Judicial Branch Study Guide – Answer Key

Name ______date ______class ______

1. List all the differences between civil and criminal cases. (The outside parts of your Venn-diagram circles) Who files the charges in a criminal case?

Civil Court / Criminal Court
People vs. People (lawsuit) / Gov’t (Law) vs. person/people (Crime)
Plaintiff vs. defendant / Prosecutor vs. defendant
No Jail Time- $$$ DAMAGES / PRISON
Based on evidence / Innocent until proven guilty
Magistrate Courts – Small (damage $)Claims / Superior Courts - felonies
State Courts – Larger (damage $) Claims / State Courts - Misdemeanors/traffic
Superior Court – Divorce cases / Juvenile Courts – Unruly/Delinquent

2. What are the steps of the Juvenile Justice process?

1 – INTAKE

2 – RELEASED or DETAINED – Charged with a crime OR released

3 – Probable Cause Hearing

4-– Formal Hearing

A. ADJUDICATORY HEARING- Judge hears case – No JURY

B. DISPOSITIONAL HEARING – Punishment determined

5 – Sentencing

6 – Right to APPEAL

  1. What are the seven serious crimes that will get a juvenile tried in adult court?

AGGRAVATED CHILD MOLESTATION

AGGRAVATED SEXUAL BATTERY

AGGRAVATED SODOMY

MURDER

RAPE

VOLUNTARY MANSALUGHTER

ARMED ROBBERY WITH A FIREARM

  1. Name the differences between unruly (status) and delinquent behavior.

Unruly behavior (status offense) laws only apply to juveniles under the age of 17.

Status offenses include: breaking a curfew, drinking under age, truancy, disobeying parent/caregiver, running away from home, underage drinking (goes to bar w/o parents).

Delinquent behavior – means committing a crime regardless of age. (misdemeanor or felony)

5. List the behaviors that are considered unruly or status offenses.

See above.

  1. Why were juvenile courts created? A minor’s brain is developmentally different than an adult. NOT FULLY RESPONSIBLE FOR THEIR ACTIONS! Goal: to rehabilitate!

-to help protect the well-being of children

-to provide care for deprived children

-to ensure care, guidance, and control for any child that comes under the jurisdiction of the court

  1. What is the difference between a trial court and an appellate court?

Trial Courts – hear ORIGINAL cases – both civil and criminal.

Appellate Courts – hears cases appealed from lower-ranking courts (trail Courts). Judge REVIEWS lower court decisions. NO JURIES.

8. What happens at a dispositional hearing?

This is the punishment step in the juvenile process. The prosecutor and defense can call witnesses and present evidence that might influence the judge’s sentence.

9. What happens at an adjudicatory hearing?

This is like a trail in criminal court but without a jury. The judge hears the case against the juvenile and the juvenile’s defense. The judge determines whether the child is guilty of committing a delinquent act. If found guilty, the court schedules a second hearing – the Dispositional Hearing to decide the punishment.

  1. What are the five trial courts and what is each of their jurisdictions?

Superior Court – circuit court- misdemeanor/felonies/violent juvenile crimes/civil cases

State Courts – county-level court - misdemeanors, civil cases, traffic violations

Probate Courts – county-level court – wills/inheritance/marriage/firearm licenses

Magistrate Courts – county-level court – arrest warrants/search warrants/small claims (civil) cases

Juvenile Courts – county-level court – 17 years old or younger for delinquent crimes/18 years old or younger for deprived/neglected children

  1. Know the following terms, felony, misdemeanor, grand jury, and jurisdiction.

Felony – serious crime such as murder, burglary, rape, etc… Carries sentences of at least 1 year and fines that begin at $1000

Misdemeanor – less serious crime such as a traffic ticket. Carries sentences of less than a year and fines that are less than $1000.

Grand Jury – determines whether or not persons accused of crimes should be indicted (officially charged) and required to stand trial.

Jurisdiction – range of actions over which the court has control or influence & geographic boundaries for that influence.