1.
The third branch of government is the court system. This can be a 2-tier or 3-tier. Each state has the power to set up its
own laws, definitions of those laws, which varies from state to state and federal government. A two-tier court system, which
is used by Rhode Island, is the trial court of record. In RI the name given to the court by federal government is RI Superior
court and family courts. The second part of two-tier definition is the Highest Appellate court. The name given by the federal
government in Rhode Island is the RI Supreme court.
The 3-tier court system that is used by the federal government as well as some states start with the Trial Court of Record.
The name of the court given by the federal government is the U.S. District courts, there is 94. Next is the Intermediate
Appellate Court named U.S. circuit court of Appeals, there is 12. The final is the Highest Appellate Court and is named U.S.
Supreme Court, and there is 1.
A two-tier court system: (used by Rhode Island)
1. Trial Court of Record ---- RI Superior and RI Family Courts
2. Highest Appellate Courts ---- RI Supreme Court
A Three-Tier Court System: (used by Federal government and some states)
1. Trial Court of Record ---- (94) U.S. District Courts
2. Intermediate Appellate Court ---- (12) U.S. Circuit Court of Appeals
3. Highest Appellate Court ---- (1) U.S. Supreme Court
2.
In criminal cases, a defendant risks losing their liberty and even their life to probation, a life sentence in prison or in
some cases a death sentence. The crimes that are committed have a ripple effect which is when the impact of the crime not
only effects the victim of the crime, but the victim’ s family, friends, and even the community. In some cases, the ripple
effect can have a widespread impact beyond where the crime took place. The individual who is charged with a crime is
brought to trial. A person is presumed innocent until proven guilty. The presumption of innocence happens only one time
and it is at the beginning of every criminal case.
In a criminal case the prosecutor and or district attorney represents the government. The highest burden of proof beyond a
reasonable doubt is the responsibility of the government. It’s the prosecutor’s burden to prove. The defendant does not
have to prove anything. In a trial the person who makes the decision is the “trier of fact.” There is always a trier of fact. This
is whoever is deciding the case. This can be a judge alone, a jury or both a judge and jury. When there is a jury, there is still
a judge overseeing the entire process, but final decision made by jury. For the government prosecutor to convince the tryer
of fact (who must be at least 90% certain) that it was the defendant who committed the crime, he must introduce sufficient
evidence. To be found guilty tryer must be at least 90% certain and less than 90% certain not guilty. In court, a defendant is
entitled to a free attorney (a public defender) if they are not able to afford one. This right starts at the very beginning, all the
way from the beginning with police.
During trial, the defendant is almost never put on the stand and be questioned by the prosecutor, to do so, is rare and is
extremely risky and it is their constitutional right. If defense makes the high-risk decision to put defendant on stand, then the
prosecutor can question which is called cross examine. Under the fifth amendment, a prosecutor can NEVER call a criminal
defendant to the stand or make negative comments about them not taking the stand. The fifth amendment to the U.S.
constitution protects us against double jeopardy. No person can be tried for the same crime in the same criminal court more
than once, unless an exception applies. In a criminal case, if the defendant is found not guilty, that is the end and the
prosecutor can’t appeal the case. If found guilty, the defendant can try to appeal with appellate court. Appellate courts are
higher than trial courts. They are review courts.
In civil cases, there is a risk of losing money. They are not brought on by the government. These cases are
between individuals; plaintiff v. person. It can be between people, business, if it involves a contract, then sometimes the
government. In civil cases, you can sue for breach of contract. Nobody is entitled to a free attorney even if unable to afford
one, it’s on parties to secure their own representation. Burden of proof in a civil case is lower than beyond a reasonable
doubt. There are two possible burdens of proof. Preponderance of evidence which the only need to be convinced on or by
one more than other (about 51% certain based on evidence.) Clear and convincing evidence is the second. It is higher than
preponderance, tryer of fact must be convicted 75% certain based on evidence. The burden of proof is always
preponderance unless a specific statute says it is clear and convincing. You must look up statute to know which one
preponderance or clear and convincing.
In civil cases, nobody is innocent until proven guilty at the start. Under the fifth amendment, any party can be called to the
stand. Protected under the fifth amendment, parties do have the right to refuse to speak because one can be found
criminally responsible by what is said. The fifth amendment still applies, but any party can be called to stand to testify. This
person can be questioned, and comments are aloud to be made. The fifth amendment rule doesn’t apply in civil cases, any
party or witness can be called to take the stand. The terms guilty and not guilty are not used in civil cases, instead your
found liable or not liable. The losing party can try to appeal but almost all appeals can be turned down.
3.
Appellate courts are also known as court of appeals. They are review courts and they are higher than trial courts. A
review court reviews records from lower court looking for mistakes. You can file a writ of certiorari for appeal, but it is not
guaranteed. The primary function of Appellate courts is to review records from lower court decisions, looking for any legal
error or mistakes because they are a review court. They are made up of a panel of judges (an odd number of judges / 9
justices) and the majority vote will be the decision. They do not hear new evidence or witnesses, there is no jury and they
do not retry cases or hold trials in appeals. If errors are found, they will need to decide if the error was serious enough the
court feels they need or must do something to correct prejudicial error. The U.S. Supreme court. It is the highest court in the
land. When the U.S. Supreme court makes a decision, it must be followed by ALL STATES in the U.S.
The appellate court has three choices when deciding. The first choice is Affirm. The lower courts agree with
decision of lower court, the decision remains, and they change nothing. The second choice is Reverse / Vacate. They wipe
out lower court’s decision. This means the errors found were so serious that they wipe out the decision made by the lower
court as if nothing ever happened. (not necessarily the end of case as it is an exception to the double jeopardy rule.) The
third choice is Remand. This is to send case back to the lower court with an explanation.
