Chapter 1.2 Court System and Trial Procedure
1. As the framers wrote the constitution, some feared that the ___________ courts might
threaten the ____________________ of the ____________ and the ____________________.
Special Federal
Courts
Federal Courts
State Courts
U.S. Claims Court
-Claims against the federal
government
U.S. Supreme Court (3)
Each state has the following types
of courts:



Local Trial Courts
o Speeding tickets
General Trial Courts
o Criminal and civil cases
Juvenile Courts
o Cases involving minors
HIGHEST TIER
U.S. Court of
International Trade
-Hears Civil cases concerning
tariffs and import taxes
U.S. Tax Court
U.S. Court of Appeals (2)
MIDDLE TIER
-Hears cases dealing with tax
laws
Territorial Courts

Intermediate Appellate Courts
o Cases being appealed

State Supreme Court
-Hears cases dealing with
territorial and federal law in
the territories of the United
States
U.S. District Courts (1)
LOWEST TIER
STATE CASE EXAMPLES


A crime that is a violation of state law. Most
criminal activity falls in this category, such as
robbery, assault, murder, and many drug-related
crimes.
Court of Military
Appeals
-Hears appeals of court
martials
FEDERAL CASE EXAMPLES
•
•
•
A controversy arising out of the state constitution or
other state laws.
•

A case in which the state is a party, such as state
tax violations.
•

Most real estate cases, malpractice, personal injury
cases, and contract disputes.
•

All family, divorce, custody, inheritance and
probate (will) cases.

Most traffic and juvenile cases.
•
Cases in which the United States is a party
Cases involving violations of the U.S.
Constitution or federal laws
Cases between citizens of different states if
the amount in controversy exceeds $75,000
Bankruptcy, Copyright, Patent, and
Maritime (sea) law cases.
Bank Robbery in which the FDIC insures
the bank
Bringing illegal drugs into country or across
state line
Crimes committed on federal property:
national parks or military reservations.
Federal Court System
1. Define JurisdictionFEDERAL COURTS
JURISDICTIONS
TYPES OF CASES
D_________________ Courts
O__________________________
__________________________
Court of A_______________
A__________________________
__________________________
STATE COURTS
JURISDICTIONS
TYPES OF CASES
L_________________________
L__________________________
__________________________
G_________________________
G_________________________
__________________________
J___________________________
S__________________________
__________________________
State Court System
OTHER
S__________________________
TYPES OF CASES
E__________________________
__________________________
JUVENILE COURTS
Juvenile Court does not refer to the place a court proceeding takes place. Instead…..
Identify some differences between an adult and a juvenile:
Substantive Vs. Procedural Law
1. Define Substantive Law2. Define Procedural Law-
2 types of Procedural Law
1. Criminal2. Civil-
Litigation
1. Litigation2. Reasons for Litigation
a. Wrongful Deathb. Survival Statute
3. Why are Statues of limitation passed?
Alternative Dispute Resolution
1. Define ADRa. Mediation-
b. Arbitration-
c. Conciliation-
d. Negotiation-
Civil Law Procedure
1. What are pleadings?
2. Name the two types of pleading. Identify who files each type of pleading.
3. Below are the steps of a civil case procedure. Put the below steps in order from 1 to 7.
With a 1 being the step that happens first, and a 7 being the step that happens last.
_____Plaintiff files a reply
_____Defendant files an answer
_____Clerk of Court Issues a summons
_____Plaintiff files a complaint
_____Complaint is filed with the clerk of the court
_____Answer is filed with the clerk of court
_____Process Server issues a summons
4. Identify the 5 Methods of Discovery
5. Only Criminal cases can have a jury.
a. True
b. False
Criminal Law
Steps in a Trial
Step 1: Selecting the Jury
1. Identify 2 reasons why a person may be dismissed from being a juror in a court case.
1.
2.
2 Challenges exist that allow lawyers to dismiss jurors from serving in a trial.
2. Identify the difference between peremptory challenge and challenge for a cause:
a. peremptory challenge-
b. challenge for a cause-
Step 2: Arguments and Evidence
3. After jury members are chosen, lawyers make __________________________________.
4. What do opening statements explain?
5. Who gives their opening statement first?
6. Why do defense lawyers cross-examine the plaintiff’s witnesses?
7. What are closing arguments?
Step 3: Instruction to the Jury
8. What is jury instruction?
Step 4: Verdict and Judgment
9. What is a verdict?
10. What does a judgment reveal?
Step 5: Remedies
11. What are the two types of remedies provided by the court?
Step 6: Execution Of Judgment
12. When is a judgment enforced?
Criminal Trial Procedure
1. When do criminal cases start?
2. What is due process of law?
3. Why does the law require a court hearing right away?
Rights of the Defendant
4. What do “Miranda” rights tell a person?
5. What rights are stated when a person is read their “Miranda” rights?
6. A police officer may arrest a person at any time if they have a ________________________.
7. When may a police officer search a person without a warrant?
8. Who determines bail for a person who has been arrested?
9. What is probable cause?
Grand Jury
10. What is an indictment?
Arraignment
11. What happens if a person pleads guilty?
12. What happens if a person pleads not guilty?
13. What is a plea agreement?
The Trial
14. The _______________ must be __________________ in a criminal court case.
15. When a jury cannot unanimously agree on a verdict it is called a ___________________ jury.
16. Who has the option of having a mistrial?
17. What happens if the defendant is found not guilty?
18. What happens if the defendant is found guilty?
19. What does the term “beyond all reasonable doubt” mean?
Sentencing
Fines-
Imprisonment-
Death Penalty-
3 Steps in a Juvenile Court
1. Detention Hearing-
2. Adjudicatory Hearing-
3. Disposition Hearing-