Section 2.1 A Dual Court System
1.
2.
3.
4.
5.
BELL QUIZ ON CHAPTER 1
What is the heart of the Golden Rule.
Name one of the Ethical Character Traits.
Which amendments contains the “Bill of
Rights?”
What does Stare Decisis mean?
What happens if a law conflicts with the
constitution?
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
ANSWERS TO BELL QUIZ CHAPTER 1
1. Empathy
2. Honesty, Justice, Compassion, Integrity
3. The first 10
4. Stare Decisis means to let the decision stand.
- Precedent.
5. It is deemed unconstitutional and invalid.
Understanding Business and Personal Law
The Court System
Chapter
2
SECTION OPENER / CLOSER:
INSERT BOOK COVER ART
Section 2.1
A Dual Court System
Section
2.1
A Dual
Court
System
The
Court
System
Chapter 2
Section 2.1
A Dual Court System
Section 2.2
Trial Procedures
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Why It’s Important
Learning the structure of the court systems
in the United States will help you
understand how the legal system works.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Federal courts hear cases involving
federal matters
matters involving diversity of
citizenship
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Jurisdiction is the power and
authority given to a court to hear a
case and to make a judgment.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Federal courts have jurisdiction over:
actions in which the United States
or one state is a party, except those
actions between a state and its
citizens
cases that raise a federal question,
such as interpreting the Constitution
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Federal courts have jurisdiction over:
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
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Federal courts have jurisdiction over:
patent and copyright cases
bankruptcy cases
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Federal Court System
Federal courts are arranged in three
steps, or tiers:
U.S district courts
U.S. courts of appeals
the Supreme Court
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
District Courts
District courts have original
jurisdiction over most federal court
cases.
Original jurisdiction means trying
a case the first time it is heard.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Courts of Appeals
The U.S. courts of appeals are also
called appellate courts.
They are intermediate courts,
courts between lower courts and the
highest court.
They hear appeals and review
cases from lower courts.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Courts of Appeals
They have appellate jurisdiction,
meaning that any party to a suit
decided in a federal district court may
appeal to the federal court of appeals
in the circuit where the case was tried.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Special U.S. Courts
Congress has established several
special federal courts that have
jurisdiction in cases, including:
suits brought by citizens against the
federal government
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Special U.S. Courts
disagreements over taxes on
imported goods
disputes between taxpayers and the
Internal Revenue Service
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Supreme Court
is the highest court in the land
has original jurisdiction in all cases
involving ambassadors, consuls,
other public ministers, and cases in
which a state is a party
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Supreme Court
must hear all cases that involve the
constitutionality of the federal law
also decides which additional cases
it will hear from the U.S. courts of
appeals or the state supreme courts
(by a vote of at least 4 out of 9
justices)
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
What does jurisdiction mean?
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
ANSWER
The power and authority given to a
court to hear a case and to make a
judgment.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Pre-Learning Question
Do all states have the same court
system?
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
State Court Systems
Each state has its own court system.
However, the general pattern is the
same in all states.
local trial courts
general trial courts
special courts
intermediate appellate courts
supreme courts
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Local Trial Courts
Local courts are courts of limited
jurisdiction.
Limited jurisdiction means they
handle minor matters, such as
misdemeanors and civil actions
involving small amounts of money.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
General Trial Courts
Each county in most states has at
least one general trial court.
It has general jurisdiction.
All cases involving major crimes
and large amounts of money must
begin in one of these courts.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Special Courts
Courts have been established in many
states to handle specialized cases.
Domestic relations courts handle
divorce, annulment, and dissolution
proceedings.
Juvenile courts have jurisdiction
over delinquent, unruly, abused, or
neglected children.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
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.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
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.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Supreme Courts
The highest court in most states is
known as the supreme court.
Typically these courts decide
matters of law appealed from lower
courts.
Understanding Business and Personal Law
The Court System
2.1
Section
2.1 A Dual Court System
Court Systems in the United States
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts
State Supreme Courts
Appellate Courts
General Trial Courts
End of Section 2.1
Understanding Business and Personal Law
Lower Trial Courts
The Court System
Chapter
2
SECTION OPENER / CLOSER:
INSERT BOOK COVER ART
Section 2.2
Trial
Procedures
A Dual
Court
System
Section 2.1 A Dual Court System
Why It’s Important
Learning the alternative to litigation will help
you handle disputes that arise.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Civil Trial Procedures
Civil and criminal trials begin
differently.
The government brings criminal
cases for offenses committed
against the public at large.
In contrast, individuals who believe
they have been injured initiate civil
cases.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Civil Trial Procedures
When someone brings a civil case
to an attorney, the lawyer
investigates the case, which can be
expensive.
As a result, people have begun to
explore alternatives to lawsuits.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Alternative Dispute Resolution
occurs when parties try to resolve
disagreements by using creative
settlement techniques
can be classified as reactive
methods and proactive methods.
