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The Court System Chapter 2
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The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Jan 22, 2016

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Page 1: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

The Court System

Chapter 2

Page 2: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

The Federal Court System

• Jurisdiction:– The power and authority given to a court to

hear a case and to make a judgment

• Federal Courts:– Actions in which the United States or one

state is a party, except those actions between a state and its citizens

– Cases that raise a federal question

Page 3: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

– Diversity of Citizenship:• Cases which involve citizens of different states and

in which the amount of money in dispute exceeds $75,000

– Admiralty cases, or those pertaining to the sea

– Patent and copyright cases– Bankruptcy cases

Page 4: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

District Courts

• Original Jurisdiction:– Trying a case the first time it is heard

Page 5: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Courts of Appeals

• Appellate Courts:– Court of appeals

• Intermediate Courts:– Courts between lower courts and the highest

courts

• Appellate Jurisdiction:– Any party to a suit decided in a federal district

court may appeal to the federal court of appeals in the circuit where the case was tried

Page 6: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Special U.S. Courts

• Includes:– Suits against the federal government– Disagreements over taxes on imported goods– Disputes between taxpayers and the Internal

Revenue Service

Page 7: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Supreme Court

• Have original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party

• Most cases are appellate jurisdiction• The Court also decides, a vote of 4 out of

9, which additional cases it will hear from the U.S. courts of appeals or the state supreme courts

Page 8: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

State Court Systems

• Local Trial Courts:– Limited Jurisdiction:

• They handle minor matters, such as misdemeanors and civil actions involving small amounts of money

• General Trial Courts:– General Jurisdiction:

• Handle criminal and civil cases

Page 9: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Special Courts:– Domestic Relations Courts:

• Divorce, annulment, dissolution, distribution property at the end of marriage (including alimony and child support)

– Juvenile Courts:• Delinquent Child:

– A minor under a certain age (generally 16-18) who has committed an adult crime

• Unruly Child:– Generally a minor who has done something

inappropriate that is not considered an adult crime, such as violating curfew, skipping school, or using tobacco

Page 10: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Neglected or Abused Child:– One who is homeless, destitute, or without adequate

parental care

• May try child as an adult usually after age 14.

– Intermediate Appellate Courts• Hear appeals from courts of general jurisdiction

– Example 2 Page 33

– Supreme Courts• The highest court in most states

– They look for errors, do not retry

Page 11: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Court Systems in the United States

• Figure 2.1, Page 32

Page 12: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Trial Procedures

• The government brings criminal cases for offenses committed against the public at large

• Individuals who believe they have been injured initiate civil cases– This can be a very expensive process, so

hear are some alternatives

Page 13: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Alternative Dispute Resolution

• Alternative Dispute Resolution (ADR):– An increasingly popular process that occurs

when parties try to resolve disagreements outside of the usual adversarial system by using creative settlement techniques

Page 14: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Reactive Methods

• Mediation:– Happens when the parties to a dispute invite

a third party into the decision-making process to help them find a solution

• Arbitration:– Happens when the parties actually transfer

the power to settle their dispute to a third party

Page 15: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Med-arb:– Combines the best aspects of mediation and

arbitration

• Early Neutral Evaluation (ENE):– An evaluator examines the facts and the law,

makes an impartial evaluation of the legal rights of each party, and determines the amount of the award

Page 16: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Summary Jury Trial:– A summary jury trial is a short trial that runs

less than a day before a real jury, which then comes up with a verdict.

• Private Civil Trial:– In a private civil trial, the parties can hold the

trial at a time and a place of their own choosing

Page 17: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Proactive Methods• Partnering:

– Involves a process by which the parties to a long and involved contract agree to meet to get to know one another in advance

• Settlement Week:– A court’s docket is cleared of all business

except for settlement hearings

Page 18: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Negotiated Rules Making:– An agency that is about to create a new rules

or revise existing rules meets with the parties who will be affected by the new rules

• Science Court:– Acts as a forum for disputes involving

scientific and technological controversies

Page 19: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Pleadings

• Civil trials begin with the pleadings, formal papers filed with the court– Complaint: Express the plaintiff’s allegations,

or claims– Answer: The defendant’s response to those

allegations

Page 20: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Pretrial Hearing

• Before the actual trial takes place, an informal meeting before a judge happens to discuss matters and try to dispose of the case

Page 21: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Steps in a Jury Trial

1. Selecting a Jury

2. Opening Statements1. Plaintiff’s attorney goes first

3. Introduction of Evidence

4. Closing Arguments1. Plaintiff’s attorney goes first

5. Instructions to the Jury

6. Verdict and Judgment

Page 22: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Verdict:– Decision (variations from state to state as the

the number of jurors who must agree to reach a verdict)

• Judgment:– The court’s determination or decision in the

case

Page 23: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Remedies

• Specific Performance:– Where the plaintiff may want the defendant to

do what he or she promised in a contract

• Injunction:– An order to stop the defendant from

performing an action

Page 24: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Execution of Judgment

• Once the court determines a winner and a loser, the judgment of the court must be carried out

Page 25: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Criminal Trial Procedure

• Arrest of the Defendant– Arrest: Occurs when a person is deprived of

his or her freedom• Rights of the Defendant:

– Miranda Rights– Telephone Call– Bail:

» Money or other property that is left with the court t assure that a person who has been arrested will return to trial

• Search and Seizure:

Page 26: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• The Arraignment:– Indictment:

• Issued if a jury decides a crime has been commited

– Arraignment:• Defendant is read the information (formal charges)

and pleads either guilty or not guilty• If they plead guilty the judge then impose the

sentence• If they plead not guilty the proceeds to trial

Page 27: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• The Trial:– Just like a civil court but the jury must be

unanimous in their decision – either guilty beyond a reasonable doubt, or not guilty

– A mistrial is called if the jury cannot agree

• Sentencing– Fines: Payment of money– Imprisonment:

Page 28: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Require Three Phases:– The jury determines whether the defendant is guilty– The judge or jury listens to attorneys’ arguments and

determines the punishment under state laws that clearly set forth factors to be considered in a presentencing hearing

– An appeal is taken to the state’s highest court

• Disposition of Juvenile Cases:– Detention Hearing:

• Learn whether there are good reasons to keep the accused in custody

Page 29: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

• Generally settled in one of three ways:– Probation – Placed in an agency or foster home– Training or reform school (last resort, when other two

have failed)

• Figure 2.7

Page 30: The Court System Chapter 2. The Federal Court System Jurisdiction: –The power and authority given to a court to hear a case and to make a judgment Federal.

Assignment