chapters 9 and 10 courts and trial process. jurisdiction the court has the power to hear the case

Chapters 9 and 10

Courts

AND

Trial Process

Jurisdiction

The Court has the power to hear the case.

Original Jurisdiction

The power to hear the case in the first instance or from the beginning.

Appellate Jurisdiction

Authority to review a lower court’s decision.

Concurrent Jurisdiction

Two courts have jurisdiction of the same case.

Federal Courts

Article III Section 1 of U.S. Constitution

District Court (94)Tennessee Federal District Courts

Western, Middle, Eastern

Court of Appeals (13)Tennessee Sixth Circuit Court of

Appeals

U.S. Supreme Court – Marbury v. Madison

FEDERAL COURTS JURISDICTION

TYPES OF CASES

1. Cases arising under the U.S. Constitution

2. Cases arising under the federal laws and treaties.

3. Cases of admiralty or maritime law.

Federal Courts Jurisdiction Types of people

The United States and one of its officers; An ambassador or consul or official of a foreign government; One state suing another state, or a citizen of another state; Citizens of a state, or a state itself, suing a foreign government or foreign citizen; and Citizens of different states suing one another. ($75,000)

Tennessee State Courts

Municipal Courts

Under the laws and ordinances of the city (municipality)


General Sessions Courts

1. Criminal – no juryA. Felony – preliminary hearingB. Misdemeanor – waives grand jury indictment and

trial by jury.

2. Civil (One party v. another party)1. Divorces2. Suits claiming up to $25,000 3. Contract disputes

3. Varies from county to county


Juvenile Court General Sessions

1. Delinquency

2. Abuse and Neglect

3. Child Custody

4. Status offenses

5. Divorces


Criminal Courts:

1. All felonies and misdemeanors

2. Jury Trial

3. After indictment

4. Appeals from bench trial in General Sessions

5. 13 of 31 State districts


Circuit Court

1. Contracts over $502. Divorces and Adoptions3. Personal Injury Cases4. Criminal Cases where there is no Criminal

Court.5. Appeals from Juvenile, Municipal and

General Sessions6. ETC.


Chancery Court

1. Debtor/Creditor2. Boundary Disputes3. Persons of unsound minds4. Divorce and Adoption5. Probate Court6. ETC.


COURT OF APPEALS

1. Appeals from Chancery Court and Circuit Court.

2. Non-criminal cases. Civil Cases.


Court of Criminal Appeals

1. Appeals of Criminal cases.

2. Except Capital Cases which are appealed directly to the Tennessee Supreme Court.


Supreme Court

Appeals from Court of Appeals and Court of Criminal Appeals.

Interpret laws and Constitutions of Tennessee and U.S.

Capital Cases appealed directly.

Claim your Jurisdiction

Lily shoots and kills her husband in Tennessee. The prosecutor brings charges in which court?


Lily appeals her conviction in Criminal Court for murder in the second degree to which court?


Hope is charged with a misdemeanor assault in which court?


Jake’s landlord refuses to return his damage deposit of $450 even though the apartment is in excellent condition. Jake wants to sue his landlord, but doesn't want to hire a lawyer. In which court can Jake file suit?


Rickey has been convicted of murder in Criminal Court and his sentence is the death penalty. He appeals his case to which court?


Edie is being tried for burning the American flag in front of the Post Office. The U.S. Attorney files charges against her.


Edie appeals her conviction of defacing an American flag to which court?


Rebecca Black sues a famous band for stealing her song and violating her copyright in which court? They live in different states.


Niki is cited for wearing a mask without a permit, in Hendersonville. Which court will hear her case?


Emily was in a car accident in which she injured her neck. She sues the driver of the other car for $60,000 because she can’t sit long enough to watch Dancing with the Stars anymore. She files suit in which court?


Bryce was convicted of burglary in the first degree by a jury in Criminal Court. He appeals his conviction to which court?


The U.S. District Court for the Western District of Tennessee rules that the state initiative to terminate mandatory busing violates the equal protection clause of the U.S. Constitution. The state of Tennessee appeals to which court?


The U.S. Court of Appeals for the Sixth Circuit upholds the U.S. District Court's ruling that the state initiative to terminate mandatory busing is unconstitutional. The state appeals to which court?


