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3-3 State Court Systems

3-3 State Court Systems. GOALS Compare the structure of a typical state court system with the structure of the federal courts Explain the jurisdictions of the specialized courts in a typical state system. A TYPICAL STATE COURT SYSTEM. State trial courts State courts of appeals

malcolm-reynolds
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3-3 State Court Systems

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  1. 3-3 State Court Systems • GOALS • Compare the structure of a typical state court system with the structure of the federal courts • Explain the jurisdictions of the specialized courts in a typical state system Chapter 3

  2. A TYPICAL STATE COURT SYSTEM • State trial courts • State courts of appeals • State supreme courts Chapter 3

  3. A TYPICAL STATE COURT SYSTEM Chapter 3

  4. CHECKPOINT    • What does a typical state court system have in common with the federal court system? Chapter 3

  5. STATE COURTS WITH SPECIALIZED JURISDICTIONS • Associate circuit courts • City or municipal courts • Small claims courts • Juvenile courts • Probate courts Chapter 3

  6. StateCourts • Circuit Courts or Superior Courts (depends on state for terminology) • general jurisdiction over both civil and criminal matters • court of record keeps an exact account of trial • determines facts of case either by using a jury or if there is no jury the judge will make this determination • appeals will depend on this record • review decisions of more specialized courts

  7. StateCourts • Circuit Courts or Superior, cont. • county, district, or municipal – term will depend on the statespecialized ie: family, traffic, criminal, probate, and small claims • Probate involves wills and claims against estates of deceased persons • may be able to appeal to intermediate court of appeals or directly to state supreme court • If it only involves state law then it will end at the state level • If the issue involves federal law or the federal constitution then it could go to the federal Supreme Court

  8. CHECKPOINT    • Name the typical state courts that have specialized jurisdiction. Chapter 3

  9. Tribal Courts • no longer possess complete authority over their reservations • retain inherent powers • regulate family relationships • tribal membership • law and order on the reservation • delegated powers – given for certain area, ie: environment Chapter 3

  10. Tribal Courts • very complicated system, both federal and tribal laws determine the jurisdiction of tribal courts • tribal authority does not include the right to prosecute non-Native Americans for crimes committed on the reservation Chapter 3

  11. International Courts • set up by the United Nations and other organizations • International Court of Justice • located at The Hague in the Netherlands • any dispute based on international law that is submitted • Tribunals, works with crimes against humanity, genocide, war crimes, and crimes of aggression • U.S. opposed the creation of the International Court of Justice Chapter 3

  12. Juvenile Justice System • Three General Groups: • Delinquent Offenders- youths who have committed acts that would be crimes if committed by adults • Status Offenders- youths who have committed acts that would not be crimes if committed by adults, ie: running away, skipping school, curfew violations, underage drinking- considered to be unruly and beyond control of parents/legal guardians Chapter 3

  13. Juvenile Justice System • Neglected and Abused Children • court protects these children from their parent/guardian. • when a parent/guardian is charged with failing to provide adequate food, clothing, shelter, or medical care • when a child has been sexually, physically, or emotionally abused • judge decides whether the child needs the protection of the court, should they remain with the family or be moved into a relatives or foster care home, go to counseling and/or treatment Chapter 3

  14. Juvenile Justice System • Parental Responsibility Laws • holding parents responsible for crimes committed by their children • believe parents know or should know what their children are doing, especially in certain appropriate cases, ie: drug dealing, gang activities • charged with contributing to the delinquency of a minor • Laws for all 50 states Chapter 3

  15. Juvenile Justice System • 3 Ways to Try Juveniles as Adults There are three common ways in which to transfer a case from juvenile court to the adult system and try the juvenile as an adult.  These are:  • Judicial Waiver - some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court • Direct File - sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult • Statutory Exclusion - some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record Chapter 3

  16. Juvenile Justice System • Types of Juvenile Hearings • Initial Hearing - state must generally prove two things: an offense was committed and reasonable cause to believe the accused did it • Preventive Hearing – hearing about whether to detain minors serves a legitimate purpose in protecting the community and themselves from future crimes committed by that juvenile • Adjudicatory Hearing - determines the facts of a case • Dispositional Hearing - hearing where judge decides the sentence. Chapter 3

  17. Misc., cont. • Precedent • Written opinion or ruling • lower courts in area where decision was made must follow the precedent • higher court has power to reverse or change the precedent • no power over courts in another jurisdiction or state can disagree with the precedent Chapter 3

  18. Misc., cont. • Dissenting • Written opinion from judges who do not agree with the courts decision • opinion of the minority of the judges • states reasons for disagreeing • may become basis of future majority opinions Chapter 3

  19. Misc. • Concurring Opinion • Judges who agree with the courts decision but for different reasons that those used to support the majority opinion. Chapter 3

  20. PREVENTLEGALDIFFICULTIES • Be prepared . . . • To avoid expensive litigation should a dispute develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator. • To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved. Continued on the next slide Chapter 3

  21. PREVENTLEGALDIFFICULTIES • Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options. • Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate. Chapter 3

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