Chapter 3: the Court System LEGL

Judges

For Trial Court

Justices

For Reviewing courts (appellate courts)

Grand Jury

16-23 People, Determines probable cause, Issues and indictment

Probable cause

Requiring police to have sufficient, trustworthy facts—more than mere suspicion—to believe a crime has been committed

Indictment

a formal, written accusation issued by a grand jury charging a person with a crime, typically a felony (Indict = to formally charge)

Petit Trial (Trial Jury)

6-12 people, decides guilt/liability at trial

Bench Trial

No jury, Judge decides outcome (Judge Judy)

Pros and Cons of Jury System

Bias, Personal opinions, lack of education, Cost, Emotional decision-making

Lawyers

“Officers of the court” Law degree only

Attorney

Law degree and passed the bar exam

Attorney-Client Privilege

Everything told to attorney is confidential

Attorneys cannot disclose client information

Violation of Privilege

Disbarment

Other legal consequences

Malpractice

Applies to lawyers, doctors, accountants

Can result in loss of ability to practice

Covered by malpractice insurance

Plaintiff(s)

Hire attorney to file a civil case

Attorney in Criminal Case

Only state/government can initiate

Defendant

Can hire attorney (civil or criminal)

Can be appointed free attorney only in criminal cases

Pro se

Represent yourself in civil or criminal cases

State Level Attorney

District Attorney (DA), Assistant Attorney (AA), Public defender, Defense Attorney)

Federal Level Attorney

US Attorney General, US Attorney (per federal district), Assistant US Attorney (AUSA), Federal Public Defender, Defense Attorney

Jurisdiction (jx)

Power/authority of a court

Subject Matter Jurisdiction

Does this court have authority over this type of case?

Why does jurisdiction matter?

Determines: Where a plaintiff can file, Which court hears a case, Which judges, which laws apply

State Court Structure

State Supreme Court, Appellate courts, Trial Courts, Lower courts (Juvenile, Magistrate, Municipal, traffic, probate

Appellate Courts

Loser Appeals (Appellant v. Appellee)

Trial Courts

State court/superior Court

State: misdemeanors

Superior: Felonies, Land, Divorce

Juvenile Court

Under 18 charged with crime

Magistrate Courts

Small claims, evictions, landlord/tenant disputes

Municipal courts

Recordings courts

Traffic Court

Traffic/Road violations

Probate Court

legal matters after someone dies, overseeing the process of validating wills, appointing executors, paying debts, and distributing a deceased person's property (estate) to heirs or beneficiaries

Federal Courts

Also called Article III Courts

Federal Jurisdiction includes

Federal law questions, US as a party, Disputes between states, Citizens of different states (Diversity Jurisdiction)

Diversity Jurisdiction Requirements

All plaintiff(s) and Defendant(s) are from different states, amount in controversy must be over $75,000

Federal Court Structure

District Courts, Courts of Appeal, Supreme Court

District Courts

Trial Courts, Starting point for cases, Where trials are held, 94 federal districts (plus territories)

Appellate Courts

13 federal appellate courts

Corporate Citizenship

State of incorporation and State(s) of principal place of business (headquarters, major operations, factories, revenue center)

Removal

Defendants may try to move a case

State → Federal

Federal → State

Used Strategically

Writ of Certiorari

Supreme court agrees to hear the case later

On appeal

Appellant v. Appellee

Court Opinions

Major Opinion, Concurring Opinion, Dissenting Opinion

Major Opinion

Final , binding ruling

Concurring Opinion

Agrees with outcome but has a different reasoning (allowed to explain reasoning)

Dissenting Opinion

Disagrees with ruling and explains why

Appeals Outcome

Case returns to trial court, trial starts over

Trial Error

Appellate court finds a trial error (reversing)