A Dual Court System

Parts:
 Jamila
 Daniel
 Peggy
 Trai
 Mrs. Martinez

What is a court
case you have
seen on T.V.
lately?

What kind of a
court was the
case tried in?
U.S. System of Justice has
two major parts
1. Federal System
2. State Court System

Hear cases involving or have jurisdiction
over “responsible for”:
 Federal matters (Example 1, pg. 28)
 Citizenship matters
United States Supreme Court
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts
Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts
United States Supreme Court
State Supreme Court
Appellate Courts
General Trial Courts
Commonwealth & Superior Courts
Lower Trial Courts
Court of Common Pleas
District Justice Court
Jurisdiction: is the power and
authority given to a court to hear a
case and to make a judgment
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
Original Jurisdiction: Meaning
they try a case 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
General Jurisdiction:
meaning they handle
criminal and civil cases. (In
Bucks County commonly
known as the Court of
Common Pleas)
Limited Jurisdiction:
meaning they handle minor
matters (Misdemeanors
and civil actions)

Hear cases involving or have jurisdiction
over “responsible for”:
 Federal matters (Example 1, pg. 28)
 Citizenship matters
United States Supreme Court
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts
Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts
U.S. District Courts
 Have original
jurisdiction over
most federal
cases
 Most federal
cases begin in
one of the U.S.
district courts
Have ORIGINAL Jurisdiction:
 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.
Jurisdiction over:
 Issues between states
 Issues between parties who
reside in different states and
the remedy is over $75,000
 Issues of national attention
 Issues where the United States
is a party

Also have GENERAL
Jurisdiction
 Lowest Level of federal court
system. Most federal cases
start in U.S. District Courts.
 Power to determine the facts
and to make initial
determinations.
 Both civil and criminal cases
Courts of Appeals
 Also known as appellate
courts or intermediate
courts
Intermediate Courts
 means a court between
lower courts and the
highest court

Hear appeals and review cases
from lower courts
 Have appellate jurisdiction over
district courts, certain specialized federal
courts, and many federal administrative
agencies



Appeals from a lower court, like
state court
Appeals from administrative courts
Appeals from specialized courts, like
patent court
 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
Review decisions of
lower courts when
party claims error
during proceedings

Usually a panel of three (3)
judges
 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 Courts


Designed by Congress
Has jurisdiction over certain
kinds of cases:
 Suits brought by citizens against
the federal government
 Disagreements over taxes on
imported goods
 Disputes between taxpayers and
the Internal Revenue Service
(IRS)
Special Courts


Designed by Congress
Have Jurisdiction over:
 Suits brought by citizens against the
federal government
 Disagreements over taxes on imported
goods
 Disputes between taxpayers and the
IRS
Examples:
 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)


Highest Court in the Land
Has 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)
The Supreme Court consists of the Chief
Justice of the United States and such
number of Associate Justices as may be
fixed by Congress.
 The number of Associate Justices is
currently fixed at eight
 Power to nominate the Justices is vested in
the President of the United States, and
appointments are made with the advice and
consent of the Senate.
 Terms last for a lifetime
 Working term begins on the first Monday in
October

Research the US Supreme Court
 Answer the following questions for each Judge:
1. Name all Justices
2. The colleges/universities they graduated from
3. Birth Date/Family Profiles
4. Who appointed them and when
5. Identify them as either being conservative or
liberal
6. Name at least 2 major cases they have quoted
United States Supreme Court
State Supreme Court
Appellate Courts
General Trial Courts
Commonwealth & Superior Courts
Lower Trial Courts
Court of Common Pleas
District Justice Court
The three primary courts in
the state court system are:
• Superior Court,
• Intermediate Court Of
Appeals and
• State Supreme Court.
Municipal Courts

Limited jurisdiction
 Means handle minor matters such
as misdemeanors and small
amount of money (Less than
$2500)
 Also known as Justice of the
Peace or Magistrate’s courts
 Commonly cases are called
summary offenses
 All misdemeanor and felony
violations are more commonly called
court cases.
County Trial Courts
 General, original and appellate
jurisdiction: Hears all Criminal and
civil matters
 Known as “Court of Common
Pleas” and “court of record”
 Hears a wide variety of cases, including
criminal prosecutions, juvenile
delinquency proceedings, lawsuits
involving money or property, divorce,
custody disputes, child support issues,
adoptions, estates and much more.
 The Common Pleas Court is also the court
in which many appeals, such as
driver’s license suspensions, zoning
matters, traffic tickets and numerous
others are resolved.
State Trial Courts
 General and 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.


