the judicial branch. the basic function of the courts is to interpret and apply the law to settle...
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The Judicial Branch
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The Judicial BranchThe basic function of the courts is to interpret and
apply the law to settle conflicts
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Civil Cases
-The court acts as a kind of referee to set disputes between two or more
parties
-A typical case begins when one party sues another.
-The party who bring legal action is called the plaintiff
-Most cases do not result in a trial they are settled “out of court”
-A civil court does not find anyone guilty or not guilty
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Criminal Cases
-The state prosecutes someone charged with committing a crime
-Generally crimes offend the whole community, not just the
individual victim
-The government, not the individual victim, is the
prosecution (district attorney)
-It may find the defendant guilty as charged or not guilty
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Judicial Review Cases
-Reviewing rules or laws to determine if they violate the
Constitution
-Only higher-level state courts and federal courts exercise this
power
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Two levels of crimes one can commit
Felony• Serious crime
• Punishable by a year or more in prison and/or a fine
• Examples: arson, burglary, kidnapping, car theft, murder, robbery, and rape
Misdemeanor• Less serious crime
• Punishable by 1-12 months in jail and or a fine of $1,000 or less
• Examples: concealed weapon, criminal trespass, cruelty to animals, and shoplifting
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Compare and Contrast
Original jurisdiction• Has the authority to be the
first court to hear the case
• Labeled “trial courts”
• May use trial by jury or nonjury trials in which the judge alone hears the case
Appellate jurisdiction• Has the authority to
review decisions of lower courts
• Do not hold trials
• Use several judges who hear cases and make decisions as a body
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How judges are selected
Magistrate and Municipal court judges: are elected or appointed
State and Probate court judges: elected to four year terms in county
wide elections
Superior court judges: elected to four year terms in circuit wide elections
Supreme and Appellate court justices: elected to six year, staggered
terms in state wide elections
-Choose one of their number to be chief justice
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Due Process (a clause of the 5th Amendment)
Rights and procedures guaranteed by several amendments:
-Be notified of charges against you (6th)
-Be provided a speedy and public trial (6th)
-Be able to confront witnesses (6th)
-Be represented by a lawyer (6th)
-Have an impartial judge and jury (7th)
-Remain silent (5th)
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Pretrial Proceedings
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Arrest
Law enforcement authorities take the suspect into
custody
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Booking
Authorities make an official record of
the arrest and place the suspect
in a cell
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Initial Appearance
The magistrate court judge sees that the suspect is
given due process, including the right to an
attorney, bail, and explanation of charges
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Preliminary Hearing
Magistrate determines if there is probable cause to believe that a crime has been committed and that
the person should be tried
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Grand Jury Indictment
Grand jury (16-23 citizens) decide if there is enough evidence to charge the
suspect with a crime. If so the grand jury issues an
indictment.
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Arraignment
Superior court judge reads charges and the accused pleads guilty
or not guilty. If the plea is guilty skip
ahead to sentencing.
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Plea Bargaining
Accused agrees to plead guilty to a less serious charge. If a
plea bargain is made skip ahead to sentencing.
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Trial
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Jury Selection
Twelve jurors and at least one alternate are
selected to hear the case
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Opening Statements
Prosecution and defense state what
they expect to prove to the jury
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Presentation of the Case
Prosecution presents evidence and witnesses to
prove its case. Defense presents evidence and
witnesses to discredit the prosecution’s case.
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Closing Statements
Defense and prosecution make
final arguments to the jury
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Jury Deliberation and Verdict
Jury considers evidence and makes a decision. If the verdict
is not guilty, the defendant is freed.
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Sentencing
If the verdict is guilty, judge determines
(within limits set by law) what the
sentence will be
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Appeal
-If a defendant feels that he or she did not receive a fair trial, he
can appeal the decision to a higher court.
-The appellate court examines the trial record for errors.
-If overturned, the case goes back to the supreme court.
-If upheld, the sentence is carried out.