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The Judicial System Interpreting the Law

This article provides an overview of the judicial system, covering the two types of courts (trial and appellate), their jurisdictions, the selection of judges, and the types of law seen in trial courts. It also discusses the classes of courts, settling disputes peacefully, and the role of mediators.

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The Judicial System Interpreting the Law

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  1. The Judicial SystemInterpreting the Law GA Studies

  2. Two Types of Courts • Trial Court: people’s actions are measured against the law • Two ways decision are made: • Jury trial • Judge decides • Appellate Court: looks over judgments made by trial courts • If a person thinks a mistake was made in their trial, they can appeal to an appellate court • Appellate court decides if a mistake was made • No jury trials

  3. Jurisdiction • Geographical area over which a court has authority • Kinds of cases a court can judge

  4. Selection of Judges • Three ways: • Partisan Election: person runs for judge as member of political party • Election can be at local, county, or state level • Nonpartisan Election: candidates are not associated with party • Election can be at local, county, or state level • Appointed by higher level judge

  5. Types of Law seen in Trial Courts • Civil Law: Person or group of people complains that someone has done them wrong. • Plaintiff: person who files complaint • Defendant: person accused doing something wrong • If the plaintiff is successful in the case, the defendant will usually have to pay monetary damages

  6. Types of Law seen in Trial Courts 2. Criminal Law: the government (local, state, or national) claims a person has committed a crime • Prosecutor: government • Defendant: person accused of crime • If found government can successfully prosecute the case, person will be found guilty and punished • Punishment can be fine, jail, or both

  7. Classes of Courts • Appellate Courts: Judges chosen by people in state-level nonpartisan elections • Supreme Court (highest) • Court of Appeals (handles appeals from superior, state, and juvenile court cases)

  8. Classes of Courts • Trial Courts: (how judges are chosen listed with each) • Superior Courts (civil, misdemeanor, & felony cases) – Jury Trials- Nonpartisan election (circuit) • State Courts (misdemeanor, civil, & traffic violations) – Jury Trials- Nonpartisan election (county) • Probate Courts (handle wills, inheritances, marriage & farm licenses) – Jury Trials in small counties – Partisan elections (county) • Magistrate Courts (arrest & search warrants, small civil cases) – No Jury Trials- Nonpartisan elections • Juvenile Courts (juvenile cases) – No Jury Trials – Judges appointed by Superior Court Judges

  9. Settling Disputes Peacefully • Often cases can be settled out of court without a judge or attorney, but with the use of a mediator (third party with no interest in the problem) • A mediator helps both sides reach a compromise by using problem solving and communication skills to come to an agreement • It is important to realize that words can often solve a problem (without force or weapons)

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