Criminal Action and Civil Action
A. Watch the video and fill in the blanks.
When something happens, whether it is a criminal action or a civil disagreement between neighbors, the case is taken to the trial court. The(1)____________is the initial court a case moves through based on jurisdiction. You've likely heard the term jurisdiction before. In the court system,(2)____________is the power that a court holds to oversee a trial or other legal orders. It can be based on several things:
· Jurisdiction over the person involved in the civil or criminal activity;
· Jurisdiction over the(3)____________;
· Jurisdiction to render a particular(4)____________sought (limits over court power; e.g., small(5)____________court can hear cases under a certain dollar value)
B. Watch the video and put the following sentences in the correct order.
1. ( )
(1)The arrested party makes an initial appearance where the party learns the charges.
(2)If either party is not satisfied, an appeal can be filed with a higher court to review the existing evidence.
(3)An arrest is made.
(4)An arraignment is held where the arrested person enters a plea of guilty or not guilty.
(5)A preliminary hearing is set, and the judge will listen to any testimony from witnesses to determine whether there is actually a case.
(6)The arrested person stands trial before a judge and jury where both the plaintiff and the defendant present evidence and a judgment is made.
2. ( )
(1)The judge or jury makes a decision based on the facts of the case.
(2)The plaintiff initiates a complaint with the court for the wrongdoing.
(3)Plaintiff and defendant (generally through their attorneys) exchange facts about the case. This is called discovery.
(4)Either party may file an appeal.
(5)Complaint is delivered to the defendant; the defendant has a certain period of time to respond or the case is forfeited to the benefit of the plaintiff.
(6)A trial is presented to a judge.
C. Watch the video and decide whether the following statements are true or false.
The evidence will be presented in different ways between trail court and appellate court.
[ ] 1. The appellate court reviews evidence and outcomes of cases that have been settled in any court when one party was not satisfied with the decision.
[ ] 2. The trial in the appellate court is about the review of evidence and outcome.
[ ] 3. The Supreme Court only deals with matters of state or national importance or appeals from appellate court.
[ ] 4. The Supreme Court will take cases from appellate court only if there was an issue with the interpretation of constitutional rights. It is the last step in the appeals process.
Types of Courts
A. Watch the video and answer the following questions.
(a)
1. When can a civil action be heard in the U.S. District Court?
_____________________________________________________
2. Who has the right to determine findings of facts?
_____________________________________________________
(b)
1. How many U.S. Circuit Court of Appeals are there in the United States?
_____________________________________________________
2. Why are there only three judges who hear a case when there are 179 full-time circuit judges?
_____________________________________________________
B . Watch the video and write down the missing sentences.
There are three main levels of federal court system.(1)____________The U.S. District Court has jurisdiction over cases involving both civil and criminal actions.(2)____________, a violation of law or treaties of the United States or if the United States is party to the suit.(3)____________(4)____________The cases are brought up from the lower U.S. District Court.(5)____________
C. Watch the video and put the sentences in the right places.
The U.S. Supreme Court is the highest court in the United States and resides over cases of national importance.(1)____________Each justice is nominated by the President of the United States and appointed by Senate. The justices are given a lifetime term and can end only by resignation, retirement or impeachment.(2)____________
Subject-matter cases generally involve disputes between two states, diversity cases where each party resides in different states and the dispute exceeds $75,000, disputes with foreign nationals, treaty issues or cases where the United States is party to the case. Appeals are heard only when there has been a violation of Constitutional law in the decision of a lower court.(3)____________In a death penalty case, the vote must render a 5 of 9 ratios. If granted, the case will be reviewed based on the facts and the decision.(4)____________If the case is denied, there is no further action. The case is considered closed. This does not imply agreement with the lower court decision by this court.(5)____________
A. In order to have a case heard, a writ of certiorari must be granted in a 4 of 9 votes by the justices.
B. It is presided over by nine justices, including one chief justice and eight associate justices.
C. Chances are, the writ will be denied as these judges hear only a small percentage of cases —150 of the thousands requested per year.
D. It simply means there was not enough evidence to convince the panel of justices that a wrongdoing occurred.
E. There are two types of cases heard by the justices: subject-matter cases and appeals from lower courts.
D. Watch the video and choose the right answer to each question.
1. Who is the Plaintiff?
A. Mr. Putnam.
B. Miss Putnam.
C. Miss Paula.
2. What happened to the plaintiff?
A. The plaintiff was injured in a car accident.
B. The plaintiff was dismissed from her job.
C. The plaintiff suffered a sexual offend.
3. How does the lawyer call the judge?
A. My lord.
B. My honor.
C. Your honor.