Chapter 3 The Court System. The Right to a Jury Trial Jury Jury Why would someone want this? Why...

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Transcript of Chapter 3 The Court System. The Right to a Jury Trial Jury Jury Why would someone want this? Why...

  • Chapter 3The Court System

  • The Right to a Jury TrialJuryWhy would someone want this?Bench TrialHeld before judge, no juryWhy would someone want this?

  • Jury SelectionVoir DireChallenge for CausePredispositionPeremptory ChallengeJust because (cant be racially motivated)Clips from A Time to Kill, Runaway JuryTobacco on Trial Activity

  • Exemptions from Jury DutyWhat are some good reasons?Legal Focus pg 81You get Paid. But not much

    Checking your progress: pg 81

  • Hot DebatePage 48Civil or criminalAlternative courses of action

  • Dispute ResolutionsAvoiding CourtMediator Not BindingArbitrator Legally Binding

    Litigate allow a court to resolve disputesCourt Govt forum that administers justice under the law

  • How Courts Settle DisputesTrial CourtsHear, Review evidenceApply Law to reach a verdict (decision)Original JurisdictionPower to hear a case for the first timeDecide question of fact

  • How Courts Settle DisputesAppellate CourtReviews Decisions of lower courtDo not Determine factsConcerned with errors of lawEx:Appellate Briefs written argumentsAlso hear oral argumentsAffirm, Reverse, Amend, Remand

  • Origin of the Federal Court SystemWhere does the Federal Courts power come from? WYV pg 52

    What types of cases can the Federal Courts preside over?

  • Jurisdiction of the Federal CourtsFederal District CourtLowest level of Federal CourtOriginal Jurisdiction regardingConstitution, US Law, US treatiesLawsuits between difft statesDiversity of citizenship ($75,000) WYV pg 52General vs Specialized Jurisdiction

  • Jurisdiction of the Federal CourtsFederal Court of AppealsNo new evidence or witnesses13 courts 12 geographical, 1 patentsUS Supreme CourtOriginal and appellate jurisdictionWrit of certiorari - order to lower court to hand over case recordsIn this case pg 54

  • State Court SystemWhats Your Verdict?Similar to Federal SystemThree Tiers: Trial, Appeal, SupremeNo guaranteed right of appealException: Capital Murder

  • State Trial CourtsGeneral JurisdictionCivil & Criminala.k.a. circuit courtsCourt of Record keeps an exact account of the proceedingsMay review decisions of specialized courtsEx: Small Claims

  • State Courts of AppealSimilar to Federal SystemA panel reviews the recordsUsually three membersNo guarantee of being heardNo new trial at this level

  • State Supreme CourtsMost cases involve only one appealOnly the most vital casesOriginal Jurisdiction over impeachment

  • Specialized JurisdictionsAssociate Circuit CourtsA.k.a. County CourtsMinor criminal cases, state traffic offensesLawsuits < $25,000Reduce the burden of trial courts

  • Specialized JurisdictionsCity or Municipal CourtsTraffic Division and Criminal DivisionReduce state burden on cases w/ overlapping laws

  • Specialized JurisdictionsSmall Claims Courts$2500 or lessJuvenile CourtsA question of ethics pg 57Emphasis on rehabilitation not punishmentAlternativesProbate CourtsAdminister wills and estates