Law and the Legal Law and the Legal ProcessProcess

JurisdictionJurisdiction

What is Jurisdiction?What is Jurisdiction? The authority of a court to hold a trial The authority of a court to hold a trial

and decide a caseand decide a case

Types of JurisdictionTypes of Jurisdiction

Original Jurisdiction – The court that Original Jurisdiction – The court that first heard the casefirst heard the case In the federal and state court system only In the federal and state court system only

the district and trial courts have this the district and trial courts have this jurisdictionjurisdiction

Appellate Jurisdiction – A court that Appellate Jurisdiction – A court that hears a case on appealhears a case on appeal Only the appellate (appeals) courts at the Only the appellate (appeals) courts at the

federal and state level have this federal and state level have this jurisdictionjurisdiction

Types of JurisdictionTypes of Jurisdiction

Federal JurisdictionFederal Jurisdiction Exclusive Jurisdiction – Cases that can Exclusive Jurisdiction – Cases that can

ONLY be heard in federal courtsONLY be heard in federal courts Cases involving officials from foreign Cases involving officials from foreign

governmentsgovernments Concurrent Jurisdiction – Federal and State Concurrent Jurisdiction – Federal and State

courts share the power to hear the case.courts share the power to hear the case. Cases involving citizens from two different Cases involving citizens from two different

statesstates In order for federal court to hear case, money In order for federal court to hear case, money

involved in case must be more than $75,000involved in case must be more than $75,000

Types of JurisdictionTypes of Jurisdiction

State Jurisdiction – Cases that can State Jurisdiction – Cases that can only be heard by state courtsonly be heard by state courts Marriage Cases Marriage Cases Lawsuits under $75,000 between two Lawsuits under $75,000 between two

citizens citizens

Appointment of JudgesAppointment of Judges

President has the power to appoint President has the power to appoint federal judgesfederal judges

Senate must approve themSenate must approve them Generally are attorneys or judgesGenerally are attorneys or judges Normally the same political party as Normally the same political party as

the presidentthe president

Judges TermJudges Term

Federal Judges Federal Judges appointedappointed for life for life Illinois Judges Illinois Judges electedelected for 10 year for 10 year

termsterms May retire at the age of 70 if they May retire at the age of 70 if they

have been a judge for 10 years or 65 if have been a judge for 10 years or 65 if they have been a judge for 15 yearsthey have been a judge for 15 years

When judges retire, they receive full When judges retire, they receive full salary for the rest of their livessalary for the rest of their lives

How cases reach the Supreme Court

Writ of Certiorari – “To be certain” Order by the court directing a lower

court to send up the case for review The right to be heard by the Supreme

Court

Supreme Court Cases

8,000 Cases a year are petitioned “The rule of four”

-4 out of 9 justices must agree to take the case

Most cases are denied because the justices either agree with the lower courts or there is already a precedent covering the decision

Fewer than 100 cases a year are decided

Supreme Court Procedure

Docket -the Supreme Court’s schedule for events to be heard

Brief -a written argument submitted by both sides arguing their side of the case

30 minutes for oral arguments in front of Supreme Court

Conference –After reading briefs and hearing oral arguments the Supreme Court meets to make decision on a case

Supreme Court Decisions

Stare Decisis –Latin for “let the decision stand”

Precedent-Court decision on a case that will impact future cases

Supreme Court Opinions

Majority Opinion Court’s decision in a case and sets out the

reasoning on which it is based, sets precedent Concurring Opinion

Statement written by a justice that agrees with the decision to emphasize certain points

Dissenting Opinion Written by justices that disagree and states

their reasoning Abstain

To refuse to vote on a matter

Tinker v. Des Moines 1969

Are all forms of speech protected by the First Amendment?

Should Joseph Frederick been suspended for 10 days for this banner?

