� ACTUALLY 51 COURT SYSTEMS
� ONE FOR EACH STATE, ONE FEDERAL
� ALL INDEPENDENT
� ALL HAVE DIFFERENT NAMES FOR THEIR COURTS
TRIAL COURTS v. APPELLATE COURTS
� TRIAL COURTS DECIDE IF TRIALS SHOULD BE CONDUCTED
� IF SO, TRIAL COURTS DECIDED GUILT
� APPELLATE COURTS DECIDE ISSUES OF TRIAL FAIRNESS ONLY
HOW A CASE GETS FROM ANY LOWER COURT TO ANY HIGHER COURT
� APPEALING PARTY REQUESTS WRIT OF CERTIORARI FROM HIGHER COURT
� IF GRANTED, HIGHER COURT ORDERS LOWER COURT TO FORWARD THE RECORDS OF THE CASE
� CERTIORARI FROM THE HIGHER COURT MAY BE REFUSED
POSSIBLE OUTCOMES OF APPELLATE COURT HEARINGS
� MAY REFUSE TO HEAR THE CASE ENTIRELY (DENIAL OF CERTIORARI)
� MAY THROW OUT TRIAL COURT DECISION AND ORDER TRIAL DE NOVO
� MAY UPHOLD TRIAL COURT DECISION
� MAY REDUCE TRIAL COURT DECISION
GENERIC TERMS FOR COURT LEVELS (MORE ON EACH)
� COURTS OF LIMITED JURISDICTION
� COURTS OF GENERAL JURISDICTION
� INTERMEDIATE APPELLATE COURTS
� STATE COURTS OF LAST RESORT
COURTS OF LIMITED JURISDICTION
� CONDUCT OPENING PHASES OF FELONY TRIALS
� CONDUCT MISDEMEANOR AND INFRACTION TRIALS
� CONDUCT CIVIL TRIALS INVOLVING SMALL AMOUNTS OF MONEY
COURTS OF GENERAL JURISDICTION
� CONDUCT FELONY TRIALS
� CONDUCT APPEALS HEARINGS FROM COURTS OF LIMITED JURISDICTION
� CONDUCT CIVIL TRIALS FOR LARGE AMOUNTS OF MONEY
INTERMEDIATE APPELLATE COURTS
� CONDUCT NO TRIALS
� HEARINGS FROM COURTS OF GENERAL JURISDICTION ONLY FOR MATTERS OF TRIAL FAIRNESS
� NO JURIES, MULTIPLE JUSTICES
� SIMPLE MAJORITY OF JUSTICES (ALWAYS AN ODD NUMBER) WINS DECISION
� NOT ALL STATES HAVE INTERMEDIATE APPELLATE COURTS
STATE COURTS OF LAST RESORT
� HEARINGS FROM LOWER COURTS IN THAT STATE ONLY
� SAME OUTCOMES, RESTRICTIONS AS OTHER APPELLATE COURTS
CALIFORNIA�S COURT SYSTEM
� NO COURT OF LIMITED JURISDICTION
� COURT OF GENERAL JURISDICTION IS CALLED THE �SUPERIOR COURT�
� INTERMEDIATE APPELLATE COURT IS CALLED THE �DISTRICT COURT OF APPEAL� (THREE JUSTICES HEAR EACH CASE)
� STATE COURT OF LAST RESORT IS THE �CALIFORNIA SUPREME COURT� (SEVEN JUSTICES)
� CASES MAY APPEALED TO THE U.S. SUPREME COURT
FEDERAL COURT SYSTEM
� COURT OF LIMITED JURISDICTION IS CALLED �MAGISTRATE�S COURT�
� COURT OF GENERAL JURISDICTION IS CALLED �DISTRICT COURT�
� INTERMEDIATE APPELLATE COURT IS CALLED �CIRCUIT COURT�
� NO STATE COURT OF LAST RESORT
� CASES MAY BE APPEALED TO THE U.S. SUPREME COURT
THE U.S. SUPREME COURT
� PRIOR TO MAPP v. OHIO, JUST THE HIGHEST COURT IN THE FEDERAL SYSTEM
� SINCE THEN, THE LAST COURT IN ALL FIFTY-ONE SYSTEMS
