CHAPTER TENCOURTS OF GENERAL TRIAL JURISDICTION

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

Introduction

State court variation

Time that state entered the Union

Political culture

Local legal culture

State traditions

Creation of State Courts

Defined by state constitutions

Authority to define jurisdiction is delegated to legislature

Varies among the states

May be divided at various levels

State Court Jurisdiction

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

Wedding Cake Model

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

Courts of Original 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

Courts of General Trial Jurisdiction

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

Civil Cases

Court protection of economic interests

One-third of civil cases

Buyers and sellers as plaintiffs

Breach of Contract

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

Tort Claims

Center around families and marriages

Types of cases Divorces Annulments Disposition of wills Inheritance Paternity Child custody

Domestic Relations Issues

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

Civil Case Features

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

Criminal Cases

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

Federal District Courts

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

Judiciary Act of 1789

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

District Court Jurisdiction

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

Federal Court Structure

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

Workload of the Federal District Courts

Employment discrimination

Housing and accommodations

Welfare rights and benefits

Voting rights

Civil Rights 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

Criminal Cases

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

Speedy Trial Act of 1974

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

Bankruptcy Cases