Highest court in the state
Chooses the cases it hears
 By vote of at least four (4) of the
Seven (7) Judges
 Pre-dates the US Supreme Court by
67 years
Specialized Cases:
 Probate Courts
 Hear cases involving the
property of deceased persons
 Even when no will exists!
 Adoptions
Specialized Cases:
 Domestic Relations
Court
 Divorce, annulment,
distribution of property,
alimony and child support

Juvenile Courts
 A delinquent child is a
minor who has
committed an adult
crime.

Juvenile Courts
 An unruly child is
generally a minor who
has done something
inappropriate that is not
considered an adult
crime.

Juvenile Courts
 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.
▪ Many states have imposed
stricter standards for the
treatment of youth offenders
▪ Especially when drugs or violence is
involved
In which court will these
case most likely be tried?
1. Bankruptcy
2. Dispute between U.S.
taxpayer and the IRS
3. Violation of curfew by a
teen
1. What does jurisdiction mean?
2. Which vocabulary word for section 1
would fit this scenario?
 If a 13-year-old-girl were found living in
an abandoned mobile home, how might
she be distinguished in a juvenile court?

Have you or your family
ever had a disagreement
with someone?

How did you or your
family handle it?

Did you seek the help of a
3rd party?

What was the final course
of action?
Civil Trial Procedures vs.
Criminal 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
▪ Injured party begins a suit by filing a complaint with
court
▪ Lawsuits can be expensive so alternatives have
been developed
ADR (alternative Dispute Resolution
 Defined: Process that occurs when parties
try to resolve disagreements outside of the
usual adversarial system
 Quick and Inexpensive
 Classified in 2 ways
 Reactive method: used after a dispute has
arisen
 Proactive method: used before a dispute arises
 See Figure 2.2, page 35

Reactive Methods
 Mediation: when parties to a dispute invite a
3rd party into the process to help find a solution
 Arbitration: when parties actually transfer the
power to settle their dispute to a 3rd party
▪ Binding and Non-binding
 Summary Jury Trial: short trial that runs less
than a day before a real jury which puts forth
verdict
 Private Jury Trial: Parties can hold the trial at
a time and place of their own choosing

Proactive Methods
 Partnering: Involves a process by which the
parties to a long and involved contract agree
to meet to become familiar
 Settlement Week: Court’s clear docket of
other cases to hear settlement offers
 Negotiated Rule-making: Parties affected
by new rules work together to develop new
rules
 Science Court: a forum for disputes about
science or technology controversies
▪ Genetic engineering, nuclear energy research,
and so on

Three (3) major
ways to resolve
disputes:
 1. Negotiation
 2. Arbitration
 3. Mediation

Negotiation
 Process in which people
involved in a dispute discuss
their problem and try to reach
a solution acceptable to all
▪ Skills necessary are handling
conflict responsibly way and can
be used in everyday life
▪ Informal, which makes it ideal
for many types of disputes

Negotiation
 Often people hire attorneys to
represent them
▪ Requires formal approval of any deal
▪ Attorneys file a court case and still try
to resolve the issues through
negotiation
 Settlement: formal acceptance
of a deal satisfying both parties
▪ Saves time and money

Negotiation
 3 Phases in Negotiating
1. Preparation
a)
b)
c)
d)
Sincere interest in settling
Identify all the real issues
Separate demands from interests
Examine the issue from the other
party’s point of view
2. Negotiating
3. Post-negotiating

Negotiation
 3 Phases in Negotiating
2. Negotiating
1.
2.
3.
4.
5.
Focus on the real issues
Gauge intensity
Listen carefully
Ask question for clarity
Design alternatives
3. Post-negotiating

Negotiation
 3 Phases in Negotiating
3. Post-negotiating
a) Make final decisions
b) Build agreement
c) Keep options available

Arbitration
 Both parties to a dispute agree to have
one or more person hear the dispute
and make a decision for them
 Arbitrator is acting like a judge
 Less formal than a trial
 Arbitrator has the power to make
decision
▪ Binding or Non-Binding

