Chapter 2 Exam Review

Dual Court SystemBusiness Law

Chapter 2 Review PPT for ExamMr. Sherpinsky’s Business Law Class

Council Rock School District

A Dual Court System

U.S. System of Justice has two major parts

1. Federal System2. State Court System

Basic Court Terms: Jurisdiction

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 for 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

Basic Court Terms: Jurisdiction

General Jurisdiction: meaning they handle criminal and civil cases. (Commonly known as the Court of Common Pleas in Bucks County)

Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

Basic Court Terms

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

U.S. District Courts

Have ORIGINAL Jurisdiction: Bottom of Federal Court System 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.

U.S. District Courts

Also have GENERAL Jurisdiction Lowest Level of federal court

system. 13 U.S. Judicial Districts Most federal cases start in

U.S. District Courts. Power to determine the facts

and to make initial determinations.

Both civil and criminal cases

U.S. District Courts

13 U.S. Judicial Districts

Court of Appeals orAppellate Courts

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

Special U.S. Courts

Special Courts 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 IRSExamples:

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)

U.S. Supreme Court

Highest Court in the LandHas 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

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)

U.S. Supreme Court

State Court Systems

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▪ Types of Records: transcripts of what

was said, evidence submitted, statements, determinations of court officials, and judgment of the court

State Court of Appeals Panel of judges evaluates the

record, briefs, and oral arguments.

State Court Systems

County Trial Courts General original jurisdiction:

Criminal and civil matters Known as Court of Common

Pleas and court of recordSuch courts hear criminal cases,

state traffic offenses, and lawsuits in which relatively small amounts

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

Juvenile Courts

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.

Civil Trial Procedures

• Civil and Criminal Trials begin differently– Criminal Cases: Government brings

case for offenses against the public at large

– Civil Cases: Individuals who believe they have been injured initiate challenges• Brings a lawsuit can be expensive so

alternative have been developed

Steps in a Civil Trial

1. Pleadings▪ Complaint▪ Answer

2. Discovery (gathering evidence)▪ Depositions▪ Interrogatories▪ Request for documents▪ Physical and mental exams▪ Requests for admission

Sometimes the case can settle during these 2 phases, if not…

Steps in a Civil Trial (continued)

3-Listed for Trial A pretrial hearing is

held to simplify issues and discuss matters that might help dispose or get rid of the case.

If the case is not thrown out…it gets listed for a jury trial.

Steps in a Jury Trial

1. Selecting the Jury – voir dire2. Opening Statements – Plaintiff’s attorney goes first3. Introduction of Evidence4. Closing Arguments – Plaintiff’s attorney goes first5. Jury Instructions6. Verdict and Judgment

Verdict and Judgment

If the defendant is found guilty, the plaintiff is entitled to a remedy. Payment Specific Performance Injunction

The court makes sure the execution of judgment is carried out.

Criminal Trial Procedure

Arrest (Starts here)

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

Criminal Trial Procedure (continued)

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.**

Criminal Trial Procedure (continued)

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

Criminal Trial Procedure (continued)

4. Arraignment Indictment Arraignment – asked to

plead▪ Guilty or Not Guilty

▪Guilty – sentenced – fine, imprisonment, death▪Not Guilty- goes to trial

Juvenile Cases

Juvenile Court Dispositional Hearing (1st

Step) Dismissed or Adjudicatory

Hearing▪ 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.

Juvenile CasesDisposition 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)