Unit 4– Judicial Branch in Georgia

1. Georgia Studies Unit 4– Judicial Branch in Georgia

2. Unit 4 - Judicial Branch in Georgia • SS8CG4 The student will analyze the role of the judicial branch in Georgia state government. • a. Explain the structure of the court system in Georgia including trial and appellate procedures and how judges are selected. • b. Explain the difference between criminal law and civil law. • c. Describe the adult justice system, emphasizing the different jurisdictions, terminology, and steps in the criminal justice process. • d. Describe ways to avoid trouble and settle disputes peacefully. • e. Evaluate how the judicial branch fulfills its role in interpreting the laws of Georgia and ensuring justice in our legal system. • ESSENTIAL QUESTION • How does Georgia’s judicial system provide justice and protect the rights of its citizens?

3. Federal System • In a Federal system of government powers are shared between the national and state governments. • The Federal government is divided into three branches – Legislative, Executive, and Judicial. • The State government of Georgia is also divided into three branches – Legislative, Executive, and Judicial. • The United States Judicial Branch is made up of the Supreme Court and lower courts. • GA’s Judicial Branch is made up of the state’s courts.

4. Georgia Court System Elected by GA Voters 6 Year Terms Elected by GA Voters 6 Year Terms Elected by GA Voters 4 Year Terms Elected 4 Year Terms Elected 4 Year Terms Elected 4 Year Terms Appointed by Judges 4 Year Terms

5. Trial Courts • GA’s Judicial Branch is made up of two main types of courts – Trial Courts and Appellate Courts. • Trial Courts – People’s actions are judged to see whether or not they have committed a crime. • These judgments are made either by a jury (group of citizens) or simply by a judge. • Trial courts oversee two types of cases. In a civil case occurs when a person claims that another person did something wrong to them (example – The People’s Court). A criminal case occurs when the government claims that a crime has been committed by a person or group. • Trial Courts are split into 5 Classes – 3 with Jury Trials (Superior, State, and Probate Courts) and 2 with Judge Trials only (Magistrate and Juvenile Courts).

6. Trial Courts • Superior Court – Handle civil and misdemeanor cases; handle felonies • State Court – handle misdemeanors, civil cases, and traffic violations • Probate Court – handle wills and inheritances, marriage and firearm licenses • Magistrate Court – issue arrest warrants and search warrants; judge small civil cases • Juvenile Court – judges all children 17 years and younger for unruly and delinquent behavior

7. Adult Justice System – Civil Cases • Each court has jurisdiction. • Jurisdiction – Geographic and legal range over which a court has control and can pass judgment. • Civil Law is used in Civil Cases. • A Plaintiff (a person who complains about another person having done something wrong to them) tries to convince a judge that their case has real basis against the Defendant (the person accused of wrong doing). • If the Plaintiff wins, the Defendant may have to pay money to the Plaintiff (but will NEVER go to jail).

8. Conflict Resolution • Many civil cases are settled out of court. • The two sides in a conflict often resolve their issues without lawyers or judges. • They may negotiate themselves or use a mediator. • Mediator – A third person who has no interest in the problem. Helps the two sides in a conflict come to an agreement or resolution.

9. Adult Justice System – Criminal Cases • Criminal Law is used in Criminal Cases. • In a Criminal Case the government claims that a person or group has committed a crime (breaking the law). • The Government is called the Prosecutor and the person accused of breaking the law is called the Defendant. • The Prosecutor tries to convince the judge or jury that the Defendant committed a crime. If successful the Defendant can be found guilty and can be punished. • Crimes for which the punishment is less than one year in jail are called misdemeanors. • Crimes for which the punishment is one year or more are called felonies. • The punishment for very serious felonies (such as murder) may be death.

10. Appellate Procedures • Appellate Courts – Look over judgments made by trial courts. • If someone believes that a mistake was made during their trial they may make an appeal. The appeal goes to an appellate court which decides if the trial court has made a mistake or not. • No juries in appellate courts. • Makes sure that trials are fair and do not go against Georgia’s Constitution. • Georgia has two appellate courts – The Supreme Court (Georgia’s highest court) and the Court of Appeals.