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