The Judicial Process

¶ … 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 pretrial conferences. Discovery then occurs by means of interrogatories and depositions.

Discovery refers to obtaining information regarding the opposing parties. This mostly occurs by the above-mentioned techniques of interrogatories and depositions. This means that written questions are drawn up that demand written answers, and parties and witnesses are examined before the trial.

The first step in a civil trial is jury selection (if it is chosen that a jury should be present). Preliminary instructions are then given to the selected jury in order to assist the jurors in their role. The parties are then given the chance for their opening statements. The Plaintiff's case is heard first, during which the Defendant can follow up the Plaintiff's examination of witnesses with questions of his or her own. The Defendant may then present evidence, after which the Plaintiff receives the opportunity for rebuttal evidence. Closing arguments are then heard, after which final instructions are offered to the jury, who then deliberate regarding the case. After the verdict is given, dissatisfaction may lead to an appeal.

Appellate courts hear only appealed cases, and these have to be valid in order to be heard.

Once a case is deemed valid, steps are followed to hear the case, after which the parties once again have the option of appeal.