Business Law Essential - PowerPoint Presentation

Business LawEssential Standard 1.00Objective 1.02 Understand C ourt Systems and T rial P rocedures

Court

JurisdictionThe original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court’s decision.

Federal CourtsU. S. Supreme Court: Has both original and appellate jurisdiction. The most important function of this court is to exercise its appellate jurisdiction over cases from lower courts. U. S. Court of Appeals: Has appellate jurisdiction over the district courts . These courts do not accept any new evidence or call witnesses. They review the trial transcripts, legal briefs and oral arguments from attorneys. There are (13) Federal Courts of Appeal. (12) of these are Circuit Courts and each is assigned a geographic area of the U. S. The thirteenth court is assigned to the federal circuit and handles appealed patent cases from district court and appeals from courts with special jurisdictions. U. S. District Courts: The lowest level of Federal court with general jurisdiction. US District courts have original jurisdiction over most federal court cases . This is the trial court or first to hear the dispute in the Federal system. It has the power to determine the facts and make initial determinations.

N. C. State CourtsN. C. Supreme Court: State’s highest court. Questions the law. This court has a Chief Justice and six associate justices who sit as a body and decide cases appealed from lower courts. They have no jury N. C. Court of Appeals: Intermediate appellate court that decides only questions of law .Created to relieve the Supreme Court of a portion of its heavy load. It has 15 judges who sit in panels of three to hear cases. One is the Chief Judge of the court of appeals. N. C. Superior Court: made up of two divisions: Superior and District Court. These are the trial court divisions that hold trials to determine the facts of cases. This court sits at least twice a year in each county of the state. In busy counties several sessions may be held each week

N. C. State Courts (continued)N. C. District CourtHold trials to determine the facts of cases. Divided into: Magistrates’ Court Civil Court Criminal Court Juvenile Court

Magistrates Court (NC district courts)Hold court in both civil and criminal matters as officers of the district court under the supervisory authority of the chief district court judge. They generally are assigned by the chief district court judge to preside over “small Claims” court.

Civil Court (NC District Courts)The civil jurisdiction of the trial court divisions- the superior court and district court – is concurrent. This means that for most civil cases, the case can be filed in either court.

Criminal Court (NC District Courts)The criminal jurisdiction of the trial courts depends on the type of offense charged, but ultimately all crimes are within the jurisdiction of the superior court. With a few exceptions, the superior court has exclusive jurisdiction over all felonies.

Arrest A person who has allegedly committed a felony offense or a serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons.Initial Bail The magistrate sets an initial bail-bond amount in order for the person charged to be released after the arrested person is taken before a magistrate. Arraignment/Initial Hearing The charged person is brought before a judge to determine probable cause and set any bail requirements. Grand Jury Panel of 18 randomly selected citizens for a trial to determine if probable cause exists for the case to go to trial. Trial Procedures: Criminal Cases

Trial Procedures: Civil CasesComplainant (Plaintiff): person or entity bringing or filing the lawsuit Defendant: person or entity against which the lawsuit is brought Complaint: initial pleading by which a lawsuit is begun Answer: response to a civil complaint Summons: official notice of the lawsuit that is issued by the Clerk of Court Pleadings : papers requesting something or responding to a request that are filed in the case, including the complaint and answer

Steps to a Trial (Criminal and Civil)Jury Selection Voir dire : attorneys for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification. Opening Statement: Given at the beginning of the trial. Sets the basic scene for the jurors by outlining facts and introduce them to the core dispute(s) in the case. Testimony Declaration by a witness under oath. Evidence Presentation: Items that can corroborate or refute the testimony of other witnesses. Closing Arguments : Used to persuade jurors to adopt an interpretation favorable to each sides position. Jury Instructions: Given by the trial judge that state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.

Jury Deliberation: Jury is charged to find the defendant guilty or not guilty:by all 12 members in criminal casesby the majority of the jurors in a civil trial Verdict/Sentence In a criminal trial, the jury must make a decision beyond a reasonable doubt In a civil trial, the jury must make a decision by a preponderance of the evidence. It is sometimes called a judgment in civil trial. Steps to a Trial (Criminal and Civil)