Chapter Three: Courts in the United States
Chapter Three: Courts in the United States
Project for this Section
Case Brief
Court Cases: Look up the following cases and bring them to class on due date noted in syllabus. I would recommend using this website. Those submitted that are incomplete or missing cases/sections will be an automatic zero. Those late will also be a zero; the due date is at the start of class. No Exceptions. Any blanks on any case will result in a zero for all cases. Do not wait until the last minute to look at this.
- Mapp v Ohio (1961)
- Gideon v Wainwright (1963)
- Tinker v Des Moines (1969)
- Miranda v Arizona (1966)
Sections of the Brief
Facts of the case:
In this section you will identify the key players in the case and the reason the case in court. For example in MAPP V OHIO you will need to identify who is MAPP and what is the connection with the state of OHIO? This will need to be in paragraph form and in YOUR OWN WORDS, DO NOT COPY AND PASTE.
Issues
Each of the cases that are assigned deal with and Amendment Issue. In this section you will need to identify what amendment’s are being addressed and why?
Decisions
This is where you will note what the final vote was in the case. In all cases the vote with the most majority is the winner of the trial.
Reasoning
Separate Opinions
At the end of every case you will see concurring and dissenting opinions. You will need to summarize the one that has the majority. Hint – it has more judges names listed before it.
Analysis
How did this case change life for future generations?
Terms
Path-models of the systems in the United States
Typical State Systems
Magistrate
A public civil official with limited authority and jurisdiction and in a particular geographic area. She/he will hear and decide cases and issue warrants.
PA Court System
- Supreme Court
- Highest court in Pa
- Superior Court
- Criminal and Civil Appeals
- Hears cases on matters involving children and families
- Commonwealth Court
- Case against the Commonwealth
- Common Pleas
- All Major Criminal and Civil Cases
- Special Courts
- Less Serious, non criminal, civil and all traffic matters
- Matters pertaining to bail
- What cases need to move up such as murder
Case Flow in PA
Criminal Case Flow
- Crime occurs
- Arrest takes place
- Preliminary Hearing to see if trial is needed
- Trial takes place OR defendant pleas
- If there is a conviction a sentencing hearing is scheduled
- Defendant can appeal conviction to the Superior Court
Civil Case Flow
- Dispute Develops
- Complaint is filed and then served to both parties
- Defendant files an answer
- Both sides gather evidence
- Pre-trial conference takes place between attorneys and judge
- If no settlement then a trial takes place
- Either party can appeal the decision to the appellate court
United States Supreme Court
- Reviews only 5% of the cases decided in the country
- The court has addressed every important facet of criminal law
- Supreme Court makes Criminal Justice Pol