A Criminal Court judge rules that the state law against cross burning is unconstitutional. The prosecutor appeals this decision to which court?


Rachel is arrested for driving under the influence within the Hendersonville city limits. In which court is she charged?


Sarah, who lives in Nashville, crashes her car into Hope's sports utility vehicle, causing injuries and damages of $120,000. Hope, who is from Florida, files a lawsuit in which court?


Disabled individuals appeal a jury verdict that a movie theater had violated their rights under the Federal Americans with Disabilities Act. In which court is the appeal filed?


Inmates ask this court to review their case from the state's supreme court, claiming that the jail failed to provide them with basic human needs in violation of their constitutional rights.


The State Court of Criminal Appeals overturns Lily’s conviction for selling drugs, based on an illegal search and seizure. The state asks which court to review the decision?


Niki is cited for sitting on the sidewalk in violation of a local ordinance. In which court will her case be tried?


Niki wants to appeal her conviction for the violation of the anti-sidewalk sitting city ordinance. Where can she file the appeal?


Hope, who is 15, is charged with assault for hitting Jake. In which court will Hope’s case be heard?


Hope wants to appeal her conviction in Juvenile Court. Where can she file?


Edie has been charged and convicted of murder. Edie argues that her constitutional right against self-incrimination was violated when the police continued to question her after she had invoked her 5th Amendment rights. The Tennessee Supreme Court decided that her rights were not violated. What court will Edie ask to review her case?


Sarah injured Jacob when her boat collided with the jet ski he was riding in the Atlantic. Jacob wants to sue Sarah. Where can he file the lawsuit?


Sarah wants to appeal the jury verdict against her in the suit filed by Jacob. The jury awarded Jacob $1,000,000 in damages against Sarah. Where can Sarah file the appeal?


Shawn and Henry are neighbors and have been arguing for years over who owns the tree on the side of their houses. Shawn wants to file suit against Henry. Where can he file?


Shawn wants to appeal the judges’ decision in his property dispute case with Henry. Where can he file his appeal?


Lily and Jacob want to get a divorce. Where can they file the case?


Jacob wants to appeal the jury verdict in his contract dispute against Tanner. The jury awarded Tanner $60,000 in damages. Where can Jacob file his appeal?


Anna has not been at school for the past 45 days. Where would her truancy case be held?


Christie dies intestate (without a will) which court will the probate case be filed in?

U.S. and TN Supreme Court

Find out who is on the court.

Find out who appointed them.

Find out the process of getting on and staying on the court.

US Supreme Court

John G. Roberts Jr. – nominated by George W. Bush – September 29, 2005

Antonin Scalia – nominated by President Reagan – September 26, 1986

Anthony Kennedy – nominated by President Reagan – February 18, 1988

US Supreme Court

Clarence Thomas – nominated by President Bush – October 23, 1991

Ruth Bader Ginsburg- President Clinton – August 10, 1993

Stephen Breyer – President Clinton – August 3, 1994

US Supreme Court

Samuel Alito – President Bush – January 31, 2006

Sonia Sotomayor – President Obama, 2009

Elena Kagen, President Obama, 2010

TENNESSEE SUPREME COURT

Chief Justice Janice Holder – Appointed 1996

Cornelia Clark – Appointed 2005

Gary Wade – Appointed 2006

William Koch – Appointed 2007

Sharon Lee – Appointed 2008

Every 8 years retained on a retention question.

Group work - Drawing

Within your group – find out who all the players in a criminal trial are.

Get a piece of butcher paper. You choose the color.

Draw a criminal courtroom scene. You must label all of the players.

You can draw stick figures.

