Transcript Business_Law _Chapter_2

A Dual Court System
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Parts:
 Jamila
 Daniel
 Peggy
 Trai
 Mrs. Martinez
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What is a court case
you have seen on
T.V. lately?
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What kind of a
court was the case
tried in?
U.S. System of Justice has two major parts
1. Federal System
2. State Court System
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Jurisdiction: is the power and authority given to a
court to hear a case and to make a judgment.
Original Jurisdiction: Meaning they try a case the
first time it is heard.
Appellate Jurisdiction: Any party to the federal or
state courts may appeal to the Appellate Court in
the circuit or state where the case was tried
General Jurisdiction: meaning they handle
criminal and civil cases. (Commonly known as the
Court of Common Pleas)
Limited Jurisdiction: meaning they handle minor
matters (Misdemeanors and civil actions)
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
 Patent and copyright cases
 Bankruptcy cases
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Hear cases involving or have jurisdiction over
“responsible for”:
 Federal matters (Example 1, pg. 28)
 Citizenship matters
United States Supreme Court
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts
Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts
United States Supreme Court
State Supreme Court
Appellate Courts
General Trial Courts
Commonwealth
Lower Trial Courts
Court of Common Pleas
Have ORIGINAL Jurisdiction:
 Cases that arise for first time under
▪ The Constitution
▪ U.S. law
▪ U.S. treaties
▪ Lawsuits between citizens of different
states, U.S. citizens and a foreign nation, or
between a U.S. citizen and a citizen of a
foreign nation.
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Also have GENERAL Jurisdiction
 Lowest Level of federal court system. Most
federal cases start in U.S. District Courts.
 Power to determine the facts and to make
initial determinations.
 Both civil and criminal cases
Hear appeals and review cases from
lower courts
 Have appellate jurisdiction over
district courts, certain specialized
federal courts, and many federal
administrative agencies
 Only questions of law can be
raised on appeal, not questions of
fact or call witnesses
 Review transcripts, appellate
briefs, and oral arguments from
attorneys
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Hear appeals from general trial courts
Review decisions of lower courts when
party claims error during proceedings
Usually a panel of three (3) judges
Special Courts
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Designed by Congress
Have Jurisdiction over:
 Suits brought by citizens against the federal
government
 Disagreements over taxes on imported goods
 Disputes between tax payers and the IRS
Examples:
 US Claims Court (Against government)
 US Court of International Trade (Tariffs and import
taxes)
 US Tax Court (Tax laws)
 Territorial Courts (All US Territories)
 Court of Military Appeals (Court martials)
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Highest Court in the Land
Has both original and appellate
jurisdiction
 Original: cases over ambassadors,
public ministers, and consuls or
those in which the state is a party
 Appeal: All cases on appeal from US
Courts or State Supreme Courts
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Supreme Court Justices decide
which cases they will hear from
the U.S. Courts of Appeals or the
State Supreme Courts (By vote of
at least 4 Justices)
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Highest court in the state
Chooses the cases it hears
 By vote of at least four (4) Judges
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State Trial Courts
 General original jurisdiction: Criminal and
civil matters
 Known as circuit courts or superior courts
 “Court of record”- keeps an exact account
of what goes on at trial
▪ Records: transcripts of what was said,
evidence submitted, statements,
determinations of court officials, and
judgment of the court
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State Court of Appeals
 Panel of judges evaluates the record,
briefs, and oral arguments.
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County Trial Courts
 General original jurisdiction: Criminal and
civil matters
 Known as Court of Common Pleas and
court of record
Such courts hear minor criminal cases,
state traffic offenses, and lawsuits in
which relatively small amounts (Usually
no more than $25,000)
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Municipal Courts
 Limited jurisdiction
 Usually divided into traffic, criminal, and
minor individual suits
 Disputes in which small amounts,
generally less than $2,500 or less are
involved
 Attorneys are required in small claims
courts
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Probate Courts
 Property of deceased
 Adoptions
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Domestic Relations Court
 Divorce, annulment, distribution
of property, alimony and child
support
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Juvenile Courts
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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.
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.
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Vocabulary, Chapter 2, Section 1
Supplemental Worksheet
Enrichment Worksheet
In which court will these case
most likely be tried?
