Chapter 11 Section 4 pg. 203 - 206 Flashcards
How much of all court cases handled in the United States are decided by state courts?
> About 90% of all court cases handled in US are decided by state courts
List the lower state courts
> justice of the peace courts
magistrate courts (or police courts)
municipal courts
special small claims courts
Describe the justice of the peace courts
> one of the lower state courts
at the bottom of state court system
have been abolished in many states
found primarily in small towns and rural areas
holds jurisdiction over a township, county, or some other rural district
commonly elected for 2 or 4 yr. term
no regular pay but keeps potion of legal fees and fines
“JP” usually ordinary citizen with no special legal training and may hold court in home, store, or office
decides cases involving traffic violations, disturbances of peace, public drunkenness, and other minor offenses
may hold preliminary hearings involving serious offenses to determine whether there is just cause for holding accused person for trial
can set bail, issue search warrants, issue licenses, and perform marriages
may act as notary public and handle civil cases involving small amounts of money, up to $100 or $200
Describe magistrate courts
> also called police courts
lowest state courts
similar to justice of the peace courts
usually presided over by elected judge or magistrate
hears minor cases without presence of any jury, but these cases may be appealed to higher court
some states require judge in magistrate courts to be trained lawyers, but in others, judge can be ordinary citizen
judge ordinarily serve for 4 to 6 yr. and receive fixed, relatively low salary
Describe municipal courts
> in many larger urban areas, magistrate and police courts have been replaced by municipal courts
have broader jurisdiction than magistrate courts, and are usually presided over by judge who is trained lawyer
in larger cities, municipal courts are organized into specialized divisions, such as traffic courts, domestic relations courts, small claims courts, probate courts, and juvenile courts
Describe special small claims courts
> exist in larger cities to help people collect small sums of money allegedly due them
make it possible for citizen to collect small claim without heavy expense of filing suit in regular court of law
taking case to small claims court often involves no cost, although in some cases small fee is charged
both parties appear before judge, without benefit of jury, and usually without presence of attorneys
judge hears facts and renders decision
Describe general trial courts
> above lower state courts is second level–general trail courts
each district has general trial court
general trial courts are courts of record; that is, a transcript is made of trial proceedings
have broad jurisdiction and deal with both criminal and civil cases
generally have original jurisdiction; that is, most cases which come before them are being tried for first time
in some situations, they have appellate jurisdiction; they hear case which is being appealed from lower court
decision of general trial court is usually final; however, questions of law which arise from case may be appealed to higher court
judges who preside over general trial courts are usually popularly elected, although in some states they are appointed
judge terms is usually 4 to 6 yr.
most cases heard by jury
include court clerk who keeps the court’s records
bailiff who is the police officer for the court
Describe appellate courts
> between general trial courts and highest state court, many states have 3rd level of courts–intermediate appellate courts
often called courts of appeals
judges are appointed by governor in few states, but most often are elected by voters
in most states, they serve terms of 6 or 8 years, although in few states they serve longer terms
general purpose: to ease load of state’s highest court
have very limited jurisdiction; primarily they hear appeals of cases from lower state courts
hear arguments from lawyers representing both sides of case, study briefs which those lawyers submit, and examine trial records to see how case was handled in lower court
not normally concerned with facts of case
seeks to determine whether law was correctly interpreted and applied by lower court
decision may be reviewed by state’s highest court
Describe state supreme court
> at top of state’s judicial system
usually 5 or 7 justices who sit on state supreme court (In Delaware, only 3 justices)
justices appointed by governor in about 1/2 of states, in others justices are chosen by voters, and in others justices are chosen by legislators
does not conduct trials
hears appeals and reviews cases from lower state courts
justices must sometimes decide whether to uphold state law or local ordinance or to declare it unconstitutional according to state constitution
may also give advisory opinions to governor or to legislature as to constitutionality of proposed executive or legislative action
generally court of last resort, highest court to which case can be appealed
Describe jury system
> jury-group of people selected to ascertain truth on basis of evidence presented to them
jury selection different in each state
witness aids judicial process by testifying under oath about what he has seen and heard in regard to particular case
