Chapter 3-3 State Court Systems

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Chapter 3-3
State Court Systems
Pages 55-59
A Typical State Court System
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Resembles federal system
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State legislature– makes the laws
State executive – enforces the laws
State Judicial – vehicle to enforce the laws
See chart on page 56
State Trial Courts
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Circuit courts/superior courts– courts
with general original jurisdiction over both
criminal and civil matters
Court of record – keeps an exact account
of what goes on at trial
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Transcript
Evidence
Statements
Determinations & judgments of the court
State Trial Courts…continued
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State trial courts review decisions of
small claims courts
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They retry cases to make a proper record
for the purpose of appeals
Jury present
Judge determines fact if no jury
Verdict issued (guilty or not guilty)
State Courts of Appeals
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Appeal is reviewed by a panel of judges
No more than 3 judges
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Looks at transcripts
Appellate brifs
Oral arguments by attorneys
No new evidence
Judges check to confirm proper law used
State Courts of
Appeals…continued
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Decisions
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Upheld – same verdict
Revised – incorrect law was used so
appeals judges reach a new result
New trial – use of incorrect law interfered
with proper determination of facts
State Supreme Courts
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Most cases…Entitled to a trial and one appeal, filed
in timely manner with proper form
At intermediate level, only cases involving complex
legal issues are taken to justices
Jurisdication…
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Justices – title given to judges who sit
on state supreme courts and the federal
Supreme Court
If case involves U.S. Constitution or
federal question, then it is appealed to
the U.S. Supreme Court
State Supreme Court has original
jurisdiction over most state
impeachment cases
Specialized Jurisdiction
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Associate circuit (county courts),
municipal, small claims, juvenile, and
probate court
Associate Circuit Courts
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Lower courts
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Minor criminal cases
State traffic offenses
Lawsuits in small amounts (< $25,000)
City or municipal courts
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Usually divided into traffic and criminal
division
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Handles city ordinances
Violations are not considered criminal laws
Small Claims Courts
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Courts that handle disputes with small
amounts $2,500 or less
Attorney generally are not required
Judge hears the dispute
Cases can be appealed to state trial
court
Juvenile courts
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Over 13 years old and under 18 years
old – referred to as juveniles
See page 58
Juveniles should be rehabilitated, not
responsible at an adult level…usually
Juvenile courts
Probate Court
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Courts that administer wills and
estates to divide property and other
interests after a person dies
Textbook Questions
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Page 59
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Page 60
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Think about Legal Concepts – 1-5
Think Critically about Evidence – 6-10
Vocab – 1-10
Page 61
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Review Legal Concepts – 11-14
Think Critically About Evidence – 19-24
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