courts. dual court system federal state federal counterfeiting kidnapping smuggling drug...
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COURTS
DUAL COURT SYSTEM FEDERAL
STATE
FEDERAL
COUNTERFEITING
KIDNAPPING
SMUGGLING
DRUG TRAFFICKING
STATE COURTS FOR EVERY ONE FELONY CONVICTION
IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT
JURISDICTION THE GEOGRAPHIC TERRITORY OR
LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURT’S AUTHORITY
FEDERAL VS STATE
STATE COURT STATE SUPREME COURT STATE COURT OF APPEALS TRIAL COURTS/DISTRICT COURTS
(GENERAL JURSDICTION) TRIAL COURTS/LIMITED JURSDICTION
MUNICIPAL COUNTY
CONCILIATION COURTS—UP TO $10,000
JUDGES EXPECTED TO EMBODY JUSTICE Six methods of selection
Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods
STATE OF MN NONPARTISAN—PARTY AFFILIATIONS
ARE NOT LISTED ON THE BALLOT
MINNESOTA JUDGES
SUPREME COURT-7
COURT OF APPEALS-19
DISTRICT COURTS JUDGES-289
JOB REQUIREMENTS LAWYER UNDER THE AGE OF 70 ELECTED TO 6 YEAR TERMS IF APPOINTED BY THE GOVERNOR—
SERVE AT LEAST ONE YEAR BEFORE AN ELECTION
DISTRICT COURTS TEN DISTRICTS
2ND—RAMSEY COUNTY 4TH—HENNEPIN COUNTY 10TH—WASHINGTON COUNTY
10 JUDGES
MN TEN DISTRICT COURTS
MINNESOTA SUPREME COURT CHIEF JUSTICE LORIE SKJERVEN
GILDEA
ESTABLISHED IN 1849
MN BECAME A STATE IN1858
MN SUPREME COURT
FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR
A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY
DECISION???
MN COURT OF APPEALS 19 JUSTICES FINAL RULING 95% OF ITS CASES TO MAKE IT MORE EFFICIENT THE
JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE
AKA: APPELLATE COURTS THEIR JOB IS TO REVIEW THE
DECISIONS OF LOWER COURTS
U.S. SUPREME COURT 9 JUSTICES—NUMBER SET BY SENATE JOHN G. ROBERTS—CHIEF JUSTICE
SINCE 09/2005 APPOINTMENT FOR LIFE APPOINTED BY THE PRESIDENT
JUSTICE JOHN G ROBERTS
U.S. SUPREME COURT
SUPREME COURT IS KNOWN AS:
THE COURT OF LAST RESORT
WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995
U.S. STATE ATTORNEY Minnesota
Criminal Division
Civil Division
Administrative Division
Community Relations Division
CRIMINAL DIVISION ECONOMIC CRIMES
Investment Banking Public Corruption
NARCOTICS Works with DEA, IRS, FBI
MAJOR CRIMES Bank Robberies
Counterfeiting
Crimes on the Red Lake and Bois Forte Indian Reservations
CIVIL DIVISION TORT ACTIONS
Agent sued
Medical Malpractice
Wrongful Death
U.S. ATTORNEY GENERAL Part of Cabinet---Department of Justice
Appointed by President
Eric Holder Jr. Appointed 02/03/2009
MN ATTORNEY GENERAL Chief legal officer for the State of Minnesota
Chief policy maker in areas of Consumer protection Health Care Housing Utilities
Lori Swanson Elected in 2006 First female MN AG
PROSECUTORS District Attorney State’s Attorney County Attorney Commonwealth Attorney
WASHINGTON COUNTY ATTORNEY
PETE ORPUT
Other duties Legal Advisor to Police Departments
Guide Police Investigations
Close Working Relationship
DISCRETION Prosecutorial Discretion
Lies in the power to charge, or not to charge, a person with an offense
TRIAL The examination in a court of the issues of
fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant
48 HOUR RULE Arrested without a warrant
Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest
Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included.
36 HOUR RULE/RULE 5/BAIL Arrested without a warrant---must be brought
before the judge no later than 36 hours after arrest
Computation does NOT include the day of arrest, Sundays or legal holidays.