Courts - THE COURT SYSTEM 8/27/11 Click to edit Master...

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Click to edit Master subtitle style 8/27/11 THE COURT SYSTEM
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8/27/11 GOALS OF THE LECTURE THE STRUCTURE OF COURTS l State Court l Federal Courts THE PROCESS THE COURTROOM l The Actors: Judge, Prosecutor, Defense, Witnesses
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8/27/11 THE COURT SYSTEM IS COMPLEX AND EVER-GROWING INSTITUTION INTENDED TO PROVIDE JUST OUTCOMES OF CRIMINAL AND CIVIL CASES THROUGH A PROCESS OF EVALUATING THE FACTS OF A CASE.
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8/27/11 TYPES OF COURTS 1. STATE COURT SYSTEMS a) COURTS OF LIMITED JURISDICTION/LOWER OR INFERIOR COURTS – FOR EXAMPLE: Magistrate’s Court, Justice of the Peace Court, Municipal Court, and County Court Duties: JURISDICTION OVER MISDEMEANORS AND CONDUCTS PRELIMINARY INVESTIGATIONS INTO FELONY CHARGES
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8/27/11 State Court System b) COURTS OF GENERAL JURISDICTION/MAJOR TRIAL COURTS For example: Circuit Court, District Court, Superior Court HAS JURISDICTION OVER FELONY OFFENSES –SERIOUS CRIMES THAT CARRY A PENALTY OF INCARCERATION
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8/27/11 State Court System c) INTERMEDIATE APPELLATE COURTS – For example: Appeals Court, Superior court, and Court of Criminal Appeal ASKED TO EXAMINE WHETHER THE STATE OR FEDERAL CONSTITUTION WAS IMPROPERLY INTERPRETED DURING A CASE OR TO EVALUATE NEW EVIDENCE
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8/27/11 State Court System d) COURT OF LAST RESORT For example: Supreme Court and Supreme Court of Appeals
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8/27/11 State Court System e) SPECIALTY COURTS – SPECIFIC TYPES OF OFFENSE (DRUGS AND DOMESTIC VIOLENCE)
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8/27/11 TYPES OF COURTS 2. FEDERAL COURTS a) U.S. SUPREME COURT –APPELLATE WRIT OF CERTIORARI –an order by the court requesting judicial review or some actions
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8/27/11 l The U.S. Supreme Court decides which cases to review but must review these cases: The federal court finds an act of Congress unconstitutional The U.S. Court of Appeals find a state statute unconstitutional When a state’s highest court of appeal rules a federal law as invalid When a person challenges a state statute on the grounds for federal
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8/27/11 b) U.S. COURTS OF APPEALS (13 REGIONAL CIRCUIT COURTS) – APPELLATE CASES. BOTH CRIMINAL AND CIVIL Appealed from U.S. District Court and not the State Supreme Court
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8/27/11 Three situations where a case appealed bypass the district court and goes directly to the U.S. Supreme Court i. When the issues under review is considered very important and in need of immediate settlement ii. When a district court finds a federal statute unconstitutional iii. When the ruling that is appealed was decided by a special hearing of a three judge-district court
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c) U.S. DISTRICT COURTS (94 JUDICIAL DISTRICTS )–TRIALS a) Jurisdiction over cases such as bank robbery, civil rights abuses, mail fraud, counterfeiting, smuggling, kidnapping, etc. c)
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Courts - THE COURT SYSTEM 8/27/11 Click to edit Master...

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