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

Chapter 2

Dual Court System

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.

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

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

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

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

U.S. Supreme Court

has both original and appellate jurisdiction

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.

State Court System

Local Trial Courts

jurisdiction over minor matters such as misdemeanors and civil actions

(Limited Jurisdiction)

Traffic Court, Municipal Court, Police Court, Small Claims Court

General Trial Courts

each county has one

(General Jurisdiction)

County Court, Superior Court, Court of Common Pleas, Circuit Courts

Special Courts

limited to a specific subject matter

Domestic Courts

These courts handle:– Divorce– Annulment– Property Distribution– Child Custody– Child Support/Allimony

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

Intermediate Appellate Courts

Hear appeals from the courts of general jurisdiction

They only hear questions of law, not fact.

State Supreme Courts

These courts do not retry a case.

They only determine if there was an error in applying the law.

Trial Procedures

Alternative Dispute Resolution (ADR)

Reactive: After a dispute occurs.

Proactive: Before a dispute occurs

See chart on p. 35

Civil Trial Procedures

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)

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.

Pretrial Hearing

Informal and before a judge

Discuss issues and matters that may speed up process

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

Opening Statements

Both sides tell the judge and jury what they intend to prove

Plaintiff goes first

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

Closing Arguments

Each attorney summarizes their case; again the Plaintiff goes first

Instructions to the Jury

The judge explains the law to the jury in simple terms that they can understand

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

Remedies

Payment of Damages

Equitable Remedy

Specific Performance: Do what you said they

promised. Injunction: Order to stop an action

Execution of Judgment

Enforced by the issuance of an execution by the court

Criminal Trial Procedures

Arrest of Defendant

May take place with or without a warrant

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!

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

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)

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

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.

Sentencing

Fines Imprisonment Death Penalty

Disposition of Juvenile Cases

Detention hearing:

Are there good reasons to keep the accused in custody?

Adjudicatory hearing:

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

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!