1. Bankruptcy
2. Dispute between U.S.
taxpayer and the IRS
3. Violation of curfew by a
teen
1. What does jurisdiction mean?
2. Which vocabulary word for section 1 would
fit this scenario?
 If a 13-year-old- girl were found living in an
abandoned mobile home, how might she be
distinguished in a juvenile court?
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Have any of your
parents or anyone that
you know ever been
called to serve as a
juror?
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What type of case was
heard and what was the
verdict in the case?
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Have you or your family ever
had a disagreement with
someone?
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How did you or your family
handle it?
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Did you seek the help of a 3rd
party?
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What was the final course of
action?
Civil Trial Procedures vs.Criminal
Trial Procedures
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Begins with the
injured filing a
complaint
 Starting a civil case
can be expensive so
many look for other
ways to handle
disputes
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Quick and Inexpensive
Classified in 2 ways
 1. Reactive method: used after
a dispute has arisen
 2. Proactive method: used
before a dispute arises
 See Figure 2.2, page 35
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1. Pleadings
▪ Complaint
▪ Answer
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2. Discovery (gathering
evidence)
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Depositions
Interrogatories
Request for documents
Physical and mental exams
Requests for admission
 Sometimes the case can settle
during these 2 phases, if not…
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Listed for Trial
 A pretrial hearing is held
to simplify issues and
discuss matters that
might help dispose or get
rid of the case.
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If the case is not thrown
out…it gets listed for a
jury trial.
1. Selecting the Jury –
voir dire
2. Opening Statements –
Plaintiff’s attorney goes
first
3. Introduction of Evidence
4. Closing Arguments –
Plaintiff’s attorney goes
first
5. Jury Instructions
6. Verdict and Judgment
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If the defendant is found
guilty, the plaintiff is entitled
to a remedy.
 Payment
 Specific Performance
 Injunction
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The court makes sure the
execution of judgment is
carried out.
Arrest
 Rights of the Defendant
▪ Miranda warnings
▪ A telephone call
▪ Bail – sometimes
▪ Remain silent
▪ Attorney – court appointed if
can not afford
▪ Fair trial
▪ Presumed innocent until
proven guilty
2. Search and Seizure
 Search warrant needed under
normal circumstances and may
be limited to only the area
mentioned in the warrant
( Example 3, page 44)
 *Not needed if person is
arrested*
 **School officials may search
students without a warrant as
long as they have reasonable
ground to believe they will find
something.**
3. Charges
 A. Felonies
▪ Crime punishable by confinement for
more than a year in a state prison or by a
fine of more than $ 1,000 or both – or even
death
▪ Murder, kidnapping, arson, rape, robbery,
burglary, embezzlement, forgery, theft of
large sums, and perjury are examples of
felonies
 B. Misdemeanor
▪ Less serious crimes that are punishable by
confinement in a county or city jail for less
than one year, by fine, or both.
▪ Disorderly conduct, speeding, littering, and
parking violations
4. Arraignment
 Indictment
 Arraignment – asked to
plead
▪ Guilty or Not Guilty
▪ Guilty – sentenced – fine,
imprisonment, death
▪ Not Guilty- goes to trial
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Juvenile Court
 Dispositional Hearing (1st Step)
 Dismissed or Adjudicatory
Hearing
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Home on probation
Agency or foster home
Training or reform school
Pay with money, work or both
 The juvenile court system is
designed so that each case and
special circumstances are
considered individually.
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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.
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Disposition of Juvenile Cases
 Delinquent child- is a minor
under a certain age (16-18) who has
committed an adult crime.
 Unruly child- a minor who has
done something inappropriate that
is not considered an adult crime.
(Violating curfew, skipping school,
or using tobacco)
 Neglected/abused child- one
who is homeless, destitute or
without adequate parental care.
(Ward of the state)
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Statue of Limitations
 State laws specifies the time
within which a contract may be
legally enforced.
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Statue of Frauds
 State law require that certain
contracts be evidenced by a
written document.
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Joseph, age 16, robbed a local grocery
store, stealing several cartons of
cigarettes. Would he be considered a
delinquent child to the courts?
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Why or why not?
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Do you agree that people under 18 should
be tried as an adult if they commit certain
crimes?
 Workbook
 Exam (Next Class)
 Due:
 Vocabulary
 Packet