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Chapter 3Chapter 3
The Court SystemThe Court System
The Right to a Jury TrialThe Right to a Jury Trial
JuryJury Why would someone want this?Why would someone want this?
Bench TrialBench Trial Held before judge, no juryHeld before judge, no jury Why would someone want this?Why would someone want this?
Jury SelectionJury Selection
Voir DireVoir Dire Challenge for CauseChallenge for Cause
PredispositionPredisposition Peremptory ChallengePeremptory Challenge
Just because (can’t be racially motivated)Just because (can’t be racially motivated) Clips from “A Time to Kill”, “Runaway Clips from “A Time to Kill”, “Runaway
Jury”Jury” Tobacco on Trial ActivityTobacco on Trial Activity
Exemptions from Jury DutyExemptions from Jury Duty
What are some good reasons?What are some good reasons? Legal Focus pg 81Legal Focus pg 81 You get Paid…. But not muchYou get Paid…. But not much
Checking your progress: pg 81Checking your progress: pg 81
Hot DebateHot Debate
Page 48Page 48 Civil or criminalCivil or criminal Alternative courses of actionAlternative courses of action
Dispute ResolutionsDispute Resolutions
Avoiding CourtAvoiding Court Mediator Mediator – Not Binding– Not Binding Arbitrator Arbitrator – Legally Binding– Legally Binding
Litigate Litigate – allow a court to resolve – allow a court to resolve disputesdisputes
CourtCourt Gov’t forum that administers justice Gov’t forum that administers justice
under the lawunder the law
How Courts Settle DisputesHow Courts Settle Disputes
Trial CourtsTrial Courts Hear, Review evidenceHear, Review evidence Apply Law to reach a Apply Law to reach a verdictverdict (decision) (decision) Original JurisdictionOriginal Jurisdiction
Power to hear a case for the first timePower to hear a case for the first time Decide question of factDecide question of fact
How Courts Settle DisputesHow Courts Settle Disputes
Appellate CourtAppellate Court Reviews Decisions of lower courtReviews Decisions of lower court Do not Determine factsDo not Determine facts Concerned with errors of lawConcerned with errors of law
Ex:Ex: Appellate Briefs Appellate Briefs – written arguments– written arguments
Also hear oral argumentsAlso hear oral arguments Affirm, Reverse, Amend, RemandAffirm, Reverse, Amend, Remand
Origin of the Federal Court Origin of the Federal Court SystemSystem
Where does the Federal Court’s Where does the Federal Court’s power come from? power come from? WYV pg 52WYV pg 52
What types of cases can the Federal What types of cases can the Federal Court’s preside over?Court’s preside over?
Jurisdiction of the Federal Jurisdiction of the Federal CourtsCourts
Federal District CourtFederal District Court Lowest level of Federal CourtLowest level of Federal Court Original Jurisdiction regardingOriginal Jurisdiction regarding
Constitution, US Law, US treatiesConstitution, US Law, US treaties Lawsuits between diff’t statesLawsuits between diff’t states
Diversity of citizenship ($75,000) Diversity of citizenship ($75,000) WYV pg 52WYV pg 52
General vs Specialized JurisdictionGeneral vs Specialized Jurisdiction
Jurisdiction of the Federal Jurisdiction of the Federal CourtsCourts
Federal Court of AppealsFederal Court of Appeals No new evidence or witnessesNo new evidence or witnesses 13 courts 13 courts
12 geographical, 1 patents12 geographical, 1 patents
US Supreme CourtUS Supreme Court Original and appellate jurisdictionOriginal and appellate jurisdiction Writ of certiorari Writ of certiorari - - order to lower court to order to lower court to
hand over case recordshand over case records In this case pg 54In this case pg 54
State Court SystemState Court System
What’s Your Verdict?What’s Your Verdict? Similar to Federal SystemSimilar to Federal System
Three Tiers: Trial, Appeal, SupremeThree Tiers: Trial, Appeal, Supreme No guaranteed right of appealNo guaranteed right of appeal
Exception: Capital MurderException: Capital Murder
State Trial CourtsState Trial Courts
General JurisdictionGeneral Jurisdiction Civil & CriminalCivil & Criminal a.k.a. circuit courtsa.k.a. circuit courts
Court of RecordCourt of Record keeps an exact keeps an exact account of the proceedingsaccount of the proceedings
May review decisions of specialized May review decisions of specialized courtscourts Ex: Small ClaimsEx: Small Claims
State Courts of AppealState Courts of Appeal
Similar to Federal SystemSimilar to Federal System A panel reviews the recordsA panel reviews the records
Usually three membersUsually three members No guarantee of being heardNo guarantee of being heard No new trial at this levelNo new trial at this level
State Supreme CourtsState Supreme Courts
Most cases involve only one appealMost cases involve only one appeal Only the most vital casesOnly the most vital cases Original Jurisdiction over Original Jurisdiction over
impeachmentimpeachment
Specialized JurisdictionsSpecialized Jurisdictions
Associate Circuit CourtsAssociate Circuit Courts A.k.a. A.k.a. County CourtsCounty Courts Minor criminal cases, state traffic Minor criminal cases, state traffic
offensesoffenses Lawsuits < $25,000Lawsuits < $25,000 Reduce the burden of trial courtsReduce the burden of trial courts
Specialized JurisdictionsSpecialized Jurisdictions
City or City or Municipal CourtsMunicipal Courts Traffic Division and Criminal DivisionTraffic Division and Criminal Division
Reduce state burden on cases w/ Reduce state burden on cases w/ overlapping lawsoverlapping laws
Specialized JurisdictionsSpecialized Jurisdictions
Small Claims CourtsSmall Claims Courts $2500 or less$2500 or less
Juvenile CourtsJuvenile Courts A question of ethics pg 57A question of ethics pg 57 Emphasis on rehabilitation not Emphasis on rehabilitation not
punishmentpunishment AlternativesAlternatives
Probate CourtsProbate Courts Administer wills and estatesAdminister wills and estates
