The Judicial System:The Judicial System:Interpreting the LawInterpreting the Law

GA StudiesGA Studies

Two Types of CourtsTwo Types of Courts Trial Court: Trial Court: people’s actions are people’s actions are measured against the lawmeasured against the law Two ways decision are made:Two ways decision are made:

Jury trialJury trial Judge decidesJudge decides

Appellate CourtAppellate Court: looks over judgments : looks over judgments made by trial courtsmade by trial courts If a person thinks a mistake was made If a person thinks a mistake was made in their trial, they can appeal to an in their trial, they can appeal to an appellate courtappellate court

Appellate court decides if a mistake Appellate court decides if a mistake was madewas made

No jury trials No jury trials

JurisdictionJurisdiction

Geographical area over which a Geographical area over which a court has authority court has authority

Kinds of cases a court can Kinds of cases a court can judgejudge

Selection of JudgesSelection of Judges

Three ways:Three ways: Partisan Election: person runs for Partisan Election: person runs for judge as member of political partyjudge as member of political party Election can be at local, county Election can be at local, county or state level or state level

Nonpartisan Election: candidates Nonpartisan Election: candidates are not associated with partyare not associated with party Election can be at local, county Election can be at local, county or state levelor state level

Appointed by higher level judgeAppointed by higher level judge

Types of Law seen in Trial CourtsTypes of Law seen in Trial Courts

1.1. Civil LawCivil Law: Person or group of : Person or group of people complains that someone people complains that someone has done them wrong.has done them wrong.

Plaintiff: person who files Plaintiff: person who files complaintcomplaint

Defendant: person accused of doing Defendant: person accused of doing something wrongsomething wrong

If the plaintiff is successful in If the plaintiff is successful in the case, the defendant will usually the case, the defendant will usually have to pay monetary damages have to pay monetary damages

Types of Law seen in Trial CourtsTypes of Law seen in Trial Courts

2. 2. Criminal LawCriminal Law: the government : the government (local, state or federal) claims (local, state or federal) claims a person has committed a crimea person has committed a crime

Prosecutor: governmentProsecutor: government Defendant: person accused of crimeDefendant: person accused of crime

If government can successfully If government can successfully prosecute the case, person will be prosecute the case, person will be found guilty and punishedfound guilty and punished

Punishment can be fine, jail or Punishment can be fine, jail or bothboth

Classes of CourtsClasses of Courts

Appellate CourtsAppellate Courts: : Judges chosen Judges chosen by people in state-level by people in state-level nonpartisan electionsnonpartisan elections Supreme Court (highest)Supreme Court (highest) Court of Appeals (handles appeals Court of Appeals (handles appeals from superior, state and juvenile from superior, state and juvenile court cases)court cases)

Classes of CourtsClasses of Courts Trial Courts: Trial Courts: (how judges are chosen listed (how judges are chosen listed with each)with each) Superior Courts (civil, misdemeanor & felony Superior Courts (civil, misdemeanor & felony cases) – Jury Trials- cases) – Jury Trials- Nonpartisan election Nonpartisan election (circuit)(circuit)

State Courts (misdemeanor, civil & traffic State Courts (misdemeanor, civil & traffic violations) – Jury Trials- violations) – Jury Trials- Nonpartisan election Nonpartisan election (county) (county)

Probate Courts (handle wills, inheritances, Probate Courts (handle wills, inheritances, marriage & farm licenses) – Jury Trials in small marriage & farm licenses) – Jury Trials in small counties – counties – Partisan elections (county)Partisan elections (county)

Magistrate Courts (arrest & search warrants, Magistrate Courts (arrest & search warrants, small civil cases) – No Jury Trials- small civil cases) – No Jury Trials- Nonpartisan Nonpartisan electionselections

Juvenile Courts (juvenile cases) – No Jury Juvenile Courts (juvenile cases) – No Jury Trials – Trials – Judges appointed by Superior Court Judges appointed by Superior Court JudgesJudges

Settling Disputes PeacefullySettling Disputes Peacefully

Often cases can be settled out of court Often cases can be settled out of court without a judge or attorney, but with without a judge or attorney, but with the use of a the use of a mediator mediator (third party with (third party with no interest in the problem)no interest in the problem)

A mediator helps both sides reach a A mediator helps both sides reach a compromise by using problem solving and compromise by using problem solving and communication skills to come to an communication skills to come to an agreementagreement

It is important to realize that words It is important to realize that words can often solve a problem (without can often solve a problem (without force or weapons)force or weapons)