Investigating a CrimeInvestigating a Crime

Arrest is madeArrest is made Miranda Rights Miranda Rights

givengiven Suspect “booked” Suspect “booked”

at police stationat police station Charges recorded in Charges recorded in

police register police register (book)(book)

Pre-trial ProceduresPre-trial Procedures

Initial appearance w/in 24 hoursInitial appearance w/in 24 hours Plea is enteredPlea is entered

Guilty (judge decides penalty)Guilty (judge decides penalty) Not guilty (trial date set)Not guilty (trial date set)

No plea entered if felonyNo plea entered if felony Preliminary hearing date setPreliminary hearing date set

Setting bailSetting bail

Bail-$$$ left until suspect returns to trialBail-$$$ left until suspect returns to trial Only 10% needed to be paidOnly 10% needed to be paid

Given back at court appearanceGiven back at court appearance

If a no-show, money must If a no-show, money must

be paid in fullbe paid in full

Preliminary hearingPreliminary hearing

Determines if there is enough evidence Determines if there is enough evidence (probable cause) to believe that the (probable cause) to believe that the defendant committed the crimedefendant committed the crime

Often waived by defendant (not an Often waived by defendant (not an admission of guilt, however)admission of guilt, however)

Does not determine guilt or innocence!Does not determine guilt or innocence!

Decisions for a TrialDecisions for a Trial

Federal Crimes go to grand jury to Federal Crimes go to grand jury to decide if a trial is justifieddecide if a trial is justified

Arraignment-formal charge is read Arraignment-formal charge is read

Decisions for a TrialDecisions for a Trial

After hearing charges the defendant After hearing charges the defendant can plead:can plead:

GuiltyGuilty Not guiltyNot guilty Not guilty by reason of insanityNot guilty by reason of insanity Nolo contendre (no contest)Nolo contendre (no contest)

Done to avoid civil trialDone to avoid civil trial

Plea BargainingPlea Bargaining

Giving a guilty plea for Giving a guilty plea for less of a punishmentless of a punishment

Most states allow itMost states allow it Less cases to deal withLess cases to deal with Less money to spendLess money to spend

ProblemsProblems Guilty people can go freeGuilty people can go free Sometimes w/little Sometimes w/little

punishmentpunishment

Let’s

make a

deal!

TrialsTrials

Bench TrialBench Trial Trial by judgeTrial by judge

Jury TrialJury Trial Trial by juryTrial by jury

Guilty!

Not Guilty!

Criminal CasesCriminal Cases

Punishment is jail or prisonPunishment is jail or prison Vote must be 12-0 if a jury trialVote must be 12-0 if a jury trial

Litigants-participants in the caseLitigants-participants in the case Defendant-person charged with wrongdoingDefendant-person charged with wrongdoing

Prosecution-brings charges against defendantProsecution-brings charges against defendant States attorney or district attorneyStates attorney or district attorney Has “burden of proof”Has “burden of proof”

Civil CasesCivil Cases

Punishment is moneyPunishment is money Only needs to be a majority for jury to Only needs to be a majority for jury to

convictconvict

Litigants:Litigants: Defendant-person charged Defendant-person charged

w/wrongdoingw/wrongdoing

Plaintiff-person suing the defendantPlaintiff-person suing the defendant

Choosing Jurors Peremptory Challenge-disqualifying Peremptory Challenge-disqualifying

jurors for no reasonjurors for no reason

Sequestering juries-too much media Sequestering juries-too much media coveragecoverage Jurors cannot go home until end of trialJurors cannot go home until end of trial

VerdictVerdict

GuiltyGuilty Acquittal (not Acquittal (not

guilty)guilty)

If the glove doesn’t fit you must acquit!

VerdictVerdict

MistrialMistrial Hung juryHung jury New trial neededNew trial needed

Not double jeopardyNot double jeopardy Appeals can be made Appeals can be made

to challenge a verdict to challenge a verdict in an appeals courtin an appeals court

SentencingSentencing

Punishment givenPunishment given