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Unit 2

The document discusses the function and jurisdiction of courts, as well as court procedures and roles within the legal system. It covers topics such as federal and state court systems, jurisdiction, venue, civil procedures like filing suits, discovery, trials, and the roles of judges, juries, lawyers.

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34 views19 pages

Unit 2

The document discusses the function and jurisdiction of courts, as well as court procedures and roles within the legal system. It covers topics such as federal and state court systems, jurisdiction, venue, civil procedures like filing suits, discovery, trials, and the roles of judges, juries, lawyers.

Uploaded by

Hồng Hạnh Lê
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Unit 2

C O U RT S A N D C O U RT P R O C E D U R E
LEARNING OBJECTIVES

• Explain the function of the courts.


• Explain the relationships of the various courts in our
society.
• Describe the procedure for filing a lawsuit.
• Describe the basic procedure for a jury trial.
2.1 FUNCTION OF
T H E C O U RT S

• Functions:
• To interpret the law
• To apply the law
• If a conflict arises between a
state statute and a federal
statute, federal statute takes
precedence
2 . 2 J U R I S D I C T I O N O F C O U RT S

What is the definition of


jurisdiction?
The power or authority of a
court to hear cases is called its
jurisdiction.

Courts must have jurisdiction


JURISDICTION over the subject matter of the
O F C O U RT S case and jurisdiction over the
persons involved.

Long-arm statutes are laws


allowing a state to have
jurisdiction over nonresidents.
VENUE

• Venue is the proper location where a case is to be tried.


• Proper venue requires choosing the proper court.
• The right to a particular venue can be surrendered.
In criminal cases venue is frequently changed by the
court to try to give the defendant a fairer trial.
2 . 3 C L A S S I F I C AT I O N O F C O U R T S

In the US, there are two court


systems exist, namely federal
court and state court due to the
United States is a federal-form
country.
F E D E R A L C O U RT S Y S T E M
S TAT E C O U RT S Y S T E M
L AY O U T O F O R G A N I Z I N G A V I E T N A M
C O U RT S E S S I O N
A C O U RT I N V I E T N A M
SOMETIMES THE CASE CAN BE TRIED
O U T S I D E T H E C O U RT
PROCEDURES IN
C OU RT S OF R E C OR D

Filing of
Filing of suit
suit

Summons
Summons

Defendant
Defendant Defendant
Defendant
admits charges
admits charges denies charges
denies charges

Discovery
Discovery

Trial
Trial
TRIAL PROCEDURE

Jury selection
Jury selection

Opening statements
Opening statements

Plaintiff’s evidence
Plaintiff’s evidence Defendant’s evidence
Defendant’s evidence

Summary of
Summary of evidence
evidence

Judge’s ruling
Judge’s ruling Jury’s verdict
Jury’s verdict
L AW Y E R

• barrister
• solicitor
• lawyer
• attorney
JUDGES AND MARSHALS
J U RY

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