Original jurisdiction refers to the authority of a court to hear cases arising within its geographic area or involving certain law violations. Appellate jurisdiction is the authority of a court to review decisions of lower courts. Judicial review refers to the US Supreme Court's power to determine if laws and decisions align with the Constitution. Other legal terms discussed include bail, release on recognizance, subpoenas, nolo contendere pleas, speedy trial acts, direct and circumstantial evidence, hearsay rules, changes of venue, aggravating and mitigating circumstances, and writs of habeas corpus.
You can still plea for your freedom even after your criminal sentence. Learn how you can do this with this presentation courtesy of Atty. Ross Goodman. You can also read the blog version here:
when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.
You can still plea for your freedom even after your criminal sentence. Learn how you can do this with this presentation courtesy of Atty. Ross Goodman. You can also read the blog version here:
when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.
The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.
Judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.
This law is heavily influenced by Philippine law (PRESIDENTIAL DECREE NO. 968). Individuals convicted of a crime may be excused from their punishments for a specified period of time, and the court will monitor them. The court will agree that it is preferable for the offender to avoid prison and instead be monitored by the judge. Because the law's objective is not only to punish criminals by imprisoning them, but also to assist them in changing for the better in settings other than prison, such as those on probation.
The formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty.
Judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.
This law is heavily influenced by Philippine law (PRESIDENTIAL DECREE NO. 968). Individuals convicted of a crime may be excused from their punishments for a specified period of time, and the court will monitor them. The court will agree that it is preferable for the offender to avoid prison and instead be monitored by the judge. Because the law's objective is not only to punish criminals by imprisoning them, but also to assist them in changing for the better in settings other than prison, such as those on probation.
Chapter 2 – The Resolution of Private DisputesUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
In summary, a defendant enjoys at least three important constituti.docxbradburgess22840
In summary, a defendant enjoys at least three important constitutional rights during the sentencing process: (1) the right not to be put twice in jeopardy; (2) the right to a sentence that conforms with the Eighth Amendment’s proscription against cruel and unusual punishment; and (3) the right to counsel at sentencing-related hearings, regardless of his or her ability to afford representation.
APPEALS and HABEAS CORPUS
1:APPEALS
An appeal occurs when an appellate court, such as one of the federal courts of appeal, examines a lower court’s decision in order to determine whether the proper procedure was followed or the correct law was applied. In other words, when a defendant appeals, he or she is claiming that the court made an error. Thus, the appeal guarantees that a defendant who is found guilty can challenge his or her conviction. Further, the appeal442443guarantees that another judge or panel of judges, disconnected from the initial trial, will make the relevant decision.
Although appealing convictions is an important part of the criminal process, the Supreme Court has never held that doing so is constitutionally permissible. That is, nowhere does the U.S. Constitution specify that a certain number of appeals will be granted to each convicted criminal. InMcKane v. Durston (153 U.S. 684 [1894]), the Supreme Court stated, “A review by an appellate court of the final judgment in a criminal case, however grave the offense of which the accused is convicted, was not at common law, and is not now, a necessary element of due process of law” (p. 687).
Most appeals are posttrial in nature and filed by the defense, which is why this topic is being discussed at the end of this book. However, in some situations, the defense appeals a court’s decision, such as on a motion to suppress evidence, during the trial. And in some instances, the prosecution can even file an appeal. Thus, this chapter will consider three types of appeals: (1) appeals by the defense prior to adjudication; (2) appeals by the defense after adjudication; and (3) appeals by the prosecution. First, however, it is important to review the common types of appeals and their consequences and the important Supreme Court cases dealing with the appellate process (i.e., the procedures courts are required to follow).■ Types and Effects of Appeals
Despite the Supreme Court’s view that appealing one’s conviction is not constitutionally guaranteed, every state and the federal government each has rules providing a certain number of appeals to a convicted criminal. At both the state and federal levels, a convicted criminal is usually granted at least one appeal of right, also known as a direct appeal, and at least one discretionary appeal.
An appeal of right, or a direct appeal, is automatically granted to the defendant by law. That is, an appeal of right must be heard by an appellate court. It is not up to the appellate court to decide whether to hear such an appeal. By contrast, the appellate .
This presentation, to accompany section 15.3, reviews earlier concepts such as habeas corpus, bill of attainder, and ex post facto laws. It also introduces aspects of the legal system: bail, and plea bargain.
ACC 150THE LEGAL ENVIRONMENT OF BUSINESSWith Doreen .docxbartholomeocoombs
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 2
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THE COURT SYSTEM AND DISPUTE RESOLUTION OVERVIEWThe Court SystemFederal and state courtsThe Court ProcedureThe procedural steps for a lawsuit when the case goes to trial.Alternative Dispute ResolutionWhen parties resolve a dispute using alternative methods of resolution (don’t go to trial).
THE COURT SYSTEM
What is a court? Tribunal established by law to:
Hear and decide matters brought before it,
Provide remedies (this would include monetary damages and equitable relief) when wrongs have been committed, and
Prevent possible future wrongs.
Courts award money damages and provide equitable relief.
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THE COURT SYSTEMJurisdictionCourt’s power to hear a court case; the power to act over a particular defendant. Subject matter jurisdiction Jurisdiction over the subject matter of a case. For example, the Federal Bankruptcy Court cannot hear a divorce case.General jurisdictionCourt that can hear most controversiesLimited jurisdictionCourt that can hear only a particular type of case. Such as the Federal Bankruptcy Court can only hear bankruptcy cases.