Mediation
 When a third person helps the
disputing parties talk about
problems and issues
 Cannot impose a decision on the
parties
▪ Goal is a reasonable agreement
▪ Often, mediator acts as a neutral
third party
 Voluntary
▪ Air feelings and avoid blame, preserves
the future relationship

Research the Bucks County
Court System
 Using the
handout, answer
the questions using your research
skills, the Internet, and existing
knowledge.
▪ Bonus Question: What is/was
the budget for the court system?
Civil Trial Procedures vs.
Criminal 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
▪ Injured party begins a suit by filing a complaint with
court
▪ Lawsuits can be expensive so alternatives have
been developed

Begins with the
injured filing a
complaint
 Starting a civil case
can be expensive so
many look for other
ways to handle
disputes
Plaintiff
 Persons whom
start the court
process
▪ Files 1st
Defendant
 Person being
sued
▪ Action being
taken against

1. Pleadings
▪ Complaint (Plaintiff’s claims or
allegations)
▪ Answer (Defendant’s responses to
claims)

2. Discovery (gathering
evidence… pre-trial hearing)
▪
▪
▪
▪
▪
Depositions
Interrogatories
Request for documents
Physical and mental exams
Requests for admission
 Sometimes the case can settle
during these 2 phases, if not…
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.
1. Selecting the Jury –
voir dire
2. Opening Statements –
Plaintiff’s attorney goes first
3. Introduction of Evidence
4. Closing Arguments –
Plaintiff’s attorney goes first
5. Jury Instructions
6. 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.

Arrested? Need
a Lawyer? Why
should the
government be
responsible to
provide an
attorney?

What precedent was set by Supreme Court?


Any indigent (someone who can’t afford an attorney) defendant must be
provided with representation (limited ruling…not clear??)
Who had to follow the precedent? What if the case was
decided by judge in state appeals court?
Everyone, in US.
 If it was at the State Appeals Court: Only state lower courts, unless their
constitution says all courts in state.


Does Gideon apply to other cases?
Not answered at time, but in 1972, Supreme Court ruled that any case that
could lead to jail time the defendant should have representation.
 Doesn’t apply to “no” jail terms crimes or civil cases


Miranda v. Arizona (right to counsel/avoid self-incrimination)
Arrest
Criminal cases often start with
an arrest
 Occurs when a person is
deprived of his or her freedom

 Officers may arrest a person at
any time with a warrant
 Officers may arrest a person
without a warrant if he or she
believes the person has committed
or is committing a felony or
misdemeanor
1. Arrest
 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
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.**
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
4. Arraignment
 Indictment – written
accusation charging the
individual
 Arraignment – read the
indictment or information
and then asked to plead
▪ Guilty or Not Guilty
▪ Guilty – sentenced – fine,
imprisonment, death
▪ Not Guilty- goes to trial
5. The Trial
 Jury Trials





Selection of jurors
Opening Statements
Introduction of evidence
Closing Arguments
Judge’s Instructions to Jury
 Judge Trial
 Opening Statements
 Introduction of evidence
 Closing Arguments
6. Sentencing
 Criminal Cases: Must be
unanimous
 Guilty beyond a reasonable
doubt
 Judge imposes ruling
 Fines – Payment of money
 Imprisonment – term of
incarceration
 Death penalty
 Not Guilty
 Free to go!

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.

Disposition of Juvenile
Cases
 The judge usually holds a
detention hearing to learn
whether there are good
reasons to keep the accused in
custody.
 An investigation is begun into
the minor’s background and
home life.

Disposition 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)

Joseph, age 16, robbed a local
grocery store, stealing several
cartons of cigarettes. Would he be
considered a delinquent child to the
courts?

Why or why not?

Do you agree that people under 18
should be tried as an adult if they
commit certain crimes?
Grasping the Issues
 Working with a partner:
Choose four of the five short cases
from page 52 and write a short
paragraph response
Prepare your defense for the “Privacy
and Drug Testing” Debate
Five Teams
Pro
Against
 Workbook
 Review for Exam in next
 Exam (Thursday)
 Due: (Thursday also)
 Vocabulary
 Packet
class