4.
There are two types of appeals which are mandatory appeals and discretionary appeals. Mandatory appeals can’t be turned
down by the appellate court. There are very few mandatory appeals (death penalty case) Discretionary appeals are majority
of appeals. For every discretionary, a writ of certiorari must be filed by party wanting appeal. A writ of certiorari is a formal
written document that is filed with all appellate courts when requesting a discretionary appeal. A court can either grant cert.
which means to hear appeal or deny cert which means they won’t hear appeal.
5.
Precedent is the “primary authority,” in cases that have already been decided by appellate court on the same or similar
issues in the court case. It is a decision made by a court that is considered an Authority in cases that follow that involve
similar or identical facts and or legal issues. It establishes the legal rule. It helps predict cases based past cases. Rule of
law is the reason the appellate court gives for what they decided in a case and why. The definition for rule of law is the
belief in our country, that no one is above the law (law applies equally.) Stare decisis is a Latin term for “stand by your
decision.” It is a legal doctrine that requires courts to follow historical case rulings (follow precedent) when they have similar
cases. It binds courts to follow legal precedent that was set by previous court decisions.
The importance of rule of law is the relationship between law and society and how commitment to following and respecting
the law makes it possible for laws to exist and continue. The importance of stare decisis and precedent is to maintain
fairness and order. It helps predict possible outcomes. They build our legal system to create a common law system. The
provide the ability to those who are in similar court cases predict outcomes and how to approach case based on previous
outcomes in past cases.
6.
The meaning of the term Judicial review is the power and authority of a court to strike down laws, that they believe
contradict constitution. Judges and courts can only use judicial review in cases that come before them.
7.
(subject matter) Jurisdiction also referred to as ratione materiae. It is the power and authority of a court to hear
specific types of cases or controversy. The types of cases heard are divorce, criminal and civil. Subject matter court may be
determined by monetary value of the dispute. Venue is the correct geographic location of the courthouse a case is heard in.
Jurisdiction is the power to act, the official power to make legal decisions and judgements.
Federal courts have original subject matter jurisdiction over any case that involves a question or an issue that is of
federal law. to determine if it is a federal case or federal question jurisdiction, first question if it involves federal law, if so, it
is filed in federal courts. second would be diversity of citizenship, civil cases only, this is the way to have your case heard in
federal courts but only have state law applied. If all parties to the lawsuit are citizens of different states and or must be suing
for more than an amount of $75,000. If one or more of the parties are a corporation, federal law states that a corporation is
a citizen of the state that the corporation was created in and the state where corporation has its principle place of business.
(many lawsuits involve corporations.) A person’s citizenship is not determined by their residence, but by their formal
residence, the country they attribute to be their home, where they are from originally.
Subject matter jurisdiction is the authority or power of a court to hear certain types of cases that relate to a specific subject
matter. This may be determined by the dollar amount of the dispute, or monetary value of the dispute. Subject matter
jurisdiction cannot be waived. Federal and state court systems, federalism. Dual court system, dual citizenship, and dual
sovereign (government) remind us that in the United States, we have two levels of government, State and federal. The
states existed before the federal government. The dual meaning(s) of citizenship refers to the fact that we are citizens of the
state we are in and the federal government. We must follow the laws of both that state and federal government at the same
time or we will have to face being charged with a violation of both. The federal government and the states both have the
right to create their own courts as well as name these courts. we use Sovereign to refer to the government, state and
federal. (In Britain, the queen or king were referred to as sovereign.) Dual court system, dual citizenship, and dual
sovereign (government) all states have their own court systems and own government. in addition to states, federal
government has its own court system. Dual citizenship reminds us that we must follow laws of state and federal government
no matter what state you’re in or federal case is in.
8.
Double jeopardy means to prosecute a person more than once for the same crime and or offense, after an acquittal
or conviction, giving one punishment for same offense. It is only applied to criminal cases. The fifth amendment to the
United States Constitution protects us against double jeopardy. No person can be tried for the same crime in criminal court
more than once, unless an exception applies. There are three exceptions to double jeopardy. The first exception is a hung
jury, (it’s when jury can’t come to a unanimous decision.) When a person is found guilty of a crime, appeals and wins the
appeal. It’s the decision of the prosecutor to try person again and is never the same jury more than once. The second
exception is a mistrial (some huge error / mistake during trials and judge feels the defendant can’t get a fair trial, if so, a
judge declares a mistrial. The prosecutor has the choice to try again. The third and final exception is when defendant is
found guilty in criminal case and appeals. Appellate takes appeal and reverses the case, wipes it out. If the prosecutor still
has enough evidence and wants to try this person again, the prosecutor can do so.
9.
Primary sources can be either mandatory or persuasive. Primary authority; mandatory authority. The law that
applies to your case. Primary authority IS THE LAW and includes The U.S. constitution and constitution of your state,
Statutes and common law, Precedent and Administrative regulations. These authorities form the rules that the courts follow.
Administrative agency creates laws which is binding, and court must follow. Precedent is “primary authority,” which means
cases that have already been decided by appellate court on the same or similar issue in your case. It helps predict cases
based on past cases. The lower courts are required to follow decisions from the higher courts in the same jurisdiction. If the
U.S. Supreme court precedent, then it must be followed everywhere. Superior court in RI has precedent than everywhere in
RI must follow it.
Secondary authority; Persuasive authority. It is the commentary on law, it is not the law that you must follow. You
do not have to follow anything that is not primary in the court you are in. Information, laws, and anything else in the primary
authority list that does not apply to the court you are in. Secondary authority is persuasive authority meaning you can
always use it to persuade the court. However, the court does not have to follow it. Secondary authority IS NOT THE LAW. It
is information that interprets or explains the law.