courts of general trial jurisdiction. most trial work is handled by courts of original jurisdiction...
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CHAPTER TENCOURTS OF GENERAL TRIAL JURISDICTION
Most trial work is handled by courts of original jurisdiction
May have limited or general jurisdiction
May be unified or specialized
May handle cases at law or equity
May be state or locally funded
Most judges are licensed attorneys
Introduction
State court variation
Time that state entered the Union
Political culture
Local legal culture
State traditions
Creation of State Courts
Defined by state constitutions
Authority to define jurisdiction is delegated to legislature
Varies among the states
May be divided at various levels
State Court Jurisdiction
Level I Celebrated cases Public eye, media coverage
Level II Most serious felonies High percentage go to trial Defendants face long sentences
Level III Less serious felonies Property, drug, and vice offenses Large amount of plea bargaining
Level IV Misdemeanor cases Vast majority of cases Often processed by courts of limited jurisdiction
Wedding Cake Model
Trial Courts
Place where cases are originally heard and recorded
Hear evidence
Decide who wins and loses the case
Determine guilt or innocence
Determine remedies and sentences
Courts of Original Jurisdiction
Authorized to try any state crime
Distinguishing factors Fewer cases than courts of limited jurisdiction Courts of full record Presence of attorneys Presence of juries Dignified physical appearance Judges are trained attorneys
Courts of General Trial Jurisdiction
Majority of state cases
Financial motivation for case filing
Number of cases has decreased
Types of civil cases Breach of contract Tort claims Domestic relations issues
Civil Cases
Court protection of economic interests
One-third of civil cases
Buyers and sellers as plaintiffs
Breach of Contract
Private or civil wrong or injury
Court can provide damages as relief
Most common type of civil trial
Types of tort cases Automobile accidents Professional malpractice Premises liability Conversion Product liability Slander or libel Animal attack False arrest/imprisonment
Tort Claims
Center around families and marriages
Types of cases Divorces Annulments Disposition of wills Inheritance Paternity Child custody
Domestic Relations Issues
No constitutional right to counsel Attorneys may accept cases on a contingency fee
No speedy trial provision Cases may take a number of years to resolve Concern with the use of delay as a settlement strategy
May be difficult to resolve Complex issues Human emotions
Civil Case Features
Trends Growth in number of felony cases Decrease in property crimes Increase in felony drug convictions Decrease in violent offenses and weapons offenses
Felony cases take more time and personnel
Plea bargaining 80-90% of felony cases result in guilty pleas Majority of felony cases are not resolved through disputed trials
Criminal Cases
Established by Article III, Section 1 of the U.S. Constitution Established U.S. Supreme Court Allows Congress to determine the number, types, and jurisdiction of other
federal courts
Types of Courts Constitutional Courts
Created by Article III Have only judicial powers
Legislative Courts Created by Article I May exercise judicial, legislative, and administrative powers
Federal District Courts
Allowed for creation of lower federal courts
Created Circuit Courts of Appeals
Established the size of the U.S. Supreme Court
Appointment of U.S. Marshals, Attorneys, and Attorney General
District and circuit courts given limited jurisdiction
District and circuit court boundaries cannot cross a state line
Judges are chosen from the district or circuit in which they reside
Judiciary Act of 1789
Admiralty
Diversity of Citizenship
U.S. Government as a Party
Federal Crimes
Limitations May only hear cases and controversies Jurisdiction may be changed by court interpretations and Congressional
enactments
District Court Jurisdiction
U.S. Supreme Court
U.S. Court of Appeals for the Armed Forces
13 U.S. Courts of Appeals
94 district courts and specialized courts Federal courts of first instance Most federal cases do not progress beyond this stage Criminal and civil jurisdiction
Federal Court Structure
Most cases are heard by one judge
Jury trial
Overall trends Upward numbers of civil and criminal cases filed Increase in civil case filings in federal district court Four times the volume of civil cases over criminal cases
Workload of the Federal District Courts
Employment discrimination
Housing and accommodations
Welfare rights and benefits
Voting rights
Civil Rights Cases
Handled by the U.S. Attorneys
Decrease in violent offenses
Increase in property offenses
Decrease in drug offenses
Decrease in firearms and explosives
Increase in sex offenses
Increase in immigration offenses
Criminal Cases
Federal authorities have 30 days from arrest to file an information or bring an indictment
Case must be tried or charges dismissed within 70 days
Some extensions may be allowed
All states now have speedy trial provisions
Speedy Trial Act of 1974
43% increase from 1993 to 1997
Reached 1 million mark for the first time in 1996
96% were personal bankruptcies
Connected to the availability of consumer credit
Contribution of housing market crash in 2008
Bankruptcy Cases