Chapter 2 Dual Court System. Federal Court System (Article III U.S. Constitution) Jurisdiction: The...
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Transcript of Chapter 2 Dual Court System. Federal Court System (Article III U.S. Constitution) Jurisdiction: The...
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Chapter 2
Dual Court System
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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.
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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
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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
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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
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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
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U.S. Supreme Court
has both original and appellate jurisdiction
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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.
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State Court System
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Local Trial Courts
jurisdiction over minor matters such as misdemeanors and civil actions
(Limited Jurisdiction)
Traffic Court, Municipal Court, Police Court, Small Claims Court
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General Trial Courts
each county has one
(General Jurisdiction)
County Court, Superior Court, Court of Common Pleas, Circuit Courts
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Special Courts
limited to a specific subject matter
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Domestic Courts
These courts handle:– Divorce– Annulment– Property Distribution– Child Custody– Child Support/Allimony
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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
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Intermediate Appellate Courts
Hear appeals from the courts of general jurisdiction
They only hear questions of law, not fact.
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State Supreme Courts
These courts do not retry a case.
They only determine if there was an error in applying the law.
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Trial Procedures
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Alternative Dispute Resolution (ADR)
Reactive: After a dispute occurs.
Proactive: Before a dispute occurs
See chart on p. 35
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Civil Trial Procedures
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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)
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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.
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Pretrial Hearing
Informal and before a judge
Discuss issues and matters that may speed up process
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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
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Opening Statements
Both sides tell the judge and jury what they intend to prove
Plaintiff goes first
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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
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Closing Arguments
Each attorney summarizes their case; again the Plaintiff goes first
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Instructions to the Jury
The judge explains the law to the jury in simple terms that they can understand
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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
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Remedies
Payment of Damages
Equitable Remedy
Specific Performance: Do what you said they
promised. Injunction: Order to stop an action
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Execution of Judgment
Enforced by the issuance of an execution by the court
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Criminal Trial Procedures
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Arrest of Defendant
May take place with or without a warrant
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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!
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Search and Seizure (p. 45 2nd/3rd 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
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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)
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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
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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.
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Sentencing
Fines Imprisonment Death Penalty
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Disposition of Juvenile Cases
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Detention hearing:
Are there good reasons to keep the accused in custody?
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Adjudicatory hearing:
The actual hearing of the case. It is informal and a judge decides the decision as to what action should be taken.
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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!