Types of Courts
Unit A Objective 2.01
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 3
Jurisdiction
ď Ž Authority to hear a case and make a decision
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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 5
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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Federal Court System 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
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Federal Court System 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
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Federal Court System 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
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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 10
State Court System 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
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State Court System 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) 12
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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Civil Trial Procedures 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
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Civil Trial Procedures 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
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Civil Trial Procedures Steps to a Trial (continued)
Closing Arguments
Same order
Instructions to Jury
Statement made by the judge
Verdict Judgment Execution of Judgment
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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 18
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 20
Court Terms 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 21