Post on 21-Mar-2016
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Types of Courts
Unit A Objective 2.01
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Dual Court System
Federal Court System
State Court System
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Federal Court System
Derives from Article III of US Constitution Governs over cases concerning federal
matters Governs over cases concerning diversity of
citizenship There are 13 judicial courts There are 95 federal district courts
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Authority to hear a case and make a decision
Jurisdiction
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Federal Jurisdiction
Actions in which the U.S. is a party
Cases that raise a federal question
Diversity of Citizenship – Disputes that exceeds $75,000 and involve persons of different states
Admiralty, Patents, Copyrights, and Bankruptcy Cases
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Federal Court System
US Supreme Court Highest court Has both Original and Appellate Jurisdiction
Original jurisdiction Ambassadors, public ministers, cases in which the state
is a party Appellate jurisdiction
Vote of four out of nine justices
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US Court of Appeals Appellate jurisdiction
Authority of court to review a decision of a lower court or administrative agency
Appellate Courts have a panel of 3 judges that are responsible for making a decision on the cases
Appellate courts decide whether the lower courts relevant to the law in the case
Hears Case from the US District Court
Federal Court System
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US District Courts Original Jurisdiction
Power to hear the case in full for the first time Both civil and criminal cases are heard Currently 95 District Courts
Federal Court System
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Special US Courts Jurisdiction over special cases
Suits by citizens against federal government Suits concerning tax disagreements on imported
goods Suits between taxpayers and IRS
Federal Court System
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State Court System
Each state has its own system Local Trial Courts
Limited jurisdiction Authority of a court to hear only one particular
type of case, minor matters Misdemeanors Civil actions with small amounts of money Small claims of property damage Petty cash crimes Traffic, police, and municipal courts Juvenile and family disputes
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General Trial Courts General jurisdiction
Authority of a court to hear a wide range of cases Types of courts
County Court Superior Court Court of Common Pleas Circuit Courts Criminal and Civil Cases Court
State Court System
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Special Courts Limited jurisdiction
Authority of a court to hear only one particular type of case
Court Cases include: Probate Cases – cases involving property of deceased
persons without a will Adoption Cases Traffic Cases Domestic Relations Cases – cases of abuse between family
or household members Juvenile Cases – cases involving delinquent, unruly,
abused, or neglected children (Cases are heard in Juvenile Courts)
State Court System
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Civil Trial Procedures
Individual files complaint Complaint – Legal document containing a short
and plain statement of the plaintiff’s claim against defendant, first pleading filed in civil cases
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Civil Trial Procedures
Civil Trial Pleadings
Plaintiff files complaint Clerk issues summons Defendant must answer within time limit
Answer is a formal written document admitting or denying complaint
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Methods of Discovery Bring out facts before a trial Examples:
Deposition, interrogation, request for admission Affidavit - documentary evidence
Pretrial Hearing Informal hearing to simplify issues and discuss
matters
Civil Trial Procedures
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Steps to a Trial Select a jury Opening statements
Plaintiff presents evidence Real evidence is photographs, actual objects, etc. Witnesses testify Failure to appear will result in a contempt of court
order Defense presents evidence
Civil Trial Procedures
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Steps to a Trial (continued) Closing Arguments
Same order
Instructions to Jury Statement made by the judge
Verdict Judgment Execution of Judgment
Civil Trial Procedures
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Criminal Trial Procedures
Arrest of Defendant Rights of Defendant
Miranda - constitutional right Bail - Lose money if you don’t appear
Search and Seizure Must have warrant or permission Allowed limited search (frisk) Police can search or impound property if they have
reason to believe (probable cause) that something illegal is in the car
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Due Process of a Juvenile
Held in a detention facility Separate from criminals Trial by Judge (not jury) Name not released if under 16
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Court Terms
Alternative Dispute Resolution - different tools used by parties to help them settle their disputes without having to go to court
Arrest – Action take when a person is deprived of his or her freedom
Bail – Money or property that is left with the court to assure the court that the person will return to stand a trial. Money is forfeited if person does not appear in court
Contempt of Court – An action that hinders the administration of justice in the court
Diversity of Citizenship – When a resident in one state sues a resident in another state for more than $50,000
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Ex Parte Injunction – An injunction issued by a judge after hearing only one side of an argument
Indictment – Written accusation issued by the grand jury charging the individual or individuals named in it with a certain crime
Grand Jury – A jury of Inquiry Precedent – When judge is required to follow an earlier
court decision when deciding a case with similar circumstances
Prosecutor – Party that accuses the person of a crime Statutes – Laws enacted by state or federal
legislatures Statue of Limitations – State laws setting time limit for
bringing a lawsuit
Court Terms