Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 2.1 A Dual Court System

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1 Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 2.1

2 Chapter 2 A Dual The Court Court System System Section 2.1 Section 2.2 Trial Procedures

3 Why It s Important Learning the structure of the court systems in the United States will help you understand how the legal system works.

4 Pre-Learning Question Over which types of cases does the federal court system have jurisdiction?

5 The Federal Court System Federal courts hear cases involving federal matters matters involving diversity of citizenship

6 The Federal Court System Jurisdiction is the power and authority given to a court to hear a case and to make a judgment.

7 The Federal Court System Federal courts have jurisdiction over: 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, such as interpreting the Constitution

8 The Federal Court System Federal courts have jurisdiction over: 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

9 The Federal Court System Federal courts have jurisdiction over: patent and copyright cases bankruptcy cases

10 The Federal Court System Federal courts are arranged in three steps, or tiers: U.S district courts U.S. courts of appeals the Supreme Court

11 District Courts District courts have original jurisdiction over most federal court cases. Original jurisdiction means trying a case the first time it is heard.

12 Courts of Appeals The U.S. courts of appeals are also called appellate courts. They are intermediate courts, courts between lower courts and the highest court. They hear appeals and review cases from lower courts.

13 Courts of Appeals They have appellate jurisdiction, meaning that 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.

14 Special U.S. Courts Congress has established several special federal courts that have jurisdiction in cases, including: suits brought by citizens against the federal government

15 Special U.S. Courts disagreements over taxes on imported goods disputes between taxpayers and the Internal Revenue Service

16 Supreme Court is the highest court in the land has original jurisdiction in all cases involving ambassadors, consuls, other public ministers, and cases in which a state is a party

17 Supreme Court must hear all cases that involve the constitutionality of the federal law also decides which additional cases it will hear from the U.S. courts of appeals or the state supreme courts (by a vote of at least 4 out of 9 justices)

18 What does jurisdiction mean?

19 ANSWER The power and authority given to a court to hear a case and to make a judgment.

20 Pre-Learning Question Do all states have the same court system?

21 State Court Systems Each state has its own court system. However, the general pattern is the same in all states. local trial courts general trial courts special courts intermediate appellate courts supreme courts

22 Local Trial Courts Local courts are courts of limited jurisdiction. Limited jurisdiction means they handle minor matters, such as misdemeanors and civil actions involving small amounts of money.

23 General Trial Courts Each county in most states has at least one general trial court. It has general jurisdiction. All cases involving major crimes and large amounts of money must begin in one of these courts.

24 Special Courts Courts have been established in many states to handle specialized cases. Domestic relations courts handle divorce, annulment, and dissolution proceedings. Juvenile courts have jurisdiction over delinquent, unruly, abused, or neglected children.

25 Juvenile Courts A delinquent child is a minor who has committed an adult crime. An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

26 Juvenile Courts A neglected or abused child is one who is homeless, destitute, or without adequate parental care. He or she may become a ward of the state.

27 Supreme Courts The highest court in most states is known as the supreme court. Typically these courts decide matters of law appealed from lower courts.

28 2.1 Section 2.1 Court Systems in the United States U.S. Supreme Court U.S. Court of Appeals State Supreme Courts U.S. District Courts Appellate Courts General Trial Courts End of Section 2.1 Lower Trial Courts

29 Chapter 2 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 2.2 A Dual Trial Court Procedures System

30 Why It s Important Learning the alternative to litigation will help you handle disputes that arise.

31 Pre-Learning Question What is the difference between a civil and criminal trial?

32 Civil Trial Procedures Civil and criminal trials begin differently. The government brings criminal cases for offenses committed against the public at large. In contrast, individuals who believe they have been injured initiate civil cases.

33 Civil Trial Procedures When someone brings a civil case to an attorney, the lawyer investigates the case, which can be expensive. As a result, people have begun to explore alternatives to lawsuits.

34 Alternative Dispute Resolution occurs when parties try to resolve disagreements by using creative settlement techniques can be classified as reactive methods and proactive methods. Page 35 Figure 2.2

35 Pleadings Civil trials begin with pleadings, the formal papers filed with the court by the plaintiff and defendant. Plaintiff the party that accuses a person of a crime Defendant the person accused of a crime

36 Pleadings These papers express the plaintiff s allegations, or claims, in the form of a complaint. The defendant s response to those allegations is known as the answer. Page 37-38: Figure 2.3 and 2.4

37 Pretrial Hearing A pretrial hearing is an informal meeting before a judge. It is intended to simplify the issues and discuss matters that might help dispose of the case (settling out of court).

