1 Authority & Jurisdiction CPT Kennebeck, JA USAMPS, Law Division.
Law and the Legal Process. Jurisdiction What is Jurisdiction? What is Jurisdiction? The authority of...
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Transcript of Law and the Legal Process. Jurisdiction What is Jurisdiction? What is Jurisdiction? The authority of...
Law and the Legal Law and the Legal ProcessProcess
JurisdictionJurisdiction
What is Jurisdiction?What is Jurisdiction? The authority of a court to hold a trial The authority of a court to hold a trial
and decide a caseand decide a case
Types of JurisdictionTypes of Jurisdiction
Original Jurisdiction – The court that Original Jurisdiction – The court that first heard the casefirst heard the case In the federal and state court system only In the federal and state court system only
the district and trial courts have this the district and trial courts have this jurisdictionjurisdiction
Appellate Jurisdiction – A court that Appellate Jurisdiction – A court that hears a case on appealhears a case on appeal Only the appellate (appeals) courts at the Only the appellate (appeals) courts at the
federal and state level have this federal and state level have this jurisdictionjurisdiction
Types of JurisdictionTypes of Jurisdiction
Federal JurisdictionFederal Jurisdiction Exclusive Jurisdiction – Cases that can Exclusive Jurisdiction – Cases that can
ONLY be heard in federal courtsONLY be heard in federal courts Cases involving officials from foreign Cases involving officials from foreign
governmentsgovernments Concurrent Jurisdiction – Federal and State Concurrent Jurisdiction – Federal and State
courts share the power to hear the case.courts share the power to hear the case. Cases involving citizens from two different Cases involving citizens from two different
statesstates In order for federal court to hear case, money In order for federal court to hear case, money
involved in case must be more than $75,000involved in case must be more than $75,000
Types of JurisdictionTypes of Jurisdiction
State Jurisdiction – Cases that can State Jurisdiction – Cases that can only be heard by state courtsonly be heard by state courts Marriage Cases Marriage Cases Lawsuits under $75,000 between two Lawsuits under $75,000 between two
citizens citizens
Appointment of JudgesAppointment of Judges
President has the power to appoint President has the power to appoint federal judgesfederal judges
Senate must approve themSenate must approve them Generally are attorneys or judgesGenerally are attorneys or judges Normally the same political party as Normally the same political party as
the presidentthe president
Judges TermJudges Term
Federal Judges Federal Judges appointedappointed for life for life Illinois Judges Illinois Judges electedelected for 10 year for 10 year
termsterms May retire at the age of 70 if they May retire at the age of 70 if they
have been a judge for 10 years or 65 if have been a judge for 10 years or 65 if they have been a judge for 15 yearsthey have been a judge for 15 years
When judges retire, they receive full When judges retire, they receive full salary for the rest of their livessalary for the rest of their lives
How cases reach the Supreme Court
Writ of Certiorari – “To be certain” Order by the court directing a lower
court to send up the case for review The right to be heard by the Supreme
Court
Supreme Court Cases
8,000 Cases a year are petitioned “The rule of four”
-4 out of 9 justices must agree to take the case
Most cases are denied because the justices either agree with the lower courts or there is already a precedent covering the decision
Fewer than 100 cases a year are decided
Supreme Court Procedure
Docket -the Supreme Court’s schedule for events to be heard
Brief -a written argument submitted by both sides arguing their side of the case
30 minutes for oral arguments in front of Supreme Court
Conference –After reading briefs and hearing oral arguments the Supreme Court meets to make decision on a case
Supreme Court Decisions
Stare Decisis –Latin for “let the decision stand”
Precedent-Court decision on a case that will impact future cases
Supreme Court Opinions
Majority Opinion Court’s decision in a case and sets out the
reasoning on which it is based, sets precedent Concurring Opinion
Statement written by a justice that agrees with the decision to emphasize certain points
Dissenting Opinion Written by justices that disagree and states
their reasoning Abstain
To refuse to vote on a matter
Tinker v. Des Moines 1969
Are all forms of speech protected by the First Amendment?
