state courts
State courts handle nearly every type of case in the United States, including most fraud caseState courts are organized with lower-level trial courts, higher-level trial courts, and appellate courts.
federal courts
handle only those cases over which the U.S. Constitution or federal laws give them authorityThe federal court system includes bankruptcy courts, tax courts, district courts, appeals courts, and the Supreme Court.
civil litigation process
Every civil case involves the following four basic stages:(1)investigation and pleadings,(2)discovery,(3)motion practice and negotiation, and(4)trial and appeal.
criminal litigation process
filing criminal charges,(2)arresting and charging the defendant,(3)preliminary hearings,(4)arraignment,(5)discovery,(6)pretrial motions, and(7)trial and appeal.
lower-level trial courts
typically try cases on misdemeanors (small crimes) and preliminaries (pretrial issues) for felony and civil cases that are below a certain dollar amount
higher-level trial courtscourts
courts that hear initial actions as well as felony and civil cases that are above the lower-level dollar amount
apellate courts
first level of review of a court decision
fidelity bonding
an insurance contract that guarantees payment to an employer looking for protection in the event of unforeseen financial loss through the dishonest actions of an employee
deposition
testimony taken before trial begins
motion for summary judgment
counsel requests the court to rule that all or a part of the claim should be dismissed because no genuine issue of a material fact is present
affidavit
a written declaration given under oath
sixth amendment
provides defendants with certain rights of a speedy and fair trial by an impartial jury
Fifth Amendment
requires an indictment of a grand jury before a defendant is held for a capital crime; precludes a person from being tried twice for the same crime; gives the defendant the right to refuse to incriminate himself or herself; requires the state to apply due process of law; and forbids the state from taking a private party's property without just compensation
Fourth Amendment
protects defendants against unreasonable searches and seizures by the government