COURTS

DUAL COURT SYSTEM

FEDERAL

STATE

FEDERAL

COUNTERFEITING

KIDNAPPING

SMUGGLING

DRUG TRAFFICKING

STATE COURTS

FOR EVERY ONE FELONY CONVICTION

IN FEDERAL COURT THERE ARE MORE

THAN 20 FELONY CONVICTIONS IN

STATE COURT

JURISDICTION

THE GEOGRAPHIC TERRITORY OR

LEGAL BOUNDARIES WITHIN WHICH

CONTROL MAY BE EXERCISED; THE

RANGE OF A COURT’S AUTHORITY

FEDERAL VS STATE

STATE COURT

STATE SUPREME COURT

STATE COURT OF APPEALS

TRIAL COURTS/DISTRICT COURTS (GENERAL JURSDICTION)

TRIAL COURTS/LIMITED JURSDICTION

MUNICIPAL

COUNTY

CONCILIATION COURTS—UP TO $10,000

Juvenile Court

Probate Court

Family Court

JUDGES

EXPECTED TO EMBODY JUSTICE

Six methods of selection

Gubernatorial appointment

Legislative selection

Merit selection

Nonpartisan election

Partisan election

Mixture of methods

STATE OF MN

NONPARTISAN—PARTY AFFILIATIONS

ARE NOT LISTED ON THE BALLOT

MINNESOTA JUDGES

SUPREME COURT-7

COURT OF APPEALS-19

DISTRICT COURTS JUDGES-289

JOB REQUIREMENTS

LAWYER

UNDER THE AGE OF 70

ELECTED TO 6 YEAR TERMS

IF APPOINTED BY THE GOVERNOR—

SERVE AT LEAST ONE YEAR BEFORE

AN ELECTION

DISTRICT COURTS

TEN DISTRICTS

2ND—RAMSEY COUNTY

4TH—HENNEPIN COUNTY

10TH—WASHINGTON COUNTY

10 JUDGES

MN TEN DISTRICT COURTS

MINNESOTA SUPREME COURT

CHIEF JUSTICE LORIE SKJERVEN

GILDEA

ESTABLISHED IN 1849

MN BECAME A STATE IN1858

MN SUPREME COURT

FIRST CASE

A PERSON WANTED $2 PASTURE FEE FOR

A STRAY COW THAT HAD WANDERED

ONTO HIS PROPERTY

DECISION???

MN COURT OF APPEALS

19 JUSTICES

FINAL RULING 95% OF ITS CASES

TO MAKE IT MORE EFFICIENT THE

JUSTICES FORM 3 JUDGE PANELS AND

THEY TRAVEL THROUGHOUT THE

STATE

AKA: APPELLATE COURTS

THEIR JOB IS TO REVIEW THE

DECISIONS OF LOWER COURTS

U.S. SUPREME COURT

9 JUSTICES—NUMBER SET BY SENATE

JOHN G. ROBERTS—CHIEF JUSTICE

SINCE 09/2005

APPOINTMENT FOR LIFE

APPOINTED BY THE PRESIDENT

JUSTICE JOHN G ROBERTS

U.S. SUPREME COURT

SUPREME COURT IS KNOWN AS:

THE COURT OF LAST RESORT

WARREN BURGER

APPOINTED BY NIXON

GRADUATE OF JOHNSON H.S.

CHIEF JUSTICE 1969 TO 1986

DIED IN 1995

U.S. STATE ATTORNEY

Minnesota Criminal Division

Civil Division

Administrative Division

Community Relations Division

CRIMINAL DIVISION

ECONOMIC CRIMES

Investment

Banking

Public Corruption

NARCOTICS

Works with DEA, IRS, FBI

MAJOR CRIMES

Bank Robberies

Counterfeiting

Crimes on the Red Lake and Bois Forte Indian

Reservations

CIVIL DIVISION

TORT ACTIONS

Agent sued

Medical Malpractice

Wrongful Death

U.S. ATTORNEY GENERAL

Part of Cabinet---Department of Justice

Appointed by President

Loretta Lynch

Appointed 04/27/2015

MN ATTORNEY GENERAL

Chief legal officer for the State of Minnesota

Chief policy maker in areas of

Consumer protection

Health Care

Housing

Utilities

Lori Swanson

Elected in 2006

First female MN AG

PROSECUTORS

District Attorney

State’s Attorney

County Attorney

Commonwealth Attorney

WASHINGTON COUNTY ATTORNEY

PETE ORPUT

Other duties

Legal Advisor to Police Departments

Guide Police Investigations

Close Working Relationship

DISCRETION

Prosecutorial Discretion

Lies in the power to charge, or not to charge, a

person with an offense

TRIAL

The examination in a court of the issues of

fact and law in a case for the purpose of

reaching a judgment of conviction or acquittal

of the defendant

48 HOUR RULE

Arrested without a warrant

Must go before a Judge no later than 48 hours so

the Judge can determine probable cause for that

arrest

Clock begins immediately upon the time of

arrest and includes the day of arrest.

Saturdays, Sundays and legal holidays are

also included.

36 HOUR RULE/RULE 5/BAIL

Arrested without a warrant---must be

brought before the judge no later than 36

hours after arrest

Computation does NOT include the day of

arrest, Sundays or legal holidays.