Unit 3 Content Check

Negotiation

Negotiation

Informal process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all

1. Usually for disagreements w/ parents, friends, teachers, etc.

2. Can hire an attorney to negotiate for you but YOU must approve any agreement before it is finalized

Mediation

1. Somewhat formal process by which a third, neutral person helps disputing parties talk about problems and settle their differences

2. It is voluntary and mediator CANNOT impose a decision on the parties

   1. Disputants themselves must reach an agreement

Arbitration

Formal process by which both parties agree to have one+ persons listen to their arguments and make a decision for them

1. Both parties MUST abide by terms of agreement

2. Common in contract and labor-management disputes

Advantages of solving disputes before court/arbitration

saves time and money and allows parties to come to an agreement/make a decision on their own terms

Arrest

restraining and seizure of a person by someone acting under authority (police officer) in connection with a crime

Booking

process in which suspects’ names, the charges for which they are arrested, and fingerprints or photographs are entered into police records

Preliminary Hearing

defendants are brought before a lower-court judge for an initial appearance and given formal notice of their charges, their rights, and pretrial release conditions

Secured Bail

monetary deposit with the court that ensures the suspect will appear at a later stage; get it all back if you appear

Bail Bond

professional will post it for a non-refundable fee

Unsecured Bail

bail is set but no money is paid to the court, liable for full amount if you do not appear

Preventive Detention (Pretrial Release)

holding suspects in jail because of the threat they pose to society

Release on Own Recognizance (Pretrial Release)

release with a written promise to appear in court

Conditional Release (Pretrial Release)

requires that a suspect maintain contact with a pretrial release program (contact with officer, stay out of trouble, have job, complete a service or attend meetings)

Indictment

formal written statement framed by a prosecuting authority and found by a grand jury that charges a person(s) with an offense

Arraignment

a proceeding in which a person accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty

Plea Bargain

an arrangement between the prosecutor and defendant where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or an agreement to drop other charges

What is decided in a trial court?

Trial court decides whether or not the accused is guilty of the crime. Grand Jury decides whether or not there is enough evidence to charge the accused

How is a jury selected?

Voir dire process; peremptory strikes and with cause strikes

Judges

ensure that suspects and defendants are treated fairly and in accordance with due process of the law

1. Non-trial Duties: determining probable cause, signing warrants, informing suspects of their rights, setting and revoking bail, arraigning defendants, and accepting guilty pleas

Juries

must determine what the true facts are. Have only to determine whether the defendant is guilty or not guilty as to each offense charged

Defense Attorneys

provide the best possible legal counsel and advocacy within the legal and ethical limits of the profession

Court Appointed Lawyer (defense attorney

volunteer to represent indigent offenders and are appointed by judges

Public Defenders (defense attorney)

paid a fixed salary by a jurisdiction to defend indigents charged with crimes

Contract Lawyer (defense attorney)

private attorneys who bid for the right to represent indigent defendants

Prosecutors

Conduct final screening of person arrested, Decide if there is enough evidence to support conviction, Determine what the charges will be if they prosecute

1. Decide whether to charge and/or prosecute the case

   1. They find a crime has been committed

   2. A perpetrator can be identified

   3. Sufficient evidence to support a guilty verdict.

2. If they select NOT to prosecute they must render a notation of nolle prosequi and formally dismiss the charges.

Plaintiffs

the party who brings a legal action or in whose name it is brought. Their lawsuit is an accusation that someone else did wrong that damaged the plaintiff.

State courts

handle most civil, criminal, small claims cases etc.

Federal Courts

handles federal matters and crimes, including crimes that occur on federal land, across state lines, or interstate.

When Federal Courts have exclusive jurisdiction

cases involving (1) the Constitution, (2) violations of federal laws, (3) controversies between states, (4) disputes between parties from different states, (5) suits by or against the federal government, (6) foreign governments and treaties, (7) admiralty and maritime laws, and (8) U.S. diplomats.

Appellate Court Process

1. courts review what the trial court has done and rule on matter of the law relying on the record of evidence presented in the trial court.

2. receive written arguments (briefs) from attorneys on both sides. They might also receive amicus curiae (friend of the court) briefs from groups interested in the outcome. The court often hears oral arguments from both sides.

3. the judges retire and discuss the case among themselves. They vote and one judge is assigned to write the opinion of the court, which states the facts of the case, the issue, the court’s decision (the holding), and the reasons for the holding. If a judge disagrees with the holding, he or she may write a dissenting opinion.

   (judges may also write concurring opinions if they agree with some aspects of the case but not others-separate judicial opinion)

Describe conditions under which a case can be appealed to higher courts

There usually must be a legal basis for the appeal an alleged material error in the trial not just the fact that the losing party didn’t like the verdict. In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states

federal jurisdiction

jurisdiction over cases involving: the United States government, the Constitution or federal laws, or. controversies between states or between the U.S. government and foreign governments.

District Jurisdiction

jurisdiction over the area specified by the Order establishing it. It has original jurisdiction in both civil and criminal matters.

Appeals Jurisdiction

The courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

Supreme Jurisdiction

The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.

Types of Cases heard by the Supreme Court

1. Appeals from the prosecution or defense on federal appellate court decisions

2. Appeals of state supreme courts’ decisions on issues of U.S. constitutional law

Petition for certiorari

Supreme court grants an appeal and orders a lower court to send up the record of the case for review

How do SCOTUS justices determine which cases they grant cert?

Four of the nine justices agree that the court should hear a case

Who must obey precedent set by the Supreme Court?

All other courts and judges (state courts and lower level federal courts)

How does a Supreme Court Justice obtain his/her job?

President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority

Majority Opinion

joined by more than half the judges deciding a case and states the facts of the case, the issue, the court’s decision, and the reasons

Concurring Opinion

separate judicial opinion (i.e. different or additional reasoning) of a judge who voted with the majority

Dissenting Opinion

opinion written by a judge who disagrees with the majority opinion in a given case