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CHAPTER TEN

CHAPTER TEN. COURTS OF GENERAL TRIAL JURISDICTION. Introduction. Most trial work is handled by courts of original jurisdiction May have limited or general jurisdiction May be unified or specialized May handle cases at law or equity May be state or locally funded

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CHAPTER TEN

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  1. CHAPTER TEN COURTS OF GENERAL TRIAL JURISDICTION

  2. Introduction • Most trial work is handled by courts of original jurisdiction • May have limited or general jurisdiction • May be unified or specialized • May handle cases at law or equity • May be state or locally funded • Most judges are licensed attorneys

  3. Creation of State Courts • State court variation • Time that state entered the Union • Political culture • Local legal culture • State traditions

  4. State Court Jurisdiction • Defined by state constitutions • Authority to define jurisdiction is delegated to legislature • Varies among the states • May be divided at various levels

  5. Wedding Cake Model • Level I • Celebrated cases • Public eye, media coverage • Level II • Most serious felonies • High percentage go to trial • Defendants face long sentences • Level III • Less serious felonies • Property, drug, and vice offenses • Large amount of plea bargaining • Level IV • Misdemeanor cases • Vast majority of cases • Often processed by courts of limited jurisdiction

  6. Courts of Original Jurisdiction • Trial Courts • Place where cases are originally heard and recorded • Hear evidence • Decide who wins and loses the case • Determine guilt or innocence • Determine remedies and sentences

  7. Courts of General Trial Jurisdiction • Authorized to try any state crime • Distinguishing factors • Fewer cases than courts of limited jurisdiction • Courts of full record • Presence of attorneys • Presence of juries • Dignified physical appearance • Judges are trained attorneys

  8. Civil Cases • Majority of state cases • Financial motivation for case filing • Number of cases has decreased • Types of civil cases • Breach of contract • Tort claims • Domestic relations issues

  9. Breach of Contract • Court protection of economic interests • One-third of civil cases • Buyers and sellers as plaintiffs

  10. Tort Claims • Private or civil wrong or injury • Court can provide damages as relief • Most common type of civil trial • Types of tort cases • Automobile accidents • Professional malpractice • Premises liability • Conversion • Product liability • Slander or libel • Animal attack • False arrest/imprisonment

  11. Domestic Relations Issues • Center around families and marriages • Types of cases • Divorces • Annulments • Disposition of wills • Inheritance • Paternity • Child custody

  12. Civil Case Features • No constitutional right to counsel • Attorneys may accept cases on a contingency fee • No speedy trial provision • Cases may take a number of years to resolve • Concern with the use of delay as a settlement strategy • May be difficult to resolve • Complex issues • Human emotions

  13. Criminal Cases • Trends • Growth in number of felony cases • Decrease in property crimes • Increase in felony drug convictions • Decrease in violent offenses and weapons offenses • Felony cases take more time and personnel • Plea bargaining • 80-90% of felony cases result in guilty pleas • Majority of felony cases are not resolved through disputed trials

  14. Federal District Courts • Established by Article III, Section 1 of the U.S. Constitution • Established U.S. Supreme Court • Allows Congress to determine the number, types, and jurisdiction of other federal courts • Types of Courts • Constitutional Courts • Created by Article III • Have only judicial powers • Legislative Courts • Created by Article I • May exercise judicial, legislative, and administrative powers

  15. Judiciary Act of 1789 • Allowed for creation of lower federal courts • Created Circuit Courts of Appeals • Established the size of the U.S. Supreme Court • Appointment of U.S. Marshals, Attorneys, and Attorney General • District and circuit courts given limited jurisdiction • District and circuit court boundaries cannot cross a state line • Judges are chosen from the district or circuit in which they reside

  16. District Court Jurisdiction • Admiralty • Diversity of Citizenship • U.S. Government as a Party • Federal Crimes • Limitations • May only hear cases and controversies • Jurisdiction may be changed by court interpretations and Congressional enactments

  17. Federal Court Structure • U.S. Supreme Court • U.S. Court of Appeals for the Armed Forces • 13 U.S. Courts of Appeals • 94 district courts and specialized courts • Federal courts of first instance • Most federal cases do not progress beyond this stage • Criminal and civil jurisdiction

  18. Workload of the Federal District Courts • Most cases are heard by one judge • Jury trial • Overall trends • Upward numbers of civil and criminal cases filed • Increase in civil case filings in federal district court • Four times the volume of civil cases over criminal cases

  19. Civil Rights Cases • Employment discrimination • Housing and accommodations • Welfare rights and benefits • Voting rights

  20. Criminal Cases • Handled by the U.S. Attorneys • Decrease in violent offenses • Increase in property offenses • Decrease in drug offenses • Decrease in firearms and explosives • Increase in sex offenses • Increase in immigration offenses

  21. Speedy Trial Act of 1974 • Federal authorities have 30 days from arrest to file an information or bring an indictment • Case must be tried or charges dismissed within 70 days • Some extensions may be allowed • All states now have speedy trial provisions

  22. Bankruptcy Cases • 43% increase from 1993 to 1997 • Reached 1 million mark for the first time in 1996 • 96% were personal bankruptcies • Connected to the availability of consumer credit • Contribution of housing market crash in 2008

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