� FAIR TRIAL DECISIONS ARE ULTIMATELY U.S. CONSTITUTIONAL QUESTIONS
� EVERY U.S. SUPREME COURT DECISION MAKES ALL THE STATES MORE ALIKE
PRETRIAL ACTIVITIES DEFINED
� ALL ACTIVITIES BETWEEN ARREST AND TRIAL ARE PRETRIAL ACTIVITIES
PRETRIAL ACTIVITIES LISTED
� BAIL (MORE ON EACH)
� FIRST APPEARANCE
� GRAND JURY OR PRELIMINARY HEARING
� ARRAIGNMENT
� PLEA BARGAINING
BAIL
� SOMETHING OF VALUE EXCHANGED FOR RELEASE FROM CUSTODY
� A VERY OLD ENGLISH CUSTOM
� MAY BE DONE WITHOUT BAIL BONDS AGENTS
� BAIL BONDS AGENTS REQUIRE 10-15% CASH IN EXCHANGE FOR A BOND FOR THE REMAINDER
� IF YOU FAIL TO APPEAR, THE BONDS AGENT HAS A CERTAIN AMOUNT OF TIME TO FIND YOU AND BRING YOU TO COURT OR FORFEIT THE BOND
� CALIFORNIA HAS RELEASE ON OWN RECOGNIZANCE (�OR� RELEASE) REQUIRING NO BAIL
FIRST APPEARANCE
� REVIEW OF PROBABLE CAUSE BY JUDGE MUST TAKE PLACE WITH 48 HOURS OF ARREST
� APPEARANCE MUST TAKE PLACE WITHIN THREE COURT DAYS (IF STILL IN CUSTODY)
� OFTEN CALLED ARRAIGNMENT IN CALIFORNIA
� DEFENDANTS FORMALLY NOTIFIED OF CHARGES, ADVISED OF RIGHTS, OBTAIN FREE ATTORNEY (IF UNABLE TO AFFORD THEIR OWN), HAVE BAIL SET OR RE-SET
� CHARGES MAY HAVE BEEN DROPPED, CHANGED OR RAISED BY THE PROSECUTING ATTORNEY
� ONE-THIRD TO ONE-HALF OF ALL CHARGES DROPPED
� IN CALIFORNIA, A PLEA IS USUALLY ENTERED AT THIS PRECEDING (IF CHARGES NOT DROPPED)
� POSSIBLE PLEAS INCLUDE GUILTY, NOT GUILTY AND NOLO CONTENDERE
GRAND JURY
� CREATED IN MAGNA CARTA
� IN FEDERAL CASES (AND SOME STATES) ALL FELONY CASES REVIEWED BY GRAND JURY INSTEAD OF A PRELIMINARY HEARING
� IF GRAND JURY BELIEVES PROBABLE CAUSE EXISTS, IT ISSUES AN INDICTMENT
� IN CALIFORNIA, DEFENDANT GETS A GRAND JURY REVIEW OR A PRELIMINARY HEARING
PRELIMINARY HEARING (�PRELIM�)
� PROSECUTION MUST PROVE PROBABLE CAUSE TO A JUDGE
� IF JUDGE BELIEVES PROBABLE CAUSE EXISTS, ORDERS A TRIAL
� IF NOT, JUDGE MAY THROW OUT CHARGES
ARRAIGNMENT
� IN CALIFORNIA THIS IS THE �POST-PRELIM ARRAIGNMENT�
� OTHER STATES ENTER PLEAS HERE
� CALIFORNIA MERELY STATES THE CHARGES THE DEFENDANT NOW FACES
PLEA BARGAINING
� USUALLY DOESN�T TAKE PLACE UNTIL AFTER THE PRELIM
� ALL PLEA BARGAINS REQUIRE THE DEFENDANT TO PLEAD GUILTY TO SOMETHING
� ALL PLEA BARGAINS INCLUDE A CONCESSION BY THE PROSECUTION IN EXCHANGE FOR THE GUILTY PLEA
� PLEA BARGAINS ARE BETWEEN ATTORNEYS, JUDGES MERELY ACCEPT THEM
� JUDGES MAKE SURE YOU KNOW THE RIGHTS YOU WAIVE IN PLEA BARGAINS
� PLEA BARGAINS (UNLIKE ORDINARY SENTENCES) CAN BE VERY CREATIVE