Check Sound Check Mike

1. Check Sound Check Mike Time

2. Today’s Lecture: The Court System 1. Function/Types of Trial Courts 2. Organization and Structure 3. Court Culture

3. Lecture Organization: • Class Announcements • Brief Review • Let’s Get Some Perspective • The Trial Court • Magistrate Courts • State Court Systems • Federal Court Systems • Court Culture Time • Your Paper

4. Class Announcements • 1. First quiz posted on Monday the 17th • -- you will have until Monday 24th to take it • -- timed • -- treat it as an exam, not homework Questions? Time

5. Review • 1. The purpose of the jury • jury = layperson workgroup • Used because of • -- distrust of government authority • -- perceived legitimacy for the fate of litigants • -- judge’s institutional socialization • -- workgroup dynamic • -- important completion to the adversary system’s alteration of police state power (giving power to attorneys and “Edith”)

6. Review • 2. common myths about jury use -- • “peers” judge you • “community” judges you • 3. juries sometimes decide differently than judges do • 4. Jury nullification • -- power to ignore the law • -- this was a POWER, not a right • (only in criminal cases)

7. Review • 5. some forgotten points -- • A. right of the jury trial is not available in all cases • -- “enough jeopardy” at stake • (e.g., enough money involved in a lawsuit) • (possibility of jail time in a criminal case) • B. note that they don’t give the jury and Johnny-Cochrane system to political enemies • -- e.g., Nuremberg trials, trial of Saddam Hussein, prisoners of war, etc. Time

8. Let’s Get Some Perspective • 1. The rules of monopoly … • -- why we are learning them • To understand the politics of the judicial branch, you must first understand its processes • 2. will present this material with temporal organization ..

9. Let’s say we want to take someone to court: What Court? Pretrial practice What For? A set of rules/decisions throughout the course of the case Pleadings Trial Appeal Getting information Settling Cases Frivolous or deficient cases Right paperwork Type of Case, Remedy Court structure, Organization and Culture Rules of Monopoly! Time

10. The Trial Court -- Let’s try to understand what this institution is …

11. Today’s Court System Supreme Court Appellate Courts Intermediate Appellate Court Name Trial Court “Trial Courts” Question: What is the difference appellate and trial courts? Question: Do appellate courts have trials? Question: What is a trial? Description Question: Why not? “Magistrate Courts”

12. Today’s Court System Supreme Court Corporation A Corporation B Appellate Courts “Law” (precedent) The Record (also, verdict) Intermediate Appellate Court Notice I took the magistrate court out for now. (explained later) Trial Court “Trial Courts” Question: What product do each of these corporations manufacture? What is it that each is organized to produce? “Magistrate Courts”

13. The Trial Court • -- Let’s try to understand what this institution is … • -- the formal collection of all the “stuff” constituting evidence in the case • testimony (witness stand) • physical evidence (gun, fingerprints, documents, blood) • “tangible evidence” “The Record” Forms of Evidence

14. The Trial Court • 1. Court reporter (stenographer) • -- taking down all the testimony, all the statements made in the courtroom • 2. Attorney must “move” to admit tangible evidence • -- if granted, it gets marked, labeled and admitted • 3. When the record is complete, it consists of a TRANSCRIPT of testimony and all the EXHIBITS. • -- huge publication (book-like) How the Record is Produced E.g., Exhibit A Answer: So you can appeal your case to an appellate court Question: Why do they make a record?

15. 1. appellate courts do not have “trials” Supreme Court Appellate Courts (no testimony, no jury) 2. they read the record to see if any errors occurred. Intermediate Appellate Court Appeal Trial Court “Trial Courts” “Magistrate Courts” Time

16. “Magistrate” Courts • 1. Lowest-ranking of the trial courts • -- sometimes called “small claims court” • -- very often, a story-telling court (Judge Judy) • -- informal procedures (sometimes, no lawyers) • 2. City courts or traffic courts have the same status • 3. In many states, the judge does not even have to be a lawyer • -- go off to “schooling” for two weeks • 4. Difference between the jurisdiction of magistrate courts and city courts …

17. When there are multiple governments, there are multiple court systems In all other respects, they are the same type of judicial institution. Jud Leg Government Exec State City Decides disputes about law breaking Write the laws Police Magistrate Court hears petty state offenses City Court hears petty city offenses (ordinances)

18. “Magistrate” Courts • 4. Many of these courts may not have “records.” • -- no court reporter present • -- sometimes, they have tape recorders, and that is considered “the record” • -- you get to try it all over again in the real trial court. • (a second bite at the apple) Trial De Novo Question: How do you appeal if there is no record? Question: What happens if you lose in a recordless court – what recourse do you have? Question: What if the inferior court has a record – what court hears the appeal? Answer: The trial court, but the appeal is “on the record” (just like an appellate court) My name for recordless courts (magistrate or city courts) is …. INFERIOR TRIBUNALS Time

