THE US COURT SYSTEM In pictures with explanations Themis, the goddess of justice

justice

court
One system of state and local courts and another system

of federal courts.

courts

Or
Common Pleas Courts

and limited by territory and type of case.
jurisdiction
The authority

of a court to hear and decide cases.

Eg. Local jurisdiction
Original jurisdiction
General jurisdiction
Criminal jurisdiction
Civil jurisdiction etc

jurisdiction)
- Issues and facts of law are FIRST tried and

determined
- Have GENERAL JYRISDICTION (civil and criminal)
-Probate, Domestic, Juvenile branches

State Courts of Appeal – decide if the law was correctly determined and applied by Common Pleas Courts


State Supreme Courts – courts of appeal and of last resort of cases arising under the state law
-decisions are FINAL and BINDING (=compulsory)
- hold no trials

District Courts - cases heard by a JUDGE
Issues and facts of law are FIRST tried and determined
- Have GENERAL JYRISDICTION (civil and criminal)
-Probate, Domestic, Juvenile branches
- cases also include: Bank robbery
Counterfeiting
Moneylaundering
Mail fraud
Kidnapping
Courts of Appeals – if the party loses the case, it appeals
- decide if the law was correctly determined and applied by the District Court
(review a case for errors of law, not of fact)
- 3 judges sit as a panel to hear the case




The US Supreme Court

law






The court of last resort
Revises the decision of the district

court
Decisions are binding (compulsory)
Requires NO further court action, retrial, resentencing

jurisdiction)
- Issues and facts of law are FIRST tried and

determined
- Have GENERAL JYRISDICTION (civil and criminal)
-Probate, Domestic, Juvenile branches

State Courts of Appeal – decide if the law was correctly determined and applied by Common Pleas Courts


State Supreme Courts – courts of appeal and of last resort of cases arising under the state law
-decisions are FINAL and BINDING (=compulsory)
- hold no trials

of limited jurisdiction
mayor’s courts
courts

of claims – have jurisdiction over the State as well as certain authority (doesn’t have jurisdiction over an individual) One may file a lawsuit against a state-related entity, eg. Bureau of Employment, a University

offence – it may also be considered misdemeanor)
Manufacture, possession, selling

of illegal drugs
Grand larceny or grand theft, 
Kidnapping
Embezzlement
Bribery
Forgery
Fraud
Swindling
Vandalism on federal property

power
Vandalism, 
Reckless driving,  speeding
Fraud, swindling
Mugging
Perjury
Contempt of court

claim legal rights against another person. A countercomplaint may be

filed against you)
NB. Should be carefully drafted, usu., by an attorney Plaintiff VS Defendant
the party filing a complaint

Step 2 – the defendant (against whom the complaint is filed) answers the complaint (point by point)
Step 3 - The defendant is notified of the lawsuit (brought against him) - the summons (or SUNPOENA) is issued
Step 4 – the hearings of the case are held
Step 5 – the judge returns the verdict and decides upon punishment

bring criminal prosecution upon initiating a
criminal case
3. the police

issue a search or an arrest warrant





4. the suspect is detained
5. the case is brought to court i.e.
a law-enforcement body (the prosecutor’s office):
brings a [law]suit against smb
(иск)
sues smb/ brings a case against smb. Подать в суд
brings an action against smb/
takes legal actions against smb/
(судебное разбирательство, тяжба)
6. the charge is brought against the suspect
7. the grand jury considers the case

arrest/ search warrant

A written order directing law enforcement officers to arrest/search a person.

The primary purpose of the grand jury

is
to determine whether
there is probable cause
to believe that the accused
committed the crime, i.e.

Whether to TRY him or NOT

that outlines the charge or charges against a defendant.
A document

that outlines the charge or charges
against a defendant.

indictment

NB! Before the trial the defendant may be set free
BAIL
The amount to be paid before the appearance in court.
BAIL guarantees the appearance of the defendant in court when required

the defendant is released ON BAIL

charges against them, in an arrangement called :
Plea Bargaining
(соглашение о

признании вины обвиняемым)
Depending on
The seriousness of the offense
The defendant’s criminal record

The defendant may be allowed to plead guilty to a lesser offense.
A defendant who pleads guilty may receive a lighter sentence without trial.
A defendant may plead guilty to one charge in exchange for the prosecutor’s promise to drop another charge.

I swear

to tell the truth and nothing but the truth

The JURY swears/ is sworn in by the bailiff or the judge

of citizens called
to hear a trial
To decide the factual

questions of guilt or innocence
NB! CRIMINAL TRIAL – UNANIMOUS DECISION
Bring in/ return/ deliver the verdict (guilty – not guilty to the charge)

legal issues to the jurors
Rules out/ overrules or sustains an

objection
Admits or doesn't admit smth. as evidence
Determines the sentence

the prosecution/ prosecuting attorney

Witnesses for the prosecution
(present evidence)
The defendant
Attorney for

the defense (may be court-appointed=district attorney)

Witnesses for the defense

(present evidence)

Direct, circumstantial, (irr)relevant, material, incompetent, (in)admissible, corroborative, irrefutable, presumptive, documentary, first hand etc…

SENTENCES THE CONVICT TO:

- DEATH
-A PENITENTIARY TERM
-TO … YEARS IMPRISONMENT
-

… MONTHS IMPRISONMENT/ LIFE IMPRISONMENT
- HARD LABOR
-MANUAL LABOR
-PROBATION (AN OFFENDER IS PLACED ON OR GRANTED PROBATION)

THE CONVICT may be released ON PAROLE
??? Who is eligible for PAROLE???

PROBATION
- PUBLIC SERVICE WORK
-NO ALCOHOL/DRUGS
-A FINE
- GOOD BRHAVIOUR
-MENTAL THERAPY
REPORTS TO PROBATION OFFICER