38 Steps in a Jury Trial selecting the jury opening statements introduction of evidence closing arguments instructions to the jury verdict and judgment Let s look at each step -

39 Selecting the Jury The jury is selected from a pool of citizens who have been called to serve. The lawyers question each juror selected from the pool trying to predict whether a juror will be fair or prejudiced.

40 Opening Statements In their opening statements, attorneys for each side explain what they intend to prove. The plaintiff s attorney goes first.

41 Introduction of Evidence The plaintiff s attorney presents all of the plaintiff s evidence. Types of evidence include documentary items, such as contracts or affidavits (sworn statements) physical objects, such as weapons witness testimony

42 Introduction of Evidence The defense attorney has the chance to cross-examine the plaintiff s witnesses. When the plaintiff s attorney rests, the defendant s attorney presents evidence favorable to his or her client.

43 Closing Arguments Each attorney summarizes the evidence and suggests reasons why the judge or jury should find in favor of his or her client.

44 Instructions to the Jury The judge must explain the law to the jury in a process called jury instruction.

45 Verdict and Judgment The members of jury go to the jury room to deliberate upon their verdict, or decision. Following the verdict, the court issues a judgment, the court s determination or decision in the case.

46 Remedies Generally there are two categories of remedies: the payment of damages, or an equitable remedy, which asks the court to do what is fair and just

47 Remedies Specific performance is a remedy in which the plaintiff requests that the defendant do what he or she promised in a contract. Injunction is an order by the court to stop the defendant from performing an action.

48 Execution of Judgment A judgment is enforced by the issuance of an execution by the court. The judge might order the sheriff to take property belonging to person who lost the case; sell it, and give proceeds to person who won the case. May order the sheriff to remove a person or property to another location.

49 What is the purpose of a pretrial hearing?

50 ANSWER It is intended to simplify the issues and discuss matter that might help dispose of the case.

51 Pre-Learning Question How do you think a criminal trial proceeds?

52 Criminal Trial Procedure The criminal trial procedure follows these steps: arrest of the defendant the arraignment the trial sentencing Let s look at each step:

53 Arrest of the Defendant An arrest occurs when a person is deprived of his or her freedom. Arrested people must be informed for their constitutional rights.

54 Rights of the Defendant to be told what crimes they are being arrested for and the names of the police officers making the arrest to make a telephone call

55 Rights of the Defendant to possibly be released on bail (money or other property that is left with the court to assure that the person arrested, but released, will return to trial). to remain silent

56 Rights of the Defendant to talk to an attorney and have an attorney present during questioning to have a fair trial to be presumed innocent until proven guilty

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58 Search and Seizure As a class, read pages

59 The Arraignment If members of a grand jury decide a crime has been committed, they issue an indictment. An indictment is a written accusation charging the individual.

60 The Arraignment Following the indictment, the accused is brought to court for arraignment. At the arraignment, the indictment is read to the suspect, and the suspect is asked to plead guilty or not guilty.

61 The Trial If the defendant requests a jury trial: jurors are selected attorneys make opening statements, introduce evidence attorneys make closing statements jury receives instructions, announces decision if guilty, judge imposes sentence

62 The Trial If the defendant does not request a jury trial, the case is tried before the judge, who decides the verdict.

63 Sentencing After a person has been convicted of a crime, he or she is sentenced by the court. Penalties include: fines imprisonment the death penalty

64 Disposition of Juvenile Cases Cases involving juvenile offenders are handled by the juvenile court. The juvenile court system is designed so that each case and special circumstances are considered individually.

65 Disposition of Juvenile Cases The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody. An investigation is begun into the minor s background and home life.

66 Disposition of Juvenile Cases The judge might dismiss the charges because of special circumstances. If the charges are not dismissed, the judge conducts an adjudicatory hearing an informal, actual hearing of the case by the court.

67 Disposition of Juvenile Cases To settle juvenile cases, the judge may: 1. allow the offender to return home on probation 2. place the offender in an agency or foster home 3. commit the offender to a training or reform school.