19. The State Court Systems -- Let’s take a more complicated look at the organization of the judiciary …

20. Basic State Court System Supreme Court Question: Give me an example of a specialized trial court Intermediate Appellate Court “General Trial Court” Court of General Jurisdiction Trial Court Felony Trials Bigger Civil Cases Specialized Courts Bankruptcy – (federal system) specialized trial courts Family Court– (state system) Magistrate or city courts “story-telling courts” Misdemeanors Smaller civil cases Juvenile Court– (state system) Tax Court – (federal system)

21. Basic State Court System Supreme Court Appeals … Question: What type of appeal is it? Question: Where does an appeal from this court go to? Answer: Always on the record; never de novo Answer: Always on the record; never de novo Question: What about appeals from this court? Intermediate Appellate Court Specialized Courts Trial Court No record = de novo; Record = normal appeal. Inferior Courts

22. Basic State Court System Supreme Court One additional Court … Intermediate Appellate Court Appeals are “on the record,” but are less deferential Specialized Courts Trial Court “Agency Tribunal” Inferior Courts Hear evidence/conduct the trial, and then issue a report to the trial judge “Referees” “Commissioners” Appointed as agents of the trial court for a particular case or issue Businesses and receivership

23. Basic State Court System They can refuse your case no matter how good it is Supreme Court Discretionary Review Justices tend to have long terms; Many states = run for election Question: How is the appeal from the trial court handled? Question: What if your state doesn’t HAVE one of these? Appeals go into the federal system Appellate Courts… E.g., Writ of Certiorari 7 States are like this??? Intermediate Appellate Court Automatic Right of Appeal They cannot refuse you; the case HAS to be heard Still Discretionary! One local judge, and that’s it! West Virginia is one of them Specialized Courts Trial Court Inferior Courts Time

24. Federal Court System -- so far, we’ve talked about the organization of the state court system. -- the federal court system is really no different in structure -- one difference will be the names of the courts …

25. What’s in a name? Accepts a small fraction of cases Supreme Court Discretionary Review 9 Justices appointed for life “Circuit Courts” 11 federal appellate circuits in America Intermediate Appellate Court West Virginia – “circuit courts” New Jersey – “superior court” Pennsylvania – District Court?? Trial Court “District Courts” Specialized Courts Functions as a agency tribunal or a trial court for smaller offenses Bankruptcy Can only appeal “errors” No such thing as a recordless court!!! Magistrate Courts Tax Court Time

26. Court Culture • 1. Magistrate/city courts (state courts) – • -- informal culture • -- lawyers, when present, joke with the judge (tell gossip) • -- maybe call each other by first names • -- procedures are informal • -- judge does not have to be a lawyer • -- usually runs for office???

27. Court Culture • 2. Trial Court (state courts) -- • -- formalized culture • -- judge wears a costume, sits up higher • -- lawyers almost always present • -- procedures are formal (rules of evidence, pleading) • -- judge is a lawyer with 5 years practicing experience • -- in many states, runs for election • -- considered an elite within the local attorney culture

28. Court Culture • 3. Federal court culture -- • -- highly over glorified bureaucracy • (my first time in federal court) • [security, crystal, courtroom, defendant tables] • -- district court judges appointed for life • -- circuit judges appointed for life • -- larger courtrooms, better clerks, better support staff, better security • -- considered an elite within the local attorney culture

29. Court Culture • 4. Federal magistrate -- • -- lawyer, with experience, appointed to a fixed term (5 years??) • -- always a court of record • -- will handle some procedural issues in major criminal cases [e.g., referring a suppression issues] • -- presides over its own trials for misdemeanors and minor civil cases • -- there is no such thing as a story-telling court • -- procedure and culture are as formal -– perhaps more -– than in state trial courts Time

30. Your Paper • 1. Field research paper • -- due at the end of the semester (date in syllabus) • -- no extensions of the deadline • 2. Basic requirements • (a) observation paper: go see at least two court hearings (30 minutes per subject). • (b) interview paper: interview at least 2 members of the profession (approx. 30 minutes each)

31. Your Paper • 3. Write a paper about your experience: • Observation paper? • -- write about what you saw • Interview paper? • -- ask questions and report on what was said • (I will post on ANGEL a list of questions for you to ask) • 4. We can talk more about this later, but for now • -- Start lining up your subjects! • -- Have them lined up by next month

32. Your Paper • -- Call the courthouses either here in State College (Bellefonte) or in your home town (Thanksgiving) • -- Or, call the lawyers/judges you want to interview, • -- Make sure your subjects are lined up in about a month • 4. Grading criteria: • -- 30 minutes per subject is a minimum. • -- have to have at least two 30 minute subjects and an 8-10 page paper in order to get the lowest C.

33. Time Your Paper • -- things that will improve your grade: • (a) subjects that are longer than 30 minutes • (b) more two 30 minute subjects • (c) a quality subject comparison [explain] • (d) validly exceeding 8-10 pages [explain] • [give examples of good papers] • -- you should be able to get about 4-5 pages per 30 minute subject. • -- this is an easy grade if you do not procrastinate. • -- will buffer the midterm failure. Questions? Get started lining up your subjects!