’s allegations, or claims, in the form of a complaint.
The defendant’s response to those allegations is known as the answer.

73. Pretrial Hearing
A pretrial hearing is an informal meeting before a judge.
It is intended to simplify the issues and discuss matters that might help dispose of the case.

74. Steps in a Jury Trial Selecting the jury Opening statements
Introduction of evidence
Closing arguments
Instructions to the jury
Verdict and judgment

75. Selecting the Jury
The jury is selected from a pool of citizens who have been called to serve.
The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced.

76. Opening Statements
In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff’s attorney goes first.

77. Introduction of Evidence
The plaintiff’s attorney presents all of the plaintiff’s evidence. Types of evidence include:
Documentary items, such as contracts or affidavits (sworn statements)
Physical objects, such as weapons
Witness testimony

78. Introduction of Evidence
The defense attorney has the chance to cross-examine the plaintiff’s witnesses.
When the plaintiff’s attorney rests, the defendant’s attorney presents evidence favorable to his or her client.

79. Closing Arguments
Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.

80. Instructions to the Jury
The judge must explain the law to the jury in a process called jury instruction.

81. Verdict and Judgment
The members of jury go to the jury room to deliberate upon their verdict, or decision.
Following the verdict, the court issues a judgment, the court’s determination or decision in the case.

82. Remedies Generally there are two categories of remedies:
The payment of damages, or
An equitable remedy, which asks the court to do what is fair and just

83. Remedies
Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract.
Injunction is an order by the court to stop the defendant from performing an action.

84. What is the purpose of a pretrial hearing?

85. ANSWER
It is intended to simplify the issues and discuss matter that might help dispose of the case.

86. Pre-Learning Question
How do you think a criminal trial proceeds?

87. Criminal Trial Procedure
The criminal trial procedure follows these steps:
Arrest of the defendant
The arraignment
The trial
Sentencing

88. Arrest of the Defendant
An arrest occurs when a person is deprived of his or her freedom.
Arrested people must be informed for their constitutional rights.

89. Rights of the Defendant
To be told what crimes they are being arrested for and the names of the police officers making the arrest
To make a telephone call

90. Rights of the Defendant
To possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial).
To remain silent

91. Rights of the Defendant
To talk to an attorney and have an attorney present during questioning
To have a fair trial
To be presumed innocent until proven guilty

92. The Arraignment
If members of a grand jury decide a crime has been committed, they issue an indictment.
An indictment is a written accusation charging the individual.

93. The Arraignment
Following the indictment, the accused is brought to court for arraignment.
At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty.

94. The Trial If the defendant requests a jury trial: Jurors are selected
Attorneys make opening statements, introduce evidence
Attorneys make closing statements
Jury receives instructions, announces decision
If guilty, judge imposes sentence

95. The Trial
If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.

96. Sentencing
After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include:
Fines
Imprisonment
The death penalty

97. Disposition of Juvenile Cases
Cases involving juvenile offenders are handled by the juvenile court.
The juvenile court system is designed so that each case and special circumstances are considered individually.

98. Disposition of Juvenile Cases
The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.
An investigation is begun into the minor’s background and home life.

99. Disposition of Juvenile Cases
The judge might dismiss the charges because of special circumstances.
If the charges are not dismissed, the judge conducts an adjudicatory hearing—an informal, actual hearing of the case by the court.

100. Disposition of Juvenile Cases
To settle juvenile cases, the judge may:
Allow the offender to return home on probation
Place the offender in an agency or foster home
Commit the offender to a training or reform school.

101. Reviewing What You Learned What are some alternatives to litigation?
Section 2.2 Assessment
Reviewing What You Learned
What are some alternatives to litigation?

102. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Alternative dispute resolution (ADR)—reactive and proactive methods.

103. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
What is the difference between a civil case and a criminal case?

104. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Criminal: brought by government for offenses committed against public at large.
Civil: brought by individuals who believe they have been injured by another party.

105. Reviewing What You Learned What are the steps in a civil lawsuit?
Section 2.2 Assessment
Reviewing What You Learned
What are the steps in a civil lawsuit?

106. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Attorney investigates the case
Possible alternatives to litigation explored
Pleadings
Pretrial hearing
Jury selection

107. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Opening statements
Evidence introduced
Closing arguments
Instructions to the jury
Verdict and judgment given

108. Reviewing What You Learned
Section 2.2 Assessment
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What rights do people have when they are arrested?

109. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Answers will vary, but may include the right to know what crime they are charged with, the right to use a telephone after arrest, the right to possibly be released on bail, the right to remain silent, and the right to a fair trial.

110. Reviewing What You Learned
Section 2.2 Assessment
Reviewing What You Learned
What are the steps in a criminal prosecution?

111. Reviewing What You Learned Answer
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Answer
Arrest of the defendant
Grand jury hands down an indictment
Suspect is arraigned
Trial opens with jury selection if requested
Opening statements are made

112. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Evidence is introduced
Closing statements are made
Instructions are given to the jury
Jury announces decision
If guilty, the judge imposes a sentence

113. Reviewing What You Learned How do the courts treat juvenile cases?
Section 2.2 Assessment
Reviewing What You Learned
How do the courts treat juvenile cases?

114. Reviewing What You Learned Answer
Section 2.2 Assessment
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Answer
Handled by juvenile court starting with a detention hearing. If the charges are not dismissed at this time, judge conducts an adjudicatory hearing.

115. Critical Thinking Activity Ethics and the Law
Section 2.2 Assessment
Critical Thinking Activity
Ethics and the Law
Why is it important to know your Constitutional rights when you are arrested?

116. Critical Thinking Activity Answer Ethics and the Law
Section 2.2 Assessment
Critical Thinking Activity Answer
Ethics and the Law
Answers may vary but should suggest that in order to exercise your rights, you should know what they are.

117. Legal Skills in Action Treating Minors as Adults
Section 2.2 Assessment
Legal Skills in Action
Treating Minors as Adults
Under certain circumstances, many states will permit a minor to be tried as an adult, such as when the minor has been in serious trouble previously or has committed a very violent offense.

118. Legal Skills in Action Treating Minors as Adults
Section 2.2 Assessment
Legal Skills in Action
Treating Minors as Adults
Debating with a partner, have one of you support the trend that permits minors to be treated as adults in certain situations and have the other oppose that trend.

119. Legal Skills in Action Answer
Section 2.2 Assessment
Legal Skills in Action Answer
Treating Minors as Adults
Debates will vary but should show both sides of the argument.

120. End of Section 2.2