Steps in Criminal TrialPRETRIAL

Crime

Investigation

Arrest

First Appearance

Preliminary Hearing

Indictment

Arraignment in trial court

Steps in Criminal TrialPRETRIAL

Pre-trial motions

Pre-trial conference

Plea Bargaining

THE TRIAL

CRIMINAL TRIALJury Selection

Opening StatementsProsecutorDefendant

State’s CaseProsecutor’s direct examinationDefendant’s cross examination

Motion for Directed Verdict

Steps in Criminal Trial

Defense’s CaseDefendant’s direct examinationProsecutor’s cross examination

Rebuttal by prosecutor

Steps in a Criminal Trial

Jury Instructions

Closing StatementsProsecutorDefenseResponse by Prosecutor

Steps in Criminal Trial

Jury DeliberationsVerdictMotion for a new trialSentencingAppeals

Steps in a Civil Trial

ComplaintSummonsAnswer Counterclaim

ReplyMotions Discovery Summary Judgment Dismiss


DiscoveryInterrogatoriesDepositionsProductions of documents by

subpoena

Pre-trial Conferences

Settlements


Voir Dire

Opening StatementsPlaintiffDefendant

Plaintiff’s CasePlaintiff direct examinationDefendant cross examination



Defendant’s CaseDefendant direct examinationPlaintiff cross examination

Plaintiff’s rebuttal



Closing ArgumentsPlaintiffDefendant

Jury InstructionsVerdictMotionsNotwithstanding the verdictNew Trial


Judgment

Appeals

6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;

6th Amendment

to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

6th Amendment

RANK THE 6th Amendment Rights 1-7Right to speedy trialRight to public trialRight to impartial juryRight to notice of chargesRight to confront witnessesRight to present witnesses on your behalfRight to assistance of counsel

Gideon v. Wainwright

What was Mr. Gideon charged with?

How well did Gideon defend himself? Give 2 reasons

What could a lawyer have done differently? Name 2 things.


Can the average person who is literate and competent adequately defend himself/herself at trial? Why or Why not?


What did Gideon's lawyer do that was different from what Gideon had done? How did his knowledge of courtroom procedure, his investigative tactics, and his ability to question witnesses affect the outcome of the trial? Based on the clip you have seen and what you already know, do you think the Supreme Court made an appropriate decision?


Look at document www.landmarkcases.org

Answer the questions on the handout.

Come back and discuss with a group for 3 minutes.

Discuss as class.

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bail

Release on Own Recognizance

Property Bond

Cash Bond

Bail Bondsman

Signature Bonds

Conditions of Release

Bail

Risk of flight

Ties to the community

Seriousness of the crime

Risk of harm to the public if released

Preventive detention

Preliminary Hearing

Probable Cause Hearing – judge – General Sessions

Defendant has the right to question witnesses.

Probable Cause to believe a crime was committed.

Probable Cause to believe the accused committed the crime.

The Grand Jury

Prosecution’s case only

Federal Government and ½ of states

23 people

Return an Indictment- called a true bill.

Arraignment in trial court

Plea Bargaining

TYPES

Not Guilty

Nolo Contendere No Contest Alford Plea

Guilty

Plea Bargaining

CHARACTERISTICS:

Pleas must be voluntary and knowing

Defendant can withdraw a plea after it has been given.

Approximately 90% of cases are resolved through plea bargains.

Plea Bargaining

Characteristics Cont.Must be on the record:

Informed of rights he/she is waivingDetermine if it is voluntary.Disclose plea agreementsMake sure there is a factual basis for the plea.

Pretrial Motions

Motion for Discovery

Motion to Suppress Evidence

Motion to Dismiss

Motion for Severance of Defendants

Motion for Mistrial

Motion for New Trial

Motion for change of venue

Which Motion?

Taylor is charged with possession with intent to sell cocaine. She wants to know what evidence the prosecutor has on her. What motion should she file?

Taylor believes that the search of her home was in violation of her 4th Amendment Rights. What motion should she file?

Which Motion

Jacki, the confidential informant who bought the cocaine from Taylor, can’t be located and has not shown up in court on the day set for trial. What motion should Taylor make?

Which Motion?

The case against Taylor has been all over the news for the past 6 months because she is a high ranking political figure in Hendersonville. Everyone in Hendersonville has heard of the charges. What Motion should Taylor file?

Which Motion?

Penny is charged with robbing a convenience store. There are three other people charged. Penny claims she was at home alone watching High School Musical 3 when the store was robbed. Her three co-defendants have lengthy criminal records including many robberies. What motion will she want to file?

Which Motion?

After Penny is convicted, it is discovered that there was not a 4th person in the video footage from the robbery. What motion will she want to file?

chapters 9 and 10 courts and trial process. jurisdiction the court has the power to hear the case

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