Buslaw03 Judicial Process

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1. Distinguish between original jurisdictionand appellate jurisdiction and betweengeneral jurisdiction and special

jurisdiction.

2. Outline the structure of the federal courtsystem, and judge under whatcircumstances the federal court has

jurisdiction to hear a case.

THE JUDICIAL PROCESS

Chapter Outcomes:

Chapter 3


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3. Determine those cases that may be heard bythe U.S. Supreme Court.

4. Determine the law that a federal court will

apply when trying a case involving partiesfrom different states.

5. Identify the typical structure found in most

state court systems.

THE JUDICIAL PROCESSChapter 3

Chapter Outcomes (continued):


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6 . Describe the civil litigation process.

7. Define discovery and explain the mostcommonly used discovery techniques.

8. Detail the steps in a civil trial.




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9 . Relate how the appellate courts operate.

10. Describe the steps in a criminal

prosecution.




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The Court System

T he Federal Court SystemCourt Jurisdiction

State Court Systems

33--11


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LawLINKS

Chapter 3Chapter 3

The Administrative Office of the UnitedStates Courts maintains its relatively newwebsite at

http://www.uscourts.gov


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LawLINKS

Chapter 3Chapter 3

The current calendar of the United StatesSupreme Court can be accessed at

http://supct.law.cornell.edu/supct/calendar.html


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33--11

1. A court of appellate jurisdiction has theauthority to hear a case when it is firstbrought to court .

Topic Quiz

FALSE

Answer the following true/false questions:

It reviews cases for errors .


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33--11

2. A federal question could involve theU .S . Constitution or a federal statute,but would never involve a treaty

Topic Quiz

FALSE


Federal question MAY involve a treaty .


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33--11

3. A writ of certiorari is an orderfrom the Supreme Court to alower court to deliver itsrecord to the U . S . SupremeCourt for review .

Topic Quiz

TRUE



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Civil ProcedureCommencement of the ActionService of ProcessT he Pre-Answer StageT he Answer T he Pretrial StageT he Civil T rialT he AppealExecution of the Judgment

33--22


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33--22

1.All complaints filed in state court mustinclude a statement of jurisdiction .

Topic Quiz

FALSE


It is not necessary in all cases .


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33--22

2. In some states, a motion forthe dismissal of a case forfailure to state a claim forwhich relief can be granted iscalled a demurrer .

Topic Quiz

TRUE



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33--22

3. Discovery is the process bywhich the parties to a civilaction search for informationthat is relevant to the case .

Topic Quiz

TRUE



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Criminal ProcedureT he Arrest and Initial

AppearanceT he Preliminary Hearing

The Formal Charges

T he Arraignment

T he Criminal T rial

33--33


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33--33

1. The first step in a criminal prosecutionprosecution is to establish the motivefor the crime .

Topic Quiz

FALSE


The first step is to gather evidenceand to identify all possible suspects .


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33--33

2. An information is a set of formalcharges against a defendant issuedby a grand jury .

Topic Quiz

FALSE


No grand jury is involved in thisprocess .


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33--33

3. An arraignment is a formal courtproceeding during which the defendant,after hearing the indictment orinformation read, is sentenced by thecourt .

Topic Quiz

FALSE


This is the point where the defendantpleads guilty or not guilty .


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33--11 Courts are judicial tribunals that meet in aregular place and apply the laws in an attemptto settle disputes fairly .

Litigation begins when the plaintiff files acomplaint with the appropriate trial court .

33--22

SUMMARY

33--33 The steps in a criminal prosecution includethe arrest and initial appearance, thepreliminary hearing, the formal charges, thearraignment, and the trial .


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Chapter 3Chapter 3 K ey Termsaffirmative defense answer arraignment appellate jurisdictioncase in chief complaint

cross-examination damagesdefendant demurrer depositions direct examinationdiscovery diversity cases

federal question general jurisdictionindictment informationinterrogatories jurisdictionliability


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original jurisdiction personal jurisdiction plaintiff preliminary hearing prosecutor rebuttalrequests for admissions service of processrequest for real evidence special jurisdictionsummary judgement subject matter

jurisdictionsurebuttal verdictwrit of certiorari writ of execution

request for physical or mental examination

Key Terms (continued)Chapter 3Chapter 3


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Investigating on the InternetT he Administrative Office of the United

States Courts maintains a website athttp://www.uscourts.gov

which includes the latest press releasesfrom the federal courts. Access one of the most recent press releases andwrite a report on the issues contained

therein.

Ch apter 3Chapter 3


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End of Prese n tatio n

Buslaw03 Judicial Process

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