State Courts

What does jurisdiction mean?

A court's power/authority to hear certain types of cases. Limited jurisdiction = can only hear specific small cases. General jurisdiction = can hear most types of cases

What does appellate mean?

Relating to appeals; reviewing decisions from lower courts. Appellate courts don't have trials

What is discretionary review?

When a court chooses which cases to hear. They're not required to hear everything. Supreme Courts typically have this

What is probate?

Handling dead people's estates, wills, and guardianships

What are preliminary stages of felony cases?

The first steps before trial, such as bail hearings, initial appearance, arraignment

What is precedent?

Past court decisions that guide future cases. Higher courts create precedent for lower courts

What does it mean that Supreme Court is a policy maker?

Supreme Court decisions create new rules/interpretations that affect everyone in the state

Felony vs misdemeanor?

Felony = serious crime (1+ years prison). Misdemeanor = less serious crime (under 1 year jail)

Who is a mediator?

A neutral person who helps parties negotiate. Does NOT make the decision. Parties control the outcome

Who is an arbitrator?

A neutral person who listens to both sides and makes the decision like a judge

List the 4 court levels

1. Municipal/City/Justice of the Peace Courts 2. District/Superior/Circuit Courts 3. Courts of Appeals 4. Supreme Courts

What do Municipal/City/JP Courts handle?

Limited jurisdiction. Criminal: petty theft, public drunkenness, disturbing peace, disorderly conduct. Civil: small claims, landlord-tenant, small debts. Preliminary felony stages

What do District/Superior/Circuit Courts handle?

General jurisdiction trial courts. Criminal: burglary, theft, drugs, murder, robbery, rape. Civil: auto accidents, divorce, contracts, probate

What do Courts of Appeals do?

Intermediate appellate courts. Must hear all appeals. Filter cases before Supreme Court. 39 states have these

What do Supreme Courts do?

Court of last resort. Discretionary review (picks cases). Makes state policy. Final decider of state law

How is Alabama the same?

Has all 4 levels. Circuit Courts for general jurisdiction. Has a Supreme Court. 41 circuit courts across 67 counties

How is Alabama different?

Has TWO intermediate appellate courts: Court of Civil Appeals and Court of Criminal Appeals. Most states only have one

How many states have intermediate courts?

39 states have intermediate appellate courts. 11 states do not

States WITH intermediate courts

Filter appeals before Supreme Court. Supreme Court picks cases (discretionary review). Better for high-volume states. Reduces Supreme Court caseload

States WITHOUT intermediate courts

Appeals go straight to Supreme Court. Supreme Court must hear everything (mandatory jurisdiction). Simpler, cheaper. Better for low-volume states

Why different court structures?

Population/caseload: Large states need volume management. Cost: Small states can't justify expense. Efficiency: Lets Supreme Court focus on major issues

Municipal vs JP - Location?

Municipal = cities/urban. JP = rural/townships

Municipal vs JP - Judges?

Municipal = lawyers required. JP = often non-lawyers, just elected

Municipal vs JP - Cases?

Municipal = city ordinances, traffic, minor criminal. JP = very minor civil, preliminary hearings, marriages

Municipal vs JP - Formality?

Municipal = more formal procedures. JP = less formal, more accessible

Name 4 therapeutic courts

1. Drug Courts 2. Mental Health Courts 3. Veterans Courts 4. Domestic Violence Courts

Drug Courts?

Treatment instead of jail. Drug testing and counseling. Ongoing supervision. Focus on rehabilitation not punishment

Mental Health Courts?

Connect to mental health services. Treatment plans instead of punishment. Team approach with mental health professionals

Veterans Courts?

Address PTSD, substance abuse, mental health. Peer mentoring. VA services integration. Military culture understanding

Domestic Violence Courts?

Victim safety focus. Offender accountability. Coordinated community response. Dedicated DV judges

How are therapeutic courts different?

Focus on rehabilitation not punishment. Ongoing supervision by same judge. Team approach. Voluntary participation. Address root causes

What is trial de novo?

"New trial" in Latin. Complete restart. New evidence, new witnesses, fresh start. As if first trial never happened

When does it happen?

When appealing FROM limited jurisdiction court TO general jurisdiction court. First level of appeal from lower courts

When does it NOT happen?

Appealing from trial courts to appellate courts. Those just review the record for legal errors

Trial de novo vs regular appeal?

Trial de novo = new trial, new evidence, limited to general jurisdiction. Regular appeal = review record only, no new evidence, check for errors

What is ADR?

Alternative Dispute Resolution. Resolving disputes outside court. Faster, cheaper, less formal. Keeps cases out of overcrowded courts

Two forms of ADR?

1. Mediation 2. Arbitration

What is mediation?

Mediator helps parties negotiate. Mediator does NOT decide. PARTIES control outcome. Non-binding unless agreed. Collaborative

What is arbitration?

Arbitrator hears evidence and decides. ARBITRATOR makes decision like a judge. Can be binding or non-binding. More adversarial

Mediation vs arbitration?

Mediation: parties decide (mediator helps). Arbitration: arbitrator decides (like judge)

Why care about court organization - Access?

Determines how easy to get to court. Multiple levels = more appeal opportunities. Location affects physical access

Why care about court organization - Efficiency?

Proper structure manages caseload. Specialization more effective. Reduces delays and backlogs

Why care about court organization - Fairness?

Appeals check for errors. Specialized courts address specific issues. Ensures consistent law application

Why care about court organization - Quality?

Judge qualifications affect outcomes. Higher courts correct mistakes. Intermediate courts let Supreme Court focus

Why care about court organization - Cost?

Structure affects taxpayer burden. Efficiency impacts user costs. ADR reduces litigation expenses

Why care about court organization - Legal Development?

How courts organized affects how law develops. Appellate courts create precedent. Precedent clarifies legal issues

Appeal success rate?

Only 1 out of 16 appellants win significant victory

Must intermediate courts hear all appeals?

YES - intermediate courts MUST hear all requests. Supreme Courts have discretionary review

Alabama circuit courts?

41 circuit courts across 67 counties