Should Joseph Frederick been suspended for 10 days for this banner?
Investigating a CrimeInvestigating a Crime
Arrest is madeArrest is made Miranda Rights Miranda Rights
givengiven Suspect “booked” Suspect “booked”
at police stationat police station Charges recorded in Charges recorded in
police register police register (book)(book)
Pre-trial ProceduresPre-trial Procedures
Initial appearance w/in 24 hoursInitial appearance w/in 24 hours Plea is enteredPlea is entered
Guilty (judge decides penalty)Guilty (judge decides penalty) Not guilty (trial date set)Not guilty (trial date set)
No plea entered if felonyNo plea entered if felony Preliminary hearing date setPreliminary hearing date set
Setting bailSetting bail
Bail-$$$ left until suspect returns to trialBail-$$$ left until suspect returns to trial Only 10% needed to be paidOnly 10% needed to be paid
Given back at court appearanceGiven back at court appearance
If a no-show, money must If a no-show, money must
be paid in fullbe paid in full
Preliminary hearingPreliminary hearing
Determines if there is enough evidence Determines if there is enough evidence (probable cause) to believe that the (probable cause) to believe that the defendant committed the crimedefendant committed the crime
Often waived by defendant (not an Often waived by defendant (not an admission of guilt, however)admission of guilt, however)
Does not determine guilt or innocence!Does not determine guilt or innocence!
Decisions for a TrialDecisions for a Trial
Federal Crimes go to grand jury to Federal Crimes go to grand jury to decide if a trial is justifieddecide if a trial is justified
Arraignment-formal charge is read Arraignment-formal charge is read
Decisions for a TrialDecisions for a Trial
After hearing charges the defendant After hearing charges the defendant can plead:can plead:
GuiltyGuilty Not guiltyNot guilty Not guilty by reason of insanityNot guilty by reason of insanity Nolo contendre (no contest)Nolo contendre (no contest)
Done to avoid civil trialDone to avoid civil trial
Plea BargainingPlea Bargaining
Giving a guilty plea for Giving a guilty plea for less of a punishmentless of a punishment
Most states allow itMost states allow it Less cases to deal withLess cases to deal with Less money to spendLess money to spend
ProblemsProblems Guilty people can go freeGuilty people can go free Sometimes w/little Sometimes w/little
punishmentpunishment
Let’s
make a
deal!
TrialsTrials
Bench TrialBench Trial Trial by judgeTrial by judge
Jury TrialJury Trial Trial by juryTrial by jury
Guilty!
Not Guilty!
Criminal CasesCriminal Cases
Punishment is jail or prisonPunishment is jail or prison Vote must be 12-0 if a jury trialVote must be 12-0 if a jury trial
Litigants-participants in the caseLitigants-participants in the case Defendant-person charged with wrongdoingDefendant-person charged with wrongdoing
Prosecution-brings charges against defendantProsecution-brings charges against defendant States attorney or district attorneyStates attorney or district attorney Has “burden of proof”Has “burden of proof”
Civil CasesCivil Cases
Punishment is moneyPunishment is money Only needs to be a majority for jury to Only needs to be a majority for jury to
convictconvict
Litigants:Litigants: Defendant-person charged Defendant-person charged
w/wrongdoingw/wrongdoing
Plaintiff-person suing the defendantPlaintiff-person suing the defendant
Choosing Jurors Peremptory Challenge-disqualifying Peremptory Challenge-disqualifying
jurors for no reasonjurors for no reason
Sequestering juries-too much media Sequestering juries-too much media coveragecoverage Jurors cannot go home until end of trialJurors cannot go home until end of trial
VerdictVerdict
GuiltyGuilty Acquittal (not Acquittal (not
guilty)guilty)
If the glove doesn’t fit you must acquit!
VerdictVerdict
MistrialMistrial Hung juryHung jury New trial neededNew trial needed
Not double jeopardyNot double jeopardy Appeals can be made Appeals can be made
to challenge a verdict to challenge a verdict in an appeals courtin an appeals court
SentencingSentencing
Punishment givenPunishment given