3-3
State Court Systems
 GOALS
 Compare the structure of a typical state court
system with the structure of the federal courts
 Explain the jurisdictions of the specialized courts
in a typical state system
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SLIDE 1
A TYPICAL STATE COURT
SYSTEM
 State trial courts
 State courts of appeals
 State supreme courts
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SLIDE 2
A TYPICAL STATE COURT SYSTEM
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SLIDE 3
CHECKPOINT

 What does a typical state court system have
in common with the federal court system?
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SLIDE 4
STATE COURTS WITH
SPECIALIZED JURISDICTIONS





Associate circuit courts
City or municipal courts
Small claims courts
Juvenile courts
Probate courts
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SLIDE 5
State Courts
Circuit Courts or Superior Courts (depends on state for
terminology)
• general jurisdiction over both civil and criminal matters
• court of record keeps an exact account of trial
• determines facts of case either by using a jury or if there
is no jury the judge will make this determination
• appeals will depend on this record
• review decisions of more specialized courts
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State Courts
Circuit Courts or Superior, cont.
• county, district, or municipal – term will depend on the state
specialized ie: family, traffic, criminal, probate, and small
claims
• Probate involves wills and claims against estates of
deceased persons
• may be able to appeal to intermediate court of appeals or
directly to state supreme court
• If it only involves state law then it will end at the state
level
• If the issue involves federal law or the federal
constitution then it could go to the federal Supreme
Court
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CHECKPOINT

 Name the typical state courts that have
specialized jurisdiction.
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SLIDE 8
Tribal Courts
• no longer possess complete authority over
their reservations
• retain inherent powers
• regulate family relationships
• tribal membership
• law and order on the reservation
• delegated powers – given for certain area, ie:
environment
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SLIDE 9
Tribal Courts
• very complicated system, both federal and
tribal laws determine the jurisdiction of tribal
courts
• tribal authority does not include the right to
prosecute non-Native Americans for crimes
committed on the reservation
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SLIDE 10
International Courts
• set up by the United Nations and other organizations
• International Court of Justice
• located at The Hague in the Netherlands
• any dispute based on international law that is submitted
• Tribunals, works with crimes against humanity, genocide, war
crimes, and crimes of aggression
• U.S. opposed the creation of the International Court of Justice
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SLIDE 11
Juvenile Justice System
 Three General Groups:
1. Delinquent Offenders
- youths who have committed acts that would be crimes if
committed by adults
2. Status Offenders
- youths who have committed acts that would not be crimes if
committed by adults, ie: running away, skipping school, curfew
violations, underage drinking
- considered to be unruly and beyond control of parents/legal
guardians
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SLIDE 12
Juvenile Justice System
3. Neglected and Abused Children
• court protects these children from their parent/guardian.
• when a parent/guardian is charged with failing to provide
adequate food, clothing, shelter, or medical care
• when a child has been sexually, physically, or emotionally
abused
• judge decides whether the child needs the protection of the
court, should they remain with the family or be moved into a
relatives or foster care home, go to counseling and/or treatment
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SLIDE 13
Juvenile Justice System

Parental Responsibility Laws
•
holding parents responsible for crimes committed by their
children
believe parents know or should know what their children are
doing, especially in certain appropriate cases, ie: drug dealing,
gang activities
charged with contributing to the delinquency of a
minor
•
•

Laws for all 50 states
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SLIDE 14
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Juvenile Justice System
 3 Ways to Try Juveniles as Adults
There are three common ways in which to transfer a case from
juvenile court to the adult system and try the juvenile as an
adult. These are:
1. Judicial Waiver - some states give juvenile court judges the
power to have a juvenile's case tried in adult criminal court
2. Direct File - sometimes called "Prosecutorial Discretion" some states give prosecutors the power to decide whether or
not a juvenile will be tried as an adult
3. Statutory Exclusion - some states have laws that require a
youth's case to be tried in adult court - these laws usually base
this automatic transfer on the youth's age, the seriousness or
type of crime, and the juvenile's prior record
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SLIDE 16
Juvenile Justice System
 Types of Juvenile Hearings
•
•
•
•
Initial Hearing - state must generally prove two things: an
offense was committed and reasonable cause to believe the
accused did it
Preventive Hearing – hearing about whether to detain minors
serves a legitimate purpose in protecting the community and
themselves from future crimes committed by that juvenile
Adjudicatory Hearing - determines the facts of a case
Dispositional Hearing - hearing where judge decides the
sentence.
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SLIDE 17
Misc., cont.
 Precedent
•
•
•
•
Written opinion or ruling
lower courts in area where decision was made must follow the
precedent
higher court has power to reverse or change the precedent
no power over courts in another jurisdiction or state can
disagree with the precedent
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SLIDE 18
Misc., cont.
 Dissenting
•
Written opinion from judges who do not agree with the courts
decision
•
•
•
opinion of the minority of the judges
states reasons for disagreeing
may become basis of future majority opinions
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SLIDE 19
Misc.
 Concurring Opinion
• Judges who agree with the courts decision but for
different reasons that those used to support the
majority opinion.
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SLIDE 20
PREVENT
LEGAL
DIFFICULTIES
 Be prepared . . .
 To avoid expensive litigation should a dispute
develop, when you enter a contract include a
provision requiring the use of a mediator or an
arbitrator.
 To be sure of the rules and costs of any litigation
that might develop under a legal document you
sign, specify the jurisdiction in which such
disputes must be resolved.
Continued on the next slide
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SLIDE 21
PREVENT
LEGAL
DIFFICULTIES
 Know the facts about your state’s juvenile court
system especially with respect to ages, rights,
and sentencing options.
 Have your parents see an attorney to make out a
will and utilize other methods to avoid the
expenses of probate.
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SLIDE 22