Chapter Two
THE COURT SYSTEMPersonal jurisdiction (not covered in textbook but should be covered)This is the power of a court over a particular person (second part of jurisdiction definition).Example: You had a car accident with a Mr. Jones who lives in California. The car accident happened in Pennsylvania and you are a resident of Pennsylvania. You have never been to California. Mr. Jones sues you in California. The California court would lack personal jurisdiction over you.
COURT SYSTEMThe courts in the United States are organized into the state and federal court systems, each (generally) with three levels: trial courts (has original jurisdiction).appellate courts.a supreme court.Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.Appellate jurisdiction reviews the work of a lower court. No trials occur in an appellate court. This court determines whether the judgment of a lower court was correct.
Chapter Two
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THE FEDERAL COURTS
Chapter Two
United States
Supreme Court
United States Court
Of Appeals
United States
District Court
The U.S. District Court is the trial court in Pennsylvania we have 3 Courts.—the local one is the U.S. District Ct. for the Eastern District of PA
The U.S. Ct. of Appeals is the first appellate court. Pennsylvania is in the 3rd Circuit.
The U.S. Supreme Court is the final appellate court.
PENNSYLVANIA COURTS
Chapter Two
*The Commonwealth Court only hears appeals relating to local or
state government. The Superior Court hears all other appeals.
**De Novo –means over again. In this situation, you can appeal a district justice case and have the entire case tried over again.
Supreme Court of Pennsylvania
Commonwealth Court*
Superior Court
Court of Common Pleas–
Tria.
Legal language is well known for its unusual words and terms. It is very difficult for a common person to understand the meaning of the words that are used in legal language.
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Defendant’s Rights
Name
School
Class
Date
Pretrial
A proceeding held by a judge, arbitrator, etc., before a trial to simplify the issues of law and fact and stipulate certain matters between the parties, in order to expedite justice and curtail costs at the trial.
access.org
The pre-trial process starts when a pre-trial judge gives his/her confirmation about an indictment. The indictment can remain sealed after being confirmed to make sure of the participation of the defendant at trial. Take note that the pre-trial judge has power to issue arrest warrants and summonses to appear. Many citizens usually think that the real action in criminal courts takes place during trials. However, they are wrong in this assessment. Over 90% of the criminal cases are usually disposed by the guilty pleas and not trials. Most of these guilty pleas are outcomes of agreements made between defense attorneys and prosecutors.
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Speedy Trial
The Sixth Amendment of the United States constitution guarantees those accused of a criminal offense a speedy trial.
Coindesk.com
According to the amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . and to be informed of the nature and cause of the accusation; 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.”Speedy trial is mostly reached through an impartial jury. This implies that the defendant must appear for a trial for his/her alleged offenses within a reasonably shorter period of time after his/her arrest. Similarly, before the defendant is convicted of many crimes, he/she has a constitutional right being tried by a jury where he must be found guilty before the actual trial. Although most states in the United states have laws which are set where trial must be conducted after the charges are filed, the issue of knowing whether the trial is speedy under Sixth Amendment or not comes down according to the circumstances.
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Speedy Trial Cont..
As the offender is entitled to a speedy trial. The victim and the victim's family should be entitled to see a speedy administration of justice. Waiting 10 years to see justice is further offensive to the family.
By: John Ross
QUOTEHD.COM
Impartial Judge The judge have power in both common and civil law criminal justice systems.
The U.S. Constitution guarantees the right to trial by unbiased and impartial judge.In the legal system of the United States, judicial impartiality is a basic concept component for justice.
The criminal justice system gives judges a lot of power in both common law and civil law. This power is however disproportionally large as compared to both the prosecutor and criminal defense lawyer. The U.S. constitution guarantees the right to trial by unbiased and impartial judge. ...
1. Original jurisdiction : the lawful authority of a court to hear cases that arise within a specified geographic area or that involve particular kinds of a law violations.
2. Bail The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody
3. Release on Recognizance (ROR) The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.
4. Third Party Custody An alternative to bail that assigns custody of the defendant to an individual or agency that promises to ensure his or her later return appearance in court
5. Appellate jurisdiction : the lawful authority of a court to review a decision made by a lower court.
6.
7. Subpoena : a written document to officially notify a witness that they are to appear in court to testify
8. Nolo Contendere: (no contest) Used when the defendant does not want to contest conviction. Because to plea does not admit guilt. *Spiro Agnew
9. Speedy Trial Act: (1974) Federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment . *180 days in Maryland. Guaranteed by the 6 th amendment: “speedy and public”
10. Drawbacks: the ability of the criminal justice system to opirate effectively and efficiently has been severely impeded… resources are misdirected, cases proceed to trial inadequately…~a federal judge
11. Direct evidence Proves a fact without requiring the judge or jury to draw inferences. For example, a photo or videotape.
12. Circumstantial evidence Indirect and requires a judge or jury to make an inference. Ex: someone testified to hearing gunshots and saw a person running, but didn’t see the actual shooting.
13. Hearsay rule: Can’t be used in American courts. Anything not based on the personal knowledge of a witness.
14. Change of Venue: Trial is moved to another jurisdiction less exposed to the publicity. Under separate allowances, trials may be postponed to give an event a chance to cool off, or jury screening can occur to prevent bias.
15. Aggravating circumstances: Indicates a greater degree of culpability which judges can take into consideration in imposing a sentence somewhat at variance from the presumptive term. Usually involving more heinous behavior, such as cruelty, injury, more than one victim, etc.
16. Mitigating circumstances: Indicates that a lesser sentence is called for and are similar to a legal defense. They only reduce criminal responsibility, not eliminate it. (Ex: cooperation with the investigating authority, surrender, good character, etc.)
17. Writ of Habeas Corpus: A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.