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¶ … jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether these be criminal or civil. Special jurisdiction is held only over specialized cases.
The federal court system consists of a variety of different hierarchies in which different courts may function in their various ways. The Supreme Court is at the highest point of the federal judiciary. The two levels of federal courts under the Supreme Court are trial courts and appellate courts. Each court has its own jurisdiction over various cases. District courts are the trail courts of the federal system and hear the most cases, in both civil and criminal cases....
Appellate courts hear appeals, while only the most specialized and difficult cases are referred to the Supreme Court.
The Supreme Court hears cases that have been unsatisfactorily decided by the appellate court. A filing may be done in order to convince the Supreme Court to hear the case once again. Other cases are those that require highly specialized services, such as death penalty cases.
Where parties are from different states, State policy is almost invariably followed. Justice and fairness are cited as the rationale for this move. The different State laws are then used to apply to the relevant parties in the case.
The state court system in the United States usually consists of a variety of trial courts, each with its own jurisdiction, that might overlap the jurisdiction of the other trial courts. Cases that cannot be handled by these trial courts are then referred to the appellate court and finally to the Supreme Court.
The civil litigation process begins with a complaint that is filed. The defense then responds to this complaint, either by filing an answer or by filing a motion to dismiss. Thirdly, issues are defined and narrowed according to legally accepted definitions, and sometimes by…
Sources
City of Federal Way. "Steps in a Criminal Case." http://www.cityoffederalway.com/Page.aspx?view=388
"Structure of New York State Courts." http://www.courts.state.ny.us/admin/stateofjudiciary/stofjud8/struct.htm
"Trial Process." http://www.sc.co.pima.az.us/civil/Trial.htm
Judicial Process The 6th Amendment Confrontation Clause exists to protect the right of a defendant to confront those who are testifying against him or her. This means that the defendant has the right to face those making the accusations in a court of law (Revolutuionary War and Beyond, 2011). There are two main purposes to the Confrontation Clause. The defendant receives protection from statements made outside the court that can be
The district appeals court does not hear a case in its entritiy, rather the justices review the case file and lawyer's arguments and hear a short in-person argument to ask questions and make a decision. This appeal is an appeal by right according to the Constitution, and anyone who appeals to their district's court of appeals will have their case reviewed. Here, the appeals courts in all five cases,
Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect is advised and made aware that he or she may freely terminate the conversation and/or request to be represented by legal counsel; this means that the voluntariness
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead insanity, but there is evidence that she purchased a gun days before the shooting occurred (Brennan, 2011). That could block her
Another example of an exception to the Miranda Rule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspect is speaking with an undercover police officer and incriminating information is given to the undercover police (2003). Essentially speaking, Miranda Rights are not necessary when a criminal
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various stages are handled and the possibilities of all the outcomes examined. The paper is chronologically organized in order to provide an analysis of how the constitutional protection for