3-3 State Court Systems

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3-3 State Court Systems

GOALS

Compare the structure of a typical state court system with the structure of the federal courts

Explain the jurisdictions of the specialized courts in a typical state system


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A TYPICAL STATE COURT SYSTEM

State trial courts State courts of appeals State supreme courts


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A TYPICAL STATE COURT SYSTEM


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CHECKPOINT

What does a typical state court system have in common with the federal court system?


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STATE COURTS WITH SPECIALIZED JURISDICTIONS

Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts


State Courts

Circuit Courts or Superior Courts (depends on state for terminology)• general jurisdiction over both civil and criminal matters• court of record keeps an exact account of trial• determines facts of case either by using a jury or if there

is no jury the judge will make this determination• appeals will depend on this record• review decisions of more specialized courts


Circuit Courts or Superior, cont.• county, district, or municipal – term will depend on the state

specialized ie: family, traffic, criminal, probate, and small claims

• Probate involves wills and claims against estates of deceased persons

• may be able to appeal to intermediate court of appeals or directly to state supreme court

• If it only involves state law then it will end at the state level

• If the issue involves federal law or the federal constitution then it could go to the federal Supreme Court

State Courts


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CHECKPOINT

Name the typical state courts that have specialized jurisdiction.


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Tribal Courts

• no longer possess complete authority over their reservations

• retain inherent powers• regulate family relationships• tribal membership• law and order on the reservation

• delegated powers – given for certain area, ie: environment


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Tribal Courts

• very complicated system, both federal and tribal laws determine the jurisdiction of tribal courts

• tribal authority does not include the right to prosecute non-Native Americans for crimes committed on the reservation


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International Courts• set up by the United Nations and other organizations• International Court of Justice

• located at The Hague in the Netherlands• any dispute based on international law that is submitted

• Tribunals, works with crimes against humanity, genocide, war crimes, and crimes of aggression

• U.S. opposed the creation of the International Court of Justice


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Juvenile Justice System Three General Groups:

1. Delinquent Offenders- youths who have committed acts that would be crimes if committed by adults

2. Status Offenders- youths who have committed acts that would not be crimes if committed by adults, ie: running away, skipping school, curfew violations, underage drinking- considered to be unruly and beyond control of parents/legal guardians


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Juvenile Justice System3. Neglected and Abused Children• court protects these children from their parent/guardian.• when a parent/guardian is charged with failing to provide

adequate food, clothing, shelter, or medical care• when a child has been sexually, physically, or emotionally

abused• judge decides whether the child needs the protection of the

court, should they remain with the family or be moved into a relatives or foster care home, go to counseling and/or treatment


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Juvenile Justice System Parental Responsibility Laws

• holding parents responsible for crimes committed by their children

• believe parents know or should know what their children are doing, especially in certain appropriate cases, ie: drug dealing, gang activities

• charged with contributing to the delinquency of a minor

Laws for all 50 states

http://www.mwl-law.com/CM/Resources/PARENTAL%20RESPONSIBILITY%20CHART%20(00033309).pdf


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Juvenile Justice System 3 Ways to Try Juveniles as AdultsThere are three common ways in which to transfer a case from juvenile court to the adult system and try the juvenile as an adult. These are:

1. Judicial Waiver - some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court

2. Direct File - sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult

3. Statutory Exclusion - some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record


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Juvenile Justice System Types of Juvenile Hearings• Initial Hearing - state must generally prove two things: an

offense was committed and reasonable cause to believe the accused did it

• Preventive Hearing – hearing about whether to detain minors serves a legitimate purpose in protecting the community and themselves from future crimes committed by that juvenile

• Adjudicatory Hearing - determines the facts of a case• Dispositional Hearing - hearing where judge decides the

sentence.


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Misc., cont. Precedent• Written opinion or ruling• lower courts in area where decision was made must follow the

precedent• higher court has power to reverse or change the precedent• no power over courts in another jurisdiction or state can

disagree with the precedent


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Misc., cont. Dissenting

• Written opinion from judges who do not agree with the courts decision

• opinion of the minority of the judges• states reasons for disagreeing• may become basis of future majority opinions


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Misc. Concurring Opinion• Judges who agree with the courts decision but for

different reasons that those used to support the majority opinion.


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PREVENTLEGALDIFFICULTIES

Be prepared . . . To avoid expensive litigation should a dispute

develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator.

To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved.

Continued on the next slide


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PREVENTLEGALDIFFICULTIES

Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options.

Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate.

3-3 State Court Systems

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