In the Courtroom. Kinds of Law Applied in the State Courts A. Constitutional Law: Judicial...
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![Page 1: In the Courtroom. Kinds of Law Applied in the State Courts A. Constitutional Law: Judicial interpretations B. Statutory Law: laws enacted by legislature.](https://reader036.fdocuments.us/reader036/viewer/2022081519/56649ee85503460f94bf93f3/html5/thumbnails/1.jpg)
In the CourtroomIn the Courtroom
![Page 2: In the Courtroom. Kinds of Law Applied in the State Courts A. Constitutional Law: Judicial interpretations B. Statutory Law: laws enacted by legislature.](https://reader036.fdocuments.us/reader036/viewer/2022081519/56649ee85503460f94bf93f3/html5/thumbnails/2.jpg)
Kinds of Law Applied Kinds of Law Applied in the State Courtsin the State Courts
A.A. Constitutional Law: Judicial Constitutional Law: Judicial interpretationsinterpretations
B.B. Statutory Law: laws enacted by Statutory Law: laws enacted by legislaturelegislature
C.C. Administrative Law: rules issued by Administrative Law: rules issued by fed, state, & local authorityfed, state, & local authority
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Kinds of Law Applied Kinds of Law Applied in the State Courtsin the State Courts
D.D. Common Law: unwritten, judge- Common Law: unwritten, judge-made law: once decided becomes made law: once decided becomes precedentprecedent
E.E. Equity: seeks to stop wrongs before Equity: seeks to stop wrongs before they occurthey occur
1.1. Injunctions- stop immediacy of threat Injunctions- stop immediacy of threat to propertyto property
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Criminal & Civil LawCriminal & Civil Law
A.A. Criminal- state is always prosecutor Criminal- state is always prosecutor 1.1. Felony- greater crime, punished Felony- greater crime, punished
heavilyheavily
2.2. Misdemeanor- lesser crime: small Misdemeanor- lesser crime: small fine/short jail sentencefine/short jail sentence
B.B. Civil- human conduct- disputes Civil- human conduct- disputes between private propertiesbetween private properties
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Jury SystemJury System
A.A. Grand Jury- make sure there is Grand Jury- make sure there is sufficient evidence to justify a trialsufficient evidence to justify a trial
B.B. The Information- formal charge filed The Information- formal charge filed by prosecutor w/o action of a grand by prosecutor w/o action of a grand jury- used for minor offensesjury- used for minor offenses
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Jury SystemJury System
C.C. Petit Jury- trial jury- hear Petit Jury- trial jury- hear evidence & decide evidence & decide disputed factsdisputed facts
1.1. Hung jury- can’t agree on Hung jury- can’t agree on verdict (another trial or verdict (another trial or case dropped)case dropped)
2.2. Bench trial- only judge- Bench trial- only judge- minor sums involvedminor sums involved
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Jury SystemJury System
D.D. Selection of Jurors Selection of Jurors1.1. Drawn from- poll books, tax rolls, DMV Drawn from- poll books, tax rolls, DMV
lists, utility bills, etc.lists, utility bills, etc.
2.2. Served- w/o court order (under 18 or Served- w/o court order (under 18 or over 70, illiterates, ill, criminals over 70, illiterates, ill, criminals commonly excluded)commonly excluded)
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OrganizationOrganization
A.A. Justices of the Peace: Justices of the Peace: stand on lowest rung- stand on lowest rung- usually traffic offenses, usually traffic offenses, etc.etc.
B.B. Magistrates: city- Magistrates: city- cousins of JP’s – police cousins of JP’s – police courtscourts
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OrganizationOrganization
C.C. Municipal Courts: Municipal Courts: jurisdiction is city-jurisdiction is city-wide (hear civil wide (hear civil cases)cases)
D.D. Juvenile Courts: Juvenile Courts: under 18- usually under 18- usually emphasize emphasize rehabilitation rehabilitation more than more than punishmentpunishment
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OrganizationOrganization
E.E. General Trial Courts: most legal General Trial Courts: most legal actions brought under state law actions brought under state law begin in these courtsbegin in these courts
F.F. Intermediate Appellate Courts: Intermediate Appellate Courts: courts of appeal- review decisions courts of appeal- review decisions of trials (do not hold trials)of trials (do not hold trials)
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OrganizationOrganizationG.G. State Supreme State Supreme
Court: review Court: review decisions of lower decisions of lower courts that were courts that were appealed- final say appealed- final say in all matters of in all matters of state lawstate law
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Selection of JudgesSelection of Judges
A.A. Usually chosen by popular electionUsually chosen by popular election
B.B. Missouri PlanMissouri Plan1.1. Combines election & appointment Combines election & appointment
process in choosing judgesprocess in choosing judges