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Depending on the country being asked about there may be a wide variance in what they are referrred to by name.

In the US, There are Courts of Original Jurisdiction - Appelate Courts - and a Supreme Court. The individual states and federal system are established along this basic form.

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13y ago
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13y ago

This answer will be slightly long, presented in two parts, and not be applicable in all states (Some states call their courts by different names). Also, this is presented under the best light - meaning that although the procedures outlined below are supposed to be followed it is normal for the state (and judges) to refuse to follow the proper procedures and laws involved. Yes, this means they have violated procedure, which would normally give rise to an appeal, but these same courts are the ones that have to adjudge their own actions (IE: your not likely to win).

Types of Courts - and basic rank of courts from lowest to highest:

State Courts: (Generally)

  • Small Claims Court: basic courts of small claims (under a certain dollar amount) in which the procedures followed in higher courts are lax.
  • Municipal Courts: normally charged with hearing violations of municipal law; traffic tickets, code violations etc. The procedures in these courts are normally lax.
  • County Courts: These are the first "Formal Courts" which procedures are not lax and dependent on the state as to what cases they can hear.
  • District Courts: these courts normally hear cases of only felony level (criminal) and above a certain monetary amount.
  • Magistrate Court: These courts normally only hear a certain and very limited type of case.
  • District Court of Appeals: This is the (normally) first level of appeals court that reviews cases for error - please note that a county court of law is the first appeals court for a municipal or small claims court.
  • State Supreme Court: This (these in some cases, some states have two supreme courts, one for criminal one for civil) court hears appeals from the district court of appeals and it is the highest state level court; normally charged with determination of state law and state constitutional questions, they are still subject to review in Federal Courts for constitutional issues under the US Constitution.

Federal Courts: Please note that Federal Courts may have shared jurisdiction in some cases, for instance some "Federal Drug Charges" can be tried in either a State or Federal Court (but not both).

  • US District Courts: normally hold jurisdiction over a limited amount and type of case.
  • US District Bankruptcy Court: only hears filings for Bankruptcy.
  • US Appeals Court: operates by district (area) and hears appeals under limited federal questions.
  • US Supreme Court: only hears appeals and a very limited set of original cases, and;
  • US Court of Claims: is the civil version of the US Supreme Court that only hears civil claims made against the US Government by another governmental entity (IE: Most Indian Nations must sue the US Government in this court; unless the court passes the case down to a district court)

Basic Court Procedures: The procedures used in almost any court are the same (state or federal), the person or entity filing the original complaint must ensure that the proper court is selected for the filing (normally called jurisdiction).

Civil Cases:

  • Petitioner files an original proceeding before the court, naming at least one defendant
  • The court, or a third party, serves a copy of the petition on the defendant(s) in the case. NOTE: In federal courts the third party service is avoided under rule 4 by using certified mail, or if refused the defendant is forced to pay the cost of service.
  • Defendant is given a certain amount of time to answer the complaint (normally done by a general denial)
  • Discovery process begins (this is far too involved to list the times required, or things involved in discovery)
  • Announcement is made; both parties normally agree to a formal announcement of "Ready for Trial" OR the court orders them to appear for a status hearing (sometimes ordering them to appear for trial even if they are not ready because of some delaying tactic)
  • Final motions are filed before the court (at least 10 days before trial); normally this includes an 'amount of time' that the party thinks they will need to present their side of the case.
  • Jury selection; if a jury was requested
  • Trial:
  • Petitioner gives an opening statement, followed by the defense (defense can reserve this until the petitioner closes their case - rare but effective in some cases)
  • Petitioner then presents their case, witnesses and evidence.
  • Defense then presents their case, witnesses and evidence.
  • Petitioner then makes a closing statement, defense retorts, and petitioner can then make a final statement.
  • Instruction is then given to the jury
  • The case is then decided and an order issued.
  • 30 days (depending on the type of case) is then given for appeal, and the case is considered final if no appeal is filed.

Criminal Cases:

  • If a misdemeanor, a sworn affidavit charging a crime is issued by a credible witness; information & complaint.
  • If a Felony, a credible witness appears before the Grand Jury who then issues an Indictment; if they believe reasonable cause exists, or "no bills" if they do not.
  • An arrest is then made (unless the person was already under arrest, in which case the state has 72 hours to present a bill of indictment in a felony; 24 hours in a misdemeanor - or the person must be released; although they can be arrested again once the indictment is issued)
  • Arraignment (this is sometimes combined with a bail hearing, detailed below) at this point a court then inquires that the proper person was arrested and a crime is charged (some people consider this a Habeas hearing), the court also sets a date for trial;
  • Bail Hearing (normally combined with arraignment): Bail is determined upon the severity of the crime and the chance that the accused will attempt to escape justice (skip out on court).
  • Discovery - although not always the proper term, it is generally correct; at this point the state is supposed to reveal all information it collected in its investigation to the defense (this means all witnesses, etc) - in practice the state hides much of this information (which is a crime)
  • Plea Bargaining - normally the state will present the defense with a plea-bargain at this point.
  • Pre-Trial Motions: at this point the state and defense will begin to announce its witnesses, give evidence lists and begin to file motions to suppress certain witnesses, evidence, etc.
  • Trial - the trial in a criminal case is much the same as a civil case, only the rules change a bit to prohibit evidence and witnesses (it is strict in what is allowed).
  • Sentencing: If guilty the person is then sentenced and sentencing is imposed by order of the court.

Appeal Process:

The appeal process in any court system is basically the same (civil and criminal). The appeals court will look into any error in the lower court, it will not allow a new trial even for new evidence unless it can be shown that extenuating circumstances exist. If an error is found the court will issue an order directing the lower court to amend the error; and in some cases order a new trial if the error is so great that it cannot be easily corrected. State questions are limited to state courts, while federal questions must go through state courts (to allow them to correct themselves to comply with Federal Laws and rulings), unless the federal question is presented in a federal court.

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11y ago

Trial courts and appellate courts. Many jurisdictions divide trial courts by subject matter or gravity.

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