Courts and Jurisdiction Notes

Courts & Jurisdiction

Objectives

  • Define jurisdiction and distinguish geographic and subject matter jurisdiction.
  • Distinguish trial courts and appellate courts.
  • Trace the process by which a case is brought to the U.S. Supreme Court.
  • Explain the roles and powers of a public prosecutor and the different names they go by.
  • Explain the role of a defense attorney and why it's important that even "clearly guilty" defendants receive a vigorous defense.

Alternatives to Arrest

  • Summons or court complaint from police.
  • Misdemeanors that do not allow for arrest.
  • Felonies so old that suspect no longer poses immediate danger.
  • Court complaint from victim ("private criminal case").
    • When victim does not want to involve police.
    • When police do not want to be involved.
  • Grand jury investigation and indictment.

Crime Investigation Flow

  • The process typically flows as follows:
    • Crime Investigation.
    • Grand Jury/Indictment.
    • Arrest.
    • Summons/Warrant/Complaint.
    • Pre-Trial.
    • Detention Initial Appearance.
    • Bail Preliminary Hearing.
    • Possible outcomes:
      • No prosecution.
      • Diversion.
      • Dismissal.
      • Guilty Plea.
      • Nolo Plea.
      • Plea Bargain.
    • Trial (Hearings).
    • Interlocutory Appeals.
    • Arraignment.
    • Mistrials.
    • Possible verdicts:
      • Not Guilty.
      • Guilty.
    • Sentencing.
    • Alternative Probation.
    • Jail/HOC (House of Correction).
    • Prison Release.
    • Parole.
    • Appeal.

Where We Are in the Process

  • Offender charged with a crime and ordered to appear at court.
    • Arrest by police.
    • Summons by police.
    • Citizen or business files charges at court directly.
    • Prosecutor initiates investigation on his own.
    • Grand jury indicts.
  • Prosecutor makes decision to proceed with charges.
  • Pre-trial.
    • Initial appearance.
    • Bail and detention.
    • Preliminary hearings.
    • Plea bargaining.
    • Arraignment.
    • Jury selection.
    • Trial.
    • Appeal.

Court Hierarchy

  • Courts of Limited Jurisdiction:
    • Also known as Inferior Court in Maine and New York.
  • Courts of General Jurisdiction:
    • Also known as Court of Original Jurisdiction or Trial Court.
  • Court of Appellate Jurisdiction:
    • Also known as Court of Appeals.
  • Court of Final Jurisdiction:
    • Also known as Court of Ultimate Jurisdiction or Court of Errors.
Specific Examples
  • Standard: Court of Limited Jurisdiction -> Court of General Jurisdiction -> Court of Appellate Jurisdiction -> Court of Final Jurisdiction.
  • Maine: Inferior Court (District Court, 38 Judges in 29 Courts) -> Superior Court (17 Judges in 17 courts) -> Supreme Judicial Court (7 Justices).
  • New York: Court of Limited Jurisdiction (District/County/City Courts) -> Court of Original Jurisdiction (New York Supreme Court) -> New York Supreme Court, Appellate Division -> New York Court of Appeals.
  • United States: The final level is the United States Supreme Court.

Courts of Limited Jurisdiction

  • Limited jurisdiction often refers to subject matter jurisdiction.
  • Examples:
    • Family Court, Small Claims Court, Bankruptcy Court, Traffic Court, City Court.
    • Probate Court, eCourt, Housing Court, Surrogate’s Court, Court of Claims.
    • Mayors’ Courts, Justice of the Peace Courts, Land Court, Alderman’s Court.
    • Orphan’s Court, Tax Court, Town Court, Village Court, Worker Compensation Court.
    • Marriage Court, Divorce Court, Community Court, Fathering Court.
    • Bail Court, Night Court, Recorder’s Court, Neighborhood Court.

Federal Court System

  • U.S. Supreme Court: 1 Court
  • U.S. Courts of Appeals: 13 Circuits (12 Regional and 1 for the Federal Circuit).
  • U.S. District Courts: 94 Districts, each with a Bankruptcy Court
  • Plus: U.S. Court of International Trade, U.S. Court of Federal Claims

Other Types of Courts

  • Courts Martial:
    • Summary, Special, General.
    • Each branch has its own court of criminal appeals.
    • Court of Appeals for the Armed Forces.
  • Tribal Courts.
  • Territorial Courts.
  • International Criminal Court (ICC):
    • Deals with genocide, crimes against humanity, war crimes, crimes of aggression.
    • The U.S. is not a signatory.
    • American Service Members Protection Act (2002) authorizes the U.S. President to invade the Netherlands to retrieve any American held by the ICC.

Alternatives to Traditional Court

  • Diversion courts.
  • Drug courts: Started in 1989/Miami and now exist in all 50 states.
  • Veterans’ Courts: Started in 2008/Buffalo, NY and now exist in 41 states.
  • Mental health courts.
  • Homeless courts.
  • Religious courts: Generally nonbinding.
  • Alternative Dispute Resolution (ADR):
    • Mediation.
    • Arbitration: Binding or nonbinding.
  • Administrative hearings.

Miscellaneous Court Information

  • TV courts: Generally binding arbitrators using courtroom theatrics.
  • Juvenile court: Same courts, different rules.
  • Case names:
    • Original Adult: Plaintiff vs. Defendant or Government v. Defendant (e.g., Bruce v. Arpino, Maine v. Bruce).
    • Original and Appellate Juvenile: in re (“in the matter of”) name (e.g., In re Bruce).
    • Appellate adult (sometimes): Plaintiff v. Official (e.g., Roe v. Wade, Gideon v. Wainright).
    • Plaintiff with no specific defendant: Ex parte (“on behalf of”) and the Plaintiff (e.g., Ex parte Johnson).

The Courtroom Work Group

PositionJob
BailiffKeeps order, guards the defendant, services the jury, gives commands to carry out judge’s orders, ensures security
ClerkLooks up information, keeps and files paperwork, maintains evidence, keeps the schedule, issues subpoenas
Court ReporterRecord everything said in the courtroom during a session
JudgePresides, makes rulings on matters of law, instructs the jury, sets bail, opens and closes sessions, ensures fairness and order
ProsecutorRepresents the state against the defendant
Defense AttorneyRepresents the defendant against the state

How a Case Reaches the U.S. Supreme Court

  • Originates in federal system or involves a question under the U.S. Constitution.
  • Party may petition SCOTUS to hear case, but it's not necessary; most are denied.
  • At least four SCOTUS justices agree to hear case (rule of four).
  • SCOTUS issues writ of certiorari (SER-tee-or-AR-ee).
  • Justices review written records of case and discuss it privately.
  • SCOTUS hears oral arguments from both parties and reviews amicus briefs.
  • Justices vote.
  • Chief Justice assigns a justice to write the majority opinion.
  • Other justices may write concurring or dissenting opinions.

Key Terms

  • Jurisdiction.
  • Extradition.
  • Trial and appellate courts.
  • The court hierarchy, state and federal.
  • Writ of Certiorari.
  • Opinions, including concurring and dissenting.
  • Courtroom work group.
  • Attorney-client privilege.