Court Systems

Who is the person who brings a case against someone else in a court of law?

Plantiff

Who is the person charged with the crime?

Defendant

The attorney who represents that state county or municipal is?

Prosecutor

The trial court is also called a?

District Court

The first level of appeals court?

Circuit Court

The final level of appeal in federal system?

Supreme

Steps in state system (4)?

Initial Appearance, Arraignment, Trial, Sentencing

Which step does judge appoint attorney if defendant can’t afford one?

Initial Appearance

Which step does defendant plea?

Arraignment

What can’t be appealed?

Small claims court decisions

What act ends up as criminal case?

Acts that are prohibited by law

What punishments exist for criminal cases (4)?

Probation, Fines, Imprisonment, Death

What are orders of event in Superior Court for criminal case (9)?

Arrest, Initial Appearance, Preliminary Hearing, Arraignment, Trial, Instructing the Jury, Jury Deliberations, Verdict, Sentencing

How long do you have to bring accused to a judge?

24 Hours

What can happen in initial appearance?

Informs Defendant of charges, right to remain silent, and to have an attorney

Which step is optional and judge may hear testimony and evidence?

Preliminary Hearing

Which step fires judge determine if there’s enough evidence and sets an arraignment date?

Preliminary Hearing

Which step does defendant plea guilty or not?

Arraignment

What happens if defendant pleas guilty/non contest?

The judge sets a sentencing date

Who speaks first at trial?

Prosecuting Attorney

Legal disagreement ends up as?

Civil Case

Examples of Civil Cases? (Only need to list 3 for the test)

Breach of Contract, Debt Collection, Monetary Compensation for personal injuries, Property Damage, Family Law issues (Divorce)

What does plaintiff need to state in filed documents?

Why plaintiff is suing, and what action they want to take place

What happens after papers are filed?

Plaintiff must state whether the case is eligible for arbitration

How long does the defendant have to write written answer?

About 20 Days

Who gives a decision?

Judge

Who gives verdict?

Jury

Does appellate court conduct trials? Explain

No; After review, the judges may hear oral arguments for the attorney

What are 3 options of appellate voter?

Affirm (Agree), Reverse (Disagree), or Remand (Send the case back to trial court)

If Supreme Court rejects case what happens?

Last decision from a lower court is final

How does the Supreme Court work?

File a petition for review, Review and study the record and questions or point of law, Oral arguments from the lawyers on both sides, Justices meet privately to deliberate and vote