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The Court System

The Court System. Chapter 3. Court Systems. Purpose : Solving legal disputes and upholding legal rights. The Court System. Goal To provide reasonable consistency and neutrality to eliminate bias Court place where facts are determined and rules applied Litigation

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The Court System

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  1. The Court System Chapter 3

  2. Court Systems • Purpose: Solving legal disputes and upholding legal rights

  3. The Court System • Goal • To provide reasonable consistency and neutrality to eliminate bias • Court • place where facts are determined and rules applied • Litigation • Actual lawsuits; take dispute to court and going through the legal procedures. • Some cases do get settled out of court

  4. Jurisdiction • Jurisdiction: authority to decide certain types of cases • original: hears cases for the first time • general: hears all types of cases • limited(exclusive): one particular type of case (divorce, juvenile, traffic) • appellate: cases on appeal • Always limited by geographic location (if you get a ticket in Wisconsin, your court date will be in Wisconsin) • Venue– the proper place to bring a lawsuit – venue has been changed in cases due to bias - JOHN WAYNE GACY

  5. State - Court Systems • Trial Courts- determine facts of disputes hear evidence for the first time. • Hears witnesses testify & reviews other evidence to determine facts of the case • Original Jurisdiction, entry level court • Can have general or limited subject matter jurisdiction • Judges, lawyers, clerks, bailiffs (keep peace & summon witnesses) Marshals do the same in federal courts

  6. State - Court Systems • Appellate Courts – review decisions of lower courts; review transcripts • transcriptsare verbatim records of what went on in the trial – ct. reporter • do not hear new evidence or make new determination of facts • was the law correctly applied in the lower courts? • Prepare Appellate Briefs – written arguments on the issues of law

  7. State- Court Systems • State Supreme Court – determines the outcome of any issue disputed within the state’s border • No appeal from here unless: • Matter of national interest • Constitutional issue • Tinker vs. Des Moines

  8. Federal Court System • US District Court • US Court of Appeals • US Supreme Court • Supreme Court Justice are appointed by the President and have no term limit • i.e., Justice Sonia Sotomayor was appointed by President Obama this summer and confirmed by the Senate

  9. Federal Court System U.S. Supreme Court 13 U.S. Courts of Appeals State Supreme Courts U.S. District Courts Specialized Federal Courts Many Federal Agencies

  10. U.S. District Courts • Original jurisdiction • Geographic jurisdiction

  11. U.S. Court of Appeals • decision is usually final • appeal is usually from the US District Courts

  12. U.S. Supreme Court • Usually only hears Constitutional issues “significantly important”; • Has appellate jurisdiction • Ability to review and change outcomes of lower courts • “write of certiorari” orders the state ct. to overturn the record of the case to the SC for review

  13. Jury Selection • Jury selection (voir dire) - questioning of prospective jurors to expose possible bias • People involved in the process include a judge, defense's attorneys, plaintiff's/prosecuting attorneys • Reason for jury selection is to determine if a potential juror's experience makes him or her unable to be fair during a trial

  14. Jury Selection Continued • Challenges for Cause - no limit for excusing juror FOR CAUSE • Preemptory Challenge - excuse potential juror for no reason. There is a limit on this: • 6 in Civil cases • 8 in Criminal cases • To be exempt from jury duty: • non-citizen, minor, convicted criminal, lived in state less than 1 year, or cannot read/write English • can be temporarily excused  • Judge determines questions of law • Jury determines questions of fact

  15. Filing a Lawsuit – The Pleadings • The Pleadings (beginning process before a trial date is set) • Complaint- file a complaint with the proper court.  States the charges being made and outlines the facts supporting the lawsuit. • Summons - defendant is served.  Defendant is notified of lawsuit and this notice is delivered directly to the defendant by a process server. • Answer - defendant must file a written answer.  Defendant may not admit/deny plaintiff's charges.  This leaves the "burden of proof" with the plaintiff. • Reply- plaintiff must submit a reply.  This is also called the "pre-trial hearing" or "discover"

  16. The Pleadings Continued • Purpose of The Pleadings: • inform the parties of claims against them • narrows down the points of dispute (issues) of the parties

  17. Other Terms • Judgment by default - when the plaintiff does not show up to court • Out of Court Settlement (usually at Discovery) - saves time and expense of a trial • mediator- a third party brought in to find a fair solution, finds voluntarily agreement on both sides • arbitrator - same function as a mediator BUT both sides MUST agree, decision can be legally forced • Subpoena- must appear in court to testify

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