1. Chapter 2 Dual Court System

2. Federal Court System (Article III U.S. Constitution) Jurisdiction: The power and authority given to a court to hear a case and make a judgment.

3. Federal Courts have jurisdiction over: Actions in which the U.S. or a state is a party Cases that raise a federal question Diversity of Citizenship; actions between citizens of different states when > $75,000 Admiralty (sea), patent-right, copyright, and bankruptcy

4. District Courts (95 in the U.S.) authority to try a case the first time it is heard (Original Jurisdiction) at least one in each state, some states have several

5. Court of Appeals (Appellate Courts or Intermediate Courts) Authority to hear appeals and review cases from lower courts (Appellate Jurisdiction) 13 Judicial Circuits, each has several District Court and one Appellate Court Panel of three judges: no witnesses, no evidence, no jury Only questions of law, not facts

6. Special U.S. Courts only hear certain cases i.e. when citizens sue the government disagreements over taxes on imported goods disputes between taxpayers and the IRS

7. U.S. Supreme Court has both original and appellate jurisdiction

8. Jurisdiction Original jurisdiction covers: ambassadors, consuls, public ministers, states Appellate jurisdiction is the main function of the Supreme Court. - The court must hear cases of constitutionality of federal law. The court must have a vote of 4 out of 9 justices to decide what cases they hear.

9. State Court System

10. Local Trial Courts jurisdiction over minor matters such as misdemeanors and civil actions (Limited Jurisdiction) Traffic Court, Municipal Court, Police Court, Small Claims Court

11. General Trial Courts each county has one (General Jurisdiction) County Court, Superior Court, Court of Common Pleas, Circuit Courts

12. Special Courts limited to a specific subject matter

13. Domestic Courts These courts handle: –Divorce –Annulment –Property Distribution –Child Custody –Child Support/Allimony

14. Juvenile Courts Delinquent Child: a minor who has committed an adult crime. Unruly Child: A minor who has done something inappropriate, but not illegal as an adult. Neglected/Abused Child: Homeless, Destitute, Lack of Parental Care

15. Intermediate Appellate Courts Hear appeals from the courts of general jurisdiction They only hear questions of law, not fact.

16. State Supreme Courts These courts do not retry a case. They only determine if there was an error in applying the law.

17. Trial Procedures

18. Alternative Dispute Resolution (ADR) Reactive: After a dispute occurs. Proactive: Before a dispute occurs See chart on p. 35

19. Civil Trial Procedures

20. Pleadings: papers filed with the court by the plaintiff and the defendant at the beginning of a lawsuit Complaint: legal document; short and plain statement of the plaintiff’s claim. (Fig.2.3 on p.37) Summons: issued by the court to notify defendant Answer: there is a specified time period; the defendant must answer in a formal written document. (Fig.2.4 on p.38)

21. Methods of Discovery Make the facts of a case known to all parties before the trial begins i.e.: depositions, interrogatories, requests for documents, physical and mental examinations If the case cannot be resolved after discovery; then the case is placed on the calendar or court docket.

22. Pretrial Hearing Informal and before a judge Discuss issues and matters that may speed up process

23. Selecting a Jury Determine whether a juror will be biased or prejudiced May consider background of a possible juror and how they would relate to fellow jurors

24. Opening Statements Both sides tell the judge and jury what they intend to prove Plaintiff goes first

25. Introduction of Evidence Prosecution begins Documentary Evidence (papers) Affidavits (sworn statements) Real Evidence (objects) Testimony of witnesses Witnesses are subpoenaed and may be cross examined by the opposing attorney

26. Closing Arguments Each attorney summarizes their case; again the Plaintiff goes first

27. Instructions to the Jury The judge explains the law to the jury in simple terms that they can understand

28. Verdict and Judgment Jury goes to the jury room for deliberations; their decision is called the verdict Different states have different numbers of jurors who must agree The act that finally determines the rights of the parties is the judgment

29. Remedies Payment of Damages Equitable Remedy Specific Performance: Do what you said they promised. Injunction: Order to stop an action

30. Execution of Judgment Enforced by the issuance of an execution by the court

31. Criminal Trial Procedures

32. Arrest of Defendant May take place with or without a warrant

33. Rights of the Defendant Miranda warnings come from the case Miranda v Arizona The right to know the crimes in which they are charged The right to use a telephone The right to remain silent The rights to speak with an attorney Defendants are innocent until proven guilty!

34. Search and Seizure (p. 45 2 nd /3 rd P) The police can search a person, a vehicle, a house or a building with permission or a warrant Officers may “frisk” a person if they believe they may have a weapon If arrested you may be searched without a warrant Items in plain view may be seized

35. The Arraignment The defendant is brought to court and made aware the nature of the complaint. Depending on jurisdiction, the prosecutor considers one of two possibilities. (Cause to dismiss or Probable Cause)

36. An Information: set of formal charges that are drawn up Grand Jury: a jury of inquiry that determines if there is enough evidence to support the arrest Indictment: written accusation issued by the grand jury charging the individual with certain charges Arraignment:procedure in which the accused is brought before the court, read the indictment, and asked to give a plea

37. The Trial Same procedures as civil trial In a criminal case, the jury must agree unanimously beyond a reasonable doubt. If they cannot agree, a mistrial is called and a new trial may be held.

38. Sentencing Fines Imprisonment Death Penalty

39. Disposition of Juvenile Cases

40. Detention hearing: Are there good reasons to keep the accused in custody?

41. Adjudicatory hearing: The actual hearing of the case. It is informal and a judge decides the decision as to what action should be taken.

42. Settled Judge may allow offender to return home under supervision and/or probation Judge may place the offender in an agency or foster home; the natural parents are responsible for expenses Judge may commit the offender to a training school or reformatory Goal: Rehabilitation!