The Court System

1. The Court System Overview, Part 1

2. Court Jurisdiction The Power of a Court to Hear a Case in Question

3. Three Types of Court Jurisdiction • Geographical Jurisdiction • Subject Matter Jurisdiction • Hierarchical Jurisdiction

4. Geographical Jurisdiction • Courts are Authorized to hear and Try Cases within a Specific Geographical Boundary • A California Court would Unlikely be Able to try an Oregon Burglary Case • A Crime Committed in Salinas Would be Tried in Monterey County

5. Extradition The Surrender by a State, Country or County of a Person to the Place Where they are Accused of the Crime

6. Subject Matter Jurisdiction • Trial Courts of “Limited Jurisdiction” can only hear a category of cases • Trial Courts of “General Jurisdiction” hear all other types of Cases that “Limited Jurisdiction” Courts do not

7. Hierarchical Jurisdiction Refers to Differences in the Courts Functions and Responsibilities

8. Hierarchical Jurisdiction • Original Jurisdiction • The Court Has the Authority to Try a Case and Decide it • Appellate Jurisdiction • The Court Has the Power to Review Cases that Other Courts Have Already Decided

9. California Court System • State Supreme Court • District Court of Appeals • Superior Court • Municipal Court • Justice Courts

10. Municipal Courts Currently being phased out in California Jurisdiction in Certain Civil Cases

11. Municipal Courts Has Three Duties • Trial Court in Misdemeanor Cases • Arraignments in Felony Cases • Preliminary Hearings

12. Justice Courts • These Courts are Being Phased Out • Original Trial Jurisdiction over Misdemeanors and Infractions • Conducts Arraignments and Preliminary Hearings in Felony Cases • Serves Populations 40,000 and less

13. Superior Courts • Unlimited Trial Jurisdiction (Except by Statute) • All Felony, Juvenile, and Appeals from Municipal and justice Courts • One Superior Court in Each of California's 58 Counties

14. California Appellate Courts • Courts of Appeal • Appellate Jurisdiction over all Superior Court Decisions EXCEPT Capitol Cases • State Supreme Court • Statewide Appellate Authority • Death Penalty “Automatic Appeals” • Discretionary Appellate Jurisdiction

15. Definitions

16. The Accused Meets The Gatekeepers • A Crime Is Committed • An Accused is Arrested • Initial Appearance

17. Initial Appearance • Occurs Soon After the Arrest • Warrant less Arrests • Arrest Warrant • Bail • In California, this appearance is an Arraignment

18. Preliminary Hearings • Screen Felonies before they go to Trial • The Most Important Question: • IS THERE ENOUGH EVIDENCE FOR A TRIAL?

19. Arraignment • Defendant is Informed of His Charges • Advises defendants of their Legal Rights • Asks Defendants for their Pleas • Defendant can: • Make Bail • Remain Silent • Be Released on own Recognizance

20. Arraignment • The Judge Advises the Rights • Adversaries are Not Completely Familiar with the Case at this Time • If this is a Misdemeanor, the next step is trial

21. Who has the Burden of Proof at a Preliminary Hearing?

22. The District Attorney

23. Plea Bargain • An Agreement • Requires the Defendant to Accept a Guilty Plea • Likelihood, Not a Constitutional Requirement that there will be a Lesser Sentence

24. A Plea Bargain Can Take Place at Almost any Point in the Judicial Process

25. The Trial • Constitutionally Guaranteed Right to: • Face the Accuser • Have Evidence Presented Before an Impartial Jury • Have Innocence or Guilt Determined Based on the Evidence Presented