In the CourtroomIn the Courtroom

Kinds of Law Applied Kinds of Law Applied in the State Courtsin the State Courts

A.A. Constitutional Law: Judicial Constitutional Law: Judicial interpretationsinterpretations

B.B. Statutory Law: laws enacted by Statutory Law: laws enacted by legislaturelegislature

C.C. Administrative Law: rules issued by Administrative Law: rules issued by fed, state, & local authorityfed, state, & local authority

Kinds of Law Applied Kinds of Law Applied in the State Courtsin the State Courts

D.D. Common Law: unwritten, judge- Common Law: unwritten, judge-made law: once decided becomes made law: once decided becomes precedentprecedent

E.E. Equity: seeks to stop wrongs before Equity: seeks to stop wrongs before they occurthey occur

1.1. Injunctions- stop immediacy of threat Injunctions- stop immediacy of threat to propertyto property

Criminal & Civil LawCriminal & Civil Law

A.A. Criminal- state is always prosecutor Criminal- state is always prosecutor 1.1. Felony- greater crime, punished Felony- greater crime, punished

heavilyheavily

2.2. Misdemeanor- lesser crime: small Misdemeanor- lesser crime: small fine/short jail sentencefine/short jail sentence

B.B. Civil- human conduct- disputes Civil- human conduct- disputes between private propertiesbetween private properties

Jury SystemJury System

A.A. Grand Jury- make sure there is Grand Jury- make sure there is sufficient evidence to justify a trialsufficient evidence to justify a trial

B.B. The Information- formal charge filed The Information- formal charge filed by prosecutor w/o action of a grand by prosecutor w/o action of a grand jury- used for minor offensesjury- used for minor offenses

Jury SystemJury System

C.C. Petit Jury- trial jury- hear Petit Jury- trial jury- hear evidence & decide evidence & decide disputed factsdisputed facts

1.1. Hung jury- can’t agree on Hung jury- can’t agree on verdict (another trial or verdict (another trial or case dropped)case dropped)

2.2. Bench trial- only judge- Bench trial- only judge- minor sums involvedminor sums involved

Jury SystemJury System

D.D. Selection of Jurors Selection of Jurors1.1. Drawn from- poll books, tax rolls, DMV Drawn from- poll books, tax rolls, DMV

lists, utility bills, etc.lists, utility bills, etc.

2.2. Served- w/o court order (under 18 or Served- w/o court order (under 18 or over 70, illiterates, ill, criminals over 70, illiterates, ill, criminals commonly excluded)commonly excluded)

OrganizationOrganization

A.A. Justices of the Peace: Justices of the Peace: stand on lowest rung- stand on lowest rung- usually traffic offenses, usually traffic offenses, etc.etc.

B.B. Magistrates: city- Magistrates: city- cousins of JP’s – police cousins of JP’s – police courtscourts

OrganizationOrganization

C.C. Municipal Courts: Municipal Courts: jurisdiction is city-jurisdiction is city-wide (hear civil wide (hear civil cases)cases)

D.D. Juvenile Courts: Juvenile Courts: under 18- usually under 18- usually emphasize emphasize rehabilitation rehabilitation more than more than punishmentpunishment

OrganizationOrganization

E.E. General Trial Courts: most legal General Trial Courts: most legal actions brought under state law actions brought under state law begin in these courtsbegin in these courts

F.F. Intermediate Appellate Courts: Intermediate Appellate Courts: courts of appeal- review decisions courts of appeal- review decisions of trials (do not hold trials)of trials (do not hold trials)

OrganizationOrganizationG.G. State Supreme State Supreme

Court: review Court: review decisions of lower decisions of lower courts that were courts that were appealed- final say appealed- final say in all matters of in all matters of state lawstate law

Selection of JudgesSelection of Judges

A.A. Usually chosen by popular electionUsually chosen by popular election

B.B. Missouri PlanMissouri Plan1.1. Combines election & appointment Combines election & appointment

process in choosing judgesprocess in choosing judges