CP Civics ~ NH Judicial Branch/Court System

Appeal

a request made to a higher court to review a case and check if the law was applied correctly

Bail

money or property that a defendant gives to the court to ensure they will return for their trial

Burden of Proof

refers to the amount of evidence needed to prove someone is guilty or not guilty

Civil Law

involves cases where a person or group (the plaintiff) claims that someone else (the defendant) has done something wrong

Criminal Law

deals with cases where the government accuses someone of breaking the law

Defendant

the person who is accused of committing a crime or doing something wrong in a lawsuit

Due Process

the government must follow certain steps when accusing someone of a crime

Felony

a serious crime that usually results in a punishment of more than one year in prison or a large fine

Fine

a monetary penalty that a defendant must pay as punishment for committing a crime

Innocent Until Proven Guilty

This principle means that a person is considered innocent of a crime until the government can prove they are guilty

Judicial Review

the power of the courts to examine actions taken by the executive branch, legislative branch, and the states to see if they follow the Constitution

Jury of Peers

a group of ordinary people from the community who are chosen to decide the outcome of a trial

Jurisdiction

the area where a court or law enforcement has the authority to make decisions and enforce laws

Misdemeanor

a less serious crime that can result in a punishment of up to one year in jail or a smaller fine

Opinion

a written explanation of a court's decision

Plaintiff

the person who brings a case against someone else in a civil court, claiming that they have been wronged

Precedent

a previous court decision that is used as a guide for deciding similar cases in the future

Prosecutor

the lawyer who represents the executive branch of the government in a criminal case and tries to prove that the defendant is guilty

Verdict

the decision made by a jury or a judge about whether the defendant is guilty or not guilty

What is the Purpose of the Judicial System?

• provides a forum for settlement of disputes between citizens, groups, gov’t, etc.

• provides judicial review (checks and balances)

• makes sure rules are followed, clarifies vague rules that are open to interpretation

Three Tier System

• provides an appropriate place for review of various similar cases

• provides a procedure for appeals on cases

Trial Court

venue to try and prove guilt, presentation of evidence and defense; if guilty, determine punishment

Appellate Court

determine if a violation of a due process rule occurred or if a fundamental liberty was violated; hearing in front of a justice or multiple justices; based on interpretation of past events, procedural rules and constitutions

Grand Jury

hears evidence presented by the gov’t attorney in criminal cases and decides whether there is enough evidence to formally charge a person with a crime; *they do not decide guilt or innocence

Petit Jury

hears testimony and views evidence in individual cases and then deliberates and reaches a verdict

Requirements for Jury Duty

• 18 years old or older

• U.S. citizen

• a resident of the county in which you have been asked to serve

• be able to read, speak and understand English

• can’t have a physical or mental disability that prevents them from serving

• someone convicted of a felony that has not been annulled

Indictment

a legal order allowing the gov’t to proceed with the case, only if a grand jury believes the felony case should go to trial

NH Circuit Courts

district, probate, and family courts, verdict is always given by a judge *no option for a jury

NH District Courts

sees minor civil cases, midemeanors, and violations

NH Probate Courts

sees estates, wills, adoptions, trusts, guardianships, etc.

NH Family Courts

sees divorce, child support, juvenile delinquents, domestic violence, etc.

NH Superior Courts

• 11 courts (1 each county, Hillsborough has 2)

• sees "major" civil suits, felony trials, appeals from district courts

• verdict given by judge or a jury

NH Supreme Court

• 1 court

• 5 judges

• hears only appeals