Law Midterm Review

1st Layer/ Courts of Original Jurisdiction

1st Layer/ Courts of Original Jurisdiction

District, Tax Court, Military Court, Bankruptcy Court, Immigration Court

District Court

dispute between two people in separate states ($75,000)

Federal Cases

constitutional violations, maritime cases, issues between states, tax fraud, embezzlement, cases that violate federal law

Georgia Court System Courts of Original Jurisdiction

probate court, magistrate court, municipal court, state court, superior court

Court of Appeals

if you lose in courts of original jurisdiction and want to appeal

Supreme Court

If you lose in Court of Appeals

Georgia Judges

elected

Federal Judges

appointed

Probate Court

wills, trusts, and estates

Magistrate Court

$15,000 or less, civil cases, small number of criminal and traffic cases

Municipal Court

local violations of ordinances like building codes, traffic tickets within the town, lower level criminal offenses

State Court

misdemeanors

Superior Court

felonies, divorce, family law related issues (child support)

Judge Qualifications

Law degree, passing the bar exam, admitted into practice with a character and fitness exam

Five Freedoms of the First Amendment

press, assembly, religion, speech, expression

Restrictions on Freedom of Speech

obscenity, threats, incitement, child pornography

Restrictions on Freedom of Assembly

time, place, and manner

Restrictions on Freedom of Expression

can’t lie in advertising

First Amendment Arguments

book banning

Second Amendment Debate

can individuals have guns or just a well organized militia? and do we have the right have a firearm for self defense?

Professional Participants

Judge, Prosecutor, Defense Attorney

Para- Professional Participants

Bailiff, Clerk, Court Reporter

Prosecutor

Burden of proof, must present a prima facia case, questions witnesses for the state, represents the state in appeals

Defense Attorney

represents defendant, plea bargains, questions witness by directing own or cross examining the state’s, handles sentencing, files and argues appeals, two types of defense attorneys: private or public defenders

Bailiff

keeps order in courtroom, secures witnesses, announces the jury’s entry

Clerk

works directly with the trial judge, responsible for court paperwork and records before and during the trial

Court reporter/Stenographer

maintains a written record of all court proceedings, transcribes every spoken word, necessary for appeals

Jury

voir dire selection, challenges: for cause, peremptory, to the array

Expert Witnesses

have special knowledge and skills recognized by the court, may express opinions or draw conclusions, usually paid

Lay witnesses

eyewitnesses, character witnesses, not considered experts, may testify only to the facts