AJ 4 Lecture Notes - Lecture 15: Trial De Novo, Certiorari, Appellate Court

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Jeff Koo
AJ 4
Criminal Law
Fall 2018
4 Units
Courts Of General Jurisdiction
Courts of general jurisdiction: a state or federal court that has jurisdiction over felony offenses
serious crimes that carry a penalty of incarceration in a state or federal prison for one year or
more. 2,000
Are responsible for reviewing cases on appeal from courts of limited jurisdiction. In some
cases they can grant a new trial called trial de novo process. Typically organized in
judicial districts and receive cases from the various limited courts located within the
county jurisdiction.
Appellate court: a court to which appeals are made on points of law resulting from the judgment
of a lower court; the appellate court may be asked to evaluate the impact of new evidence but
more typically decides whether the state or federal constitution was improperly interpreted
during a case.
Appeals from criminal cases are the most common types of appeals with others from civil
judgments and administrative agency decisions.
Model State Court Structure
Justice of peace and police magistrate>county court>superior court>intermediate
appellate courts>state Supreme Court
Probate court>superior court
Gun court, drug court, domestic relations court, municipal court> superior court
Federal Courts
Article 3, Section 1 of the U.S. constitution the judicial power of the U.S. shall be vested in one
Supreme Court, and in such inferior courts as Congress may from time to time ordain and
establish.”
District Courts
U.S. district courts: a trial court in the federal court system.
Jurisdiction over violations of federal laws, interstate transportation of stolen vehicles and
kidnappings, citizenships, and rights of aliens.
Federal district courts are organized by congress in the Judicial Act of 1789 and today 94
are in operation.
Federal Appeals Courts
U.S. court of appeals (circuit courts): an appellate court in the federal court system. Currently 13.
Judges are not required to travel, share caseload with other judges, are located in major
cities, and must be brought to these locations by attorneys.
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