AIM: How is the court system structured? DO NOW: What do we mean by “precedent” in relation a legal case?

AIM:How is the court system structured?

DO NOW:What do we mean by “precedent” in relation a legal case?

English common lawKing’s BenchJuryAdvantages of English common law

Louisiana – the French stateNapoleonic code After the French Revolution, feudalism didn’t make

sense People could now own property Code was written, instead of a King’s whim

Trials included the presumption of innocence

WHERE DID OUR LAWS COME WHERE DID OUR LAWS COME FROM?FROM?

TYPES OF LAW

Constitutional law Based on constitutions

Statutory law Enacted by legislative bodies

Administrative law Rule-makings by administrative agencies

Civil law Addresses wrongs done to individuals

Criminal law Addresses wrongs done to society

Procedural law Deals with methods of enforcing legal rights and duties

Substantive law Defines legal rights and duties

Business law Rules that apply to business transactions

Case Law Based on previous court rulings

What is jurisdiction?

Jurisdiction is the principle that the appropriate court has official power to make legal decisions and judgments

JURISDICTION

You commit an offense in East Hills Is it East Hills Court? Is it Nassau County Court? New York State Court? United States Federal Court?

Answer: it depends on the offense and the actual location If it is on a county road, then the county has jurisdiction The EH Village Court handles mostly ordinances

WHO HAS JURISDICTION?

FEDERAL COURT SYSTEM

A Typical State Court System

JURISDICTION

So, how is it determined which court has original jurisdiction over a case?Depends on:Geography: where the crime was committed. State, county and municipal courts have jurisdiction over their territory.Type of case: civil vs. criminalSubject matter: family, criminal, intellectual property, probate, etc.Size of lawsuit (civil cases): small claims is $5,000 maxAge of defendant: e.g. juvenile courtSeverity of crime: misdemeanor vs. felonyType of legal case: original vs. appeal

What does it mean to appeal a court decision?

Can you always appeal a decision?

Under what circumstances would you not appeal?

APPEALS

This is a tale of a young friendship gone horribly wrong. In late May, in the Milwaukee suburb of Waukesha, Wisconsin, two 12-year-old girls allegedly lured a friend into the woods and stabbed her 19 times.

Their motivation? They said they wanted to prove themselves worthy of Slender Man, an evil character who lives only on the Internet.

Geyser and Weier have been charged as adults for attempted first-degree intentional homicide. Each faces up to 65 years in prison.

Why were they charged as adults and not as juveniles?

WHO HAS JURISDICTION?

What is the difference between being charged as a juvenile vs. as an adult?

In 41 states, the maximum age of juvenile court jurisdiction is age 17. Seven sates draw the juvenile/adult line at 16 and two states set it at 15. More constitutional protections in adult court More severe penalties in adult court May serve time in adult correction facility

WHO HAS JURISDICTION?

How do courts determine how to charge a young defendant as an adult?

Usually involves more serious crimesCan be used for repeat offendersTransferred to adult court via “waiver” process

WHO HAS JURISDICTION?