Page 35 – Figure 2.2
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Pleadings
Civil trials begin with pleadings, the
formal papers filed with the court by
the plaintiff and defendant.
Plaintiff – the party that accuses a
person of a crime
Defendant – the person accused of a
crime
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Pleadings
These papers express the plaintiff’s
allegations, or claims, in the form of a
complaint.
The defendant’s response to those
allegations is known as the answer.
Page 37-38: Figure 2.3 and 2.4
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Pretrial Hearing
A pretrial hearing is an informal
meeting before a judge.
It is intended to simplify the issues
and discuss matters that might help
dispose of the case (settling out of
court).
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Steps in a Jury Trial
selecting the jury
opening statements
introduction of evidence
closing arguments
instructions to the jury
verdict and judgment
Let’s look at each step Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Selecting the Jury
The jury is selected from a pool of
citizens who have been called to
serve.
The lawyers question each juror
selected from the pool trying to predict
whether a juror will be fair or
prejudiced.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Opening Statements
In their opening statements, attorneys
for each side explain what they intend
to prove. The plaintiff’s attorney goes
first.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Introduction of Evidence
The plaintiff’s attorney presents all of
the plaintiff’s evidence. Types of
evidence include
documentary items, such as
contracts or affidavits (sworn
statements)
physical objects, such as weapons
witness testimony
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Introduction of Evidence
The defense attorney has the chance
to cross-examine the plaintiff’s
witnesses.
When the plaintiff’s attorney rests, the
defendant’s attorney presents
evidence favorable to his or her client.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Closing Arguments
Each attorney summarizes the
evidence and suggests reasons why
the judge or jury should find in favor of
his or her client.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Instructions to the Jury
The judge must explain the law to the
jury in a process called jury
instruction.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Verdict and Judgment
The members of jury go to the jury
room to deliberate upon their verdict,
or decision.
Following the verdict, the court issues
a judgment, the court’s determination
or decision in the case.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Remedies
Generally there are two categories of
remedies:
the payment of damages, or
an equitable remedy, which asks the
court to do what is fair and just
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Remedies
Specific performance is a remedy in
which the plaintiff requests that the
defendant do what he or she promised
in a contract.
Injunction is an order by the court to
stop the defendant from performing an
action.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Execution of Judgment
• A judgment is enforced by the issuance of
an execution by the court.
– The judge might order the sheriff to take
property belonging to person who lost the
case; sell it, and give proceeds to person who
won the case.
– May order the sheriff to remove a person or
property to another location.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
What is the purpose of a pretrial
hearing?
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
ANSWER
It is intended to simplify the issues
and discuss matter that might help
dispose of the case.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Pre-Learning Question
How do you think a criminal trial
proceeds?
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Criminal Trial Procedure
The criminal trial procedure follows
these steps:
arrest of the defendant
the arraignment
the trial
sentencing
Let’s look at each step:
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Arrest of the Defendant
An arrest occurs when a person is
deprived of his or her freedom.
Arrested people must be informed
for their constitutional rights.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Rights of the Defendant
to be told what crimes they are
being arrested for and the names of
the police officers making the arrest
to make a telephone call
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Rights of the Defendant
to possibly be released on bail
(money or other property that is left
with the court to assure that the
person arrested, but released, will
return to trial).
to remain silent
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Rights of the Defendant
to talk to an attorney and have an
attorney present during questioning
to have a fair trial
to be presumed innocent until
proven guilty
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Search and Seizure
• As a class, read pages 43-45.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Arraignment
If members of a grand jury decide a
crime has been committed, they issue
an indictment.
An indictment is a written accusation
charging the individual.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Arraignment
Following the indictment, the accused
is brought to court for arraignment.
At the arraignment, the indictment is
read to the suspect, and the suspect
is asked to plead guilty or not guilty.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Trial
If the defendant requests a jury trial:
jurors are selected
attorneys make opening
statements, introduce evidence
attorneys make closing statements
jury receives instructions,
announces decision
if guilty, judge imposes sentence
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
The Trial
If the defendant does not request a
jury trial, the case is tried before the
judge, who decides the verdict.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Sentencing
After a person has been convicted of
a crime, he or she is sentenced by the
court. Penalties include:
fines
imprisonment
the death penalty
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Disposition of Juvenile Cases
Cases involving juvenile offenders
are handled by the juvenile court.
The juvenile court system is
designed so that each case and
special circumstances are
considered individually.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
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.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Disposition of Juvenile Cases
The judge might dismiss the
charges because of special
circumstances.
If the charges are not dismissed,
the judge conducts an adjudicatory
hearing—an informal, actual
hearing of the case by the court.
Understanding Business and Personal Law
The Court System
Section 2.1 A Dual Court System
Disposition of Juvenile Cases
To settle juvenile cases, the judge
may:
1. allow the offender to return home on
probation
2. place the offender in an agency or
foster home
3. commit the offender to a training or
reform school.
Understanding Business and Personal Law
The Court System