Court System Both parties must pay for lawyers regardless of outcome Federal State Courts Appellate Process different from Litigation Process Appellate o Intellection exercise without evidence o Receive transcript of trial o Lawyers submit legal briefs Written arguments by attorney Recite facts statutes provisions o Most appeals unsuccessful o Defends appeals appellee Ohio Supreme Court above the appeals court Must submit documents o 2 Instances cases are accepted When a court of appeal goes against a different one 15 Courts of appeal in Ohio we are in 11 Death penalty cases all reviewed by OSC United State Supreme Court Appeals from all 50 State Supreme Courts Appeals from federal writ of certiorari only takes cases on appeal that they want to take total control Ohio Court System Jurisdiction has authority over Every party has ability to attest appeal decision of trial court to the next highest Court of Appeal Criminal Defendant Cannot appeal if found not guilty Civil cases both can appeal Must have subject matter jurisdiction power Jurisdiction over plaintiff defendant o Gets over defendant because they did something wrong Litigation process apprises explains defendant of violation must tell the people Many trial courts o Trial courts want to come up with terminations of fact Guilty not guilty Liable not liable o Has jurisdiction power over certain cases Probate Court o Jurisdiction power to handle death Before family can obtain net worth Must make sure debts taxes are paid o Adoptions o Mental commitment cases Protect person s health wealth pull the plug Juvenile Court o 18 o Paternity Maternity testing o Can remove children from parents Domestic Relations Court o Divorces Civil protection Municipal Court o Civil controversies if disputed amount 15 000 o Small claims minor disputes o Misdemeanor trial court Common Pleas Court o All civil cases regardless of dollar amount o Criminal felony case Ohio Court of Claims 1979 o If a person has a loss it s considered up to 10 000 10 000 then a judge is appointed o Victim s Assistance innocent person harmed killed family can get help First goes to Attorney General Max 50 000 o No right to appeal Chapter 1 Review What is Law Rules Due Process Fundamental fairness o Foundation of Legal System Constitution 1787 supplies laws o Has basic values we should follow o Not considered perfect when drafted now highly regarded o Considered political document o 1st 10 amendments Bill of Rights o Condoned slavery Statutes Ordinances Codes right below Constitution in importance o Legislative enactments by various bodies o Must act according to Constitution otherwise invalid Federal laws Statutes State Codes Local Ordinances Common Law compilation of the history of that particular issue o Court system issues decisions by judicial mandate that have precedent affect on our rights Power to interpret Constitutional needs o Judiciary Branch Judicial Review Determine if decisions are contrary to Constitution If yes Invalid Anti Profiling laws est in 1960 s Civil Laws legal disputes non criminal in nature Compensation o Courts must define rights to parties main o Usually monetary compensate individuals who were violated o No punishment o Even if injury death breach of contract property right o Preponderance of Evidence more evidence supporting 1 side than other quantity of evidence must be about 50 o 1 Contracts voluntary agreements o 2 Torts personal injuries Intentional purposeful Punitive Damages Compensatory Damages Negligence unintentional injury o 3 Property from society Punishment Criminal Laws punish wrongdoer fines jail probation execution prison remove Beyond a reasonable doubt 1 reasonable explanation defendant committed the violation 90 Prosecutor hasn t made case defendant not guilty o Plaintiff initiates Defendant defends o Initiate Government o Defendant Person or legal entity o Evidence typically more quantified o Misdemeanors Less serious violations County jail Less than 1 year in jail o Felonies Serious Violations State prison Greater than 1 year in prison 9 11 Sovereign Immunity from being sued w o consent o Can t sue the government Legal protection that prevents a sovereign state or person Only sued if they consent to being sued o King Queen can do no wrong therefore no right to redress them in court system o If someone in government hurts someone does something wrong then this court addresses the issue o Administrative Branch of Government responsive to society Civil laws govern day to day Substantive Laws creates defines regulates rights o Tort law hurt or damaged someone breached and compensates injured party with money o Business Laws govern business behavior transactions o Property Rights something taken away improperly courts try to give monetary benefit from loss Procedural Laws prescribes formal steps to be taken in enforcing legal rights Precedent stare decisis o Once a court has passed on a person s rights responsibilities in future cases court should make similar decision Probable Cause o Police must have observed minor violation Most things happen in State System Federal Court Diagram p 67 Administrative Agencies not really trial court Tax Courts tax cases Bankruptcy Courts bankruptcy cases Primary Trial Court Federal District Court 94 different districts 2 in Ohio Circuit Court of Appeals United States Supreme Court very top All cases come here from either discretionary appeal or federal circuit court Absolute discretion in what they want to hear only 100 125 year system writ of certiorari Original trial court in certain cases Lawsuit against states Boundary line issues Court of last resort US District Court Jurisdiction over fed crimes committed in that district Over certain civil cases Civil Cases in Federal Courts Federal Question Cases right to bear arms etc Eviction typically in Municipal court If there is a specific law passed in congress that a party believes has been infringed upon Federal Law or Privilege that addresses the issue then they have ability to pass judgment If based on race sex disability civil rights act 64 makes it a Federal law Jurisdiction on Diversity of Citizenship 2 things must be shown 1 Diversity of citizenship difference in citizenship state by state basis Litigants in different states Complete difference of citizenship between plaintiff defendant Amount in controversy must 75 000 2 Specific law granting power to district court to If party loses criminal case in court automatic appeal except
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