The Court System and Legal Rights

1. The Court System and Legal Rights CHAPTER ONE

2. I. Introduction • A. The United States is a nation governed by laws. 1. This promotes civility and precludes private retribution. 2. The law functions to heal society. • B. The criminal justice system has the complicated task of dispensing justice to the victim as well as the offender. 1. The primary objective is to protect the rights of the victim. 2. The court system assumes that the defendant is innocent until proven guilty. 3. The presiding court must have proper venue. 4. The court ensures justice is served by providing for an appeal if there was a procedural error. Langsam, Brooks & Anderson (2007)

3. I. Introduction • C. The Duality of the United States Court System (Bifurcated System). 1. There are both feral and state courts. 2. A case may be tried under state or federal statutes if the act constitutes a crime under both jurisdictions. 3. However, because law and order are primarily a local function most criminal cases are tried in the state courts. Langsam, Brooks & Anderson (2007)

4. I. Introduction • D. This chapter is divided into several sections. 1. Part one examines the dual nature of the court system. 2. Part two looks at the trial and appellate process. 3. Part three focuses on the territorial effect of judicial decisions. 4. Part four explains the doctrine of stare decisis 5. Part five addresses the exclusivity of federal and state jurisdictions 6. Part six presents the distinction between jurisdiction and venue. 7. Part seven covers the juridical origins of rights. 8. Part eight explains the incorporation doctrine. Langsam, Brooks & Anderson (2007)

5. II. The United States Dual Court System • A. Duality of the court system. 1. State crimes are crimes prohibited at the state and local levels 2. Federal crimes are proscribed by Congress 3. Certain acts are both federal and state crimes and can be tried at both the state and local levels. a. This does not constitute double jeopardy because the defendant is not being tried by a single sovereign twice. • B. The federal level 1. The federal system consists of the United States Supreme Court, the United States courts of appeals, and the U.S. district courts. Langsam, Brooks & Anderson (2007)

6. II. The United States Dual Court System • C. The state level 1. States usually have one state supreme court, which renders final decisions involving the laws of the state and its constitution a. Texas and Oklahoma vary from this model in that they both have a final court of last resort for both criminal and civil matters 2. States usually have intermediate appellate courts. a. This is not a rigid stipulation. Thirty-five of the fifty states have such courts. b. In states with no intermediate appellate courts, cases on appeal go directly from the trial courts having venue to the state’s supreme court. Langsam, Brooks & Anderson (2007)

7. II. The United States Dual Court System • C. The state level 3. Below the intermediate appellate courts, states have trial courts of general jurisdiction. a. these include such diverse entities as circuit courts, district courts, and courts of common pleas. 4. At the bottom of the state judicial structure are the courts of limited jurisdiction. a. Their jurisdiction is limited. b. Legally, they can hear only specific types of cases. For example, minor civil matters and crimes described as misdemeanors. c. They are known by such names as magistrate courts, police courts, justices of the peace courts, and municipal courts. Langsam, Brooks & Anderson (2007)

8. II. The United States Dual Court System • C. The state level 5. The United States Supreme Court a. In the federal system, the Supreme Court is the highest court in the land. b. Its constitutional importance is articulated by Article III of the United States Constitution. c. The Court is composed of a chief justice and eight associate justices. d. The justices are appointed by the president with the “advice and consent” of the senate. Langsam, Brooks & Anderson (2007)

9. II. The United States Dual Court System • C. The state level 5. The United States Supreme Court e. The justices enjoy life tenure and can only be removed by impeachment. f. The Court is the final appellate court in the land. g. Its basic function is to interpret federal laws and the U.S. Constitution. h. Below the U.S. Supreme Court, at the intermediate level, are the U.S. courts of appeals. i. Below the intermediate level are the U.S. District courts which are located in ninety-four judicial districts. There are approximately 646 judges. These courts have limited jurisdiction and were designed to relieve the heavy judicial workload. They try minor cases punishable by one year or less. Langsam, Brooks & Anderson (2007)

10. III. The Trial and Appellate Processes Distinguished • A. The U. S. makes a clear distinction between the trial process and the appellate process. 1. The trial courts try the facts of the case, arrive at certain findings of fact, and reach conclusions based on these findings. 2. As a result, the defendant is either convicted or acquitted. • B. The appellate process 1. In this phase of the trial, an aggrieved party in a trial court can appeal his or her conviction. 2. This is the last phase of the trial process. 3. The appellate process involves both a determination and remediation of errors of law that may have taken place during the trial phase or sentencing phase. 4. The appellate court has three options. It may either affirm, reverse, or reverse and remand. Langsam, Brooks & Anderson (2007)

11. The full set of PowerPoint slides is available upon adoption.Email bhall@cap-press.comfor more information.