Mr. Brown's Georgia History Class: SS8CG4 Judical and Law

Georgia's Judicial System

Different Courts in Georgia-

State Supreme Court: is highest court in the state, has appellate jurisdiction, and decides if laws are constitutional or not; it also reviews death penalty cases

State Court of Appeals: hears cases from civil or criminal courts, appellate jurisdiction

Superior Courts:(top trial courts in counties) hear felony cases and major civil cases, appellate and original jurisdiction

State Court: (trial court, traffic court, misdemeanors)

Juvenile Court(criminal court, cases involving youths, 17 and under) this court has no jury

Probate Court: (civil court, deals with wills, guardian cases, estates etc.)

Magistrate Court:(civil case under $1500 in argument)

More Information on the Court System:

-Additionally, all GA Supreme Court judges are elected, as well as the judges of the Court of Appeals and Superior Courts

-Grand Juries indict or acquit the accused(is there enough evidence to take to trial) while a trial jury finds if someone is guilty or not guilty

-Trial Courts hear the case for the first time, whereas appellate courts review or take appeals from decisions made from a trial court

Some Qualifications for Becoming a Judge in Georgia:

Superior Court Judge: To qualify as a superior court judge, a candidate must have be at least thirty years old, be a citizen of Georgia for at least three years, and have practiced law for at least seven years. ( 4/18, http://www.georgiaencyclopedia.org)

State Court Judge: State court judges are elected to four-year terms in nonpartisan, countywide elections. Candidates must be at least twenty-five years old, have been admitted to practice law for at least seven years, and have lived in the state for at least three years.( 4/18, georgiaencyclopedia.org)

Probate Judge: Each county has a probate court with one probate judge, who is elected for a term of four years in countywide partisan elections. Qualifications for this office vary. In larger counties, those with a population greater than 96,000, a candidate for probate judge must have practiced law for seven years and be at least thirty years of age. In all counties a candidate for probate judge must be at least twenty-five years of age, a high school graduate, and a county resident for at least two years preceding the election.(4/18, georgiaencyclopedia.org)

Juvenile Judge: Juvenile court judges are appointed by the superior court judges to serve four-year terms. Candidates must be at least thirty years of age, must have been admitted to the practice of law for five years, and must have lived in Georgia for at least three years.(4/18, georgiaencyclopedia.org)

Magistrate Judges: To qualify as a magistrate, an individual must have resided in the county for at least one year preceding his or her term of office, be twenty-five years of age, and have a high school diploma. Other qualifications may be imposed by local legislation.(4/18, georgiaencyclopedia.org)

Appellate Judges(Court of Appeals): Court of appeals judges are elected statewide on a nonpartisan basis for six-year terms. Candidates for a judgeship on the court of appeals must have been admitted to practice law for at least seven years before assuming office. The court is made up of twelve judges. The chief judge, elected by the members of the court to a two-year term, is responsible for the administration of the court. (4/18, georgiaencyclopedia.org)

GA Supreme Court Judges: The seven justices who serve on the supreme court are elected to six-year terms in statewide, nonpartisan elections. A candidate for supreme court justice must have been admitted to practice law for at least seven years before assuming office. The justices elect the chief justice and a presiding justice to handle administrative matters for the court.(4/18, georgiaencyclopedia.org)

Criminal or Civil?

Sue: to use a legal process by which you try to get a court of law to force a person, company, or organization that has treated you unfairly or hurt you in some way to give you something or to do something : to bring a lawsuit against someone or something(Miriam Webster Online)

Criminal cases deal with someone who has broken a law, whereas civil law deals with an issue or disagreement between two people such as a lawsuit. In civil law there is the plaintiff, the person suing, and the defendant, the one being sued. In criminal law the defendant is the person who violated the law and the prosecutor is the state or the government. Finally, different courts see different cases, such as how probate courts ONLY see civil cases.

Misdemeanor...

OR

Felony?

In Criminal Law:

Felonies are your more serious crimes such as robbery,

auto theft, or arson. They are punishable by over

1 year in prison and fines up to 1000 dollars. In

contrast, misdemeanors are less

serious and have punishment far less than the

punishment for a felony. Misdemeanors carry less

than a year in prison and/or just a small fine.

Original or Appellate?

Trial courts hear a case for the first time, however, appellate courts review or take appeals from decisions made from trial courts. For example, the Georgia Supreme Court only hears appellate cases. The Georgia Court of Appeals deals with appellate cases as well, but the Georgia Supreme Court must review ALL death penalty cases.

Grand Jury VS. Trial Jury

Grand juries indict or acquit the accused, and decide if there is enough evidence to even go to trial, whereas a trial jury finds if the accused is guilty or not guilty. Georgia has around 16-23 grand jurors, the size of the other states' juries vary. However, juries are not used in juvenile court, the court for individuals under 18.