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Questions and Answers
What is the primary function of the Appellate courts in Georgia?
What is the primary function of the Appellate courts in Georgia?
How many judges serve on the Court of Appeals in Georgia?
How many judges serve on the Court of Appeals in Georgia?
Which of the following types of cases does the Supreme Court of Georgia not hear?
Which of the following types of cases does the Supreme Court of Georgia not hear?
What is the term length for judges serving on the Supreme Court of Georgia?
What is the term length for judges serving on the Supreme Court of Georgia?
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Which courts are directly under the Supreme Court in Georgia?
Which courts are directly under the Supreme Court in Georgia?
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What action does the Governor take if an Appellate court judge leaves before elections?
What action does the Governor take if an Appellate court judge leaves before elections?
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How many levels are there in total for both Appellate and Trial courts in Georgia?
How many levels are there in total for both Appellate and Trial courts in Georgia?
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What is the dual purpose of the judicial branch?
What is the dual purpose of the judicial branch?
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Which of the following is a primary responsibility of the judicial branch in Georgia?
Which of the following is a primary responsibility of the judicial branch in Georgia?
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Which court handles cases involving habeas corpus in Georgia?
Which court handles cases involving habeas corpus in Georgia?
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What are the two types of state courts in Georgia?
What are the two types of state courts in Georgia?
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What is the maximum number of judges serving at a time in the Court of Appeals?
What is the maximum number of judges serving at a time in the Court of Appeals?
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Which court is responsible for handling appeals from lower courts?
Which court is responsible for handling appeals from lower courts?
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Which of the following is NOT a responsibility of the judicial branch?
Which of the following is NOT a responsibility of the judicial branch?
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What is the jurisdiction of the Supreme Court in Georgia?
What is the jurisdiction of the Supreme Court in Georgia?
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Which court directly handles cases regarding the death penalty in Georgia?
Which court directly handles cases regarding the death penalty in Georgia?
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What is the function of the Georgia Court of Appeals?
What is the function of the Georgia Court of Appeals?
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How many panels are there in the Court of Appeals of Georgia?
How many panels are there in the Court of Appeals of Georgia?
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Which type of cases does the Supreme Court of Georgia have exclusive jurisdiction over?
Which type of cases does the Supreme Court of Georgia have exclusive jurisdiction over?
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What ensures that the punishment fits the crime in Georgia's judicial system?
What ensures that the punishment fits the crime in Georgia's judicial system?
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What is the purpose of an indictment in the legal process?
What is the purpose of an indictment in the legal process?
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During which phase of a trial do attorneys present their final arguments?
During which phase of a trial do attorneys present their final arguments?
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What occurs after the jury has made its decision?
What occurs after the jury has made its decision?
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What can a defendant do if they believe there were mistakes in their trial?
What can a defendant do if they believe there were mistakes in their trial?
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What is the primary role of witnesses during a trial?
What is the primary role of witnesses during a trial?
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What must the prosecutor prove in a criminal case?
What must the prosecutor prove in a criminal case?
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What is the key characteristic of a misdemeanor?
What is the key characteristic of a misdemeanor?
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What is the initial step in the criminal justice process?
What is the initial step in the criminal justice process?
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In civil cases, what is typically sought by the plaintiff?
In civil cases, what is typically sought by the plaintiff?
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During which process does a magistrate judge determine if there was a crime committed?
During which process does a magistrate judge determine if there was a crime committed?
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What level of proof is required in civil cases to establish guilt?
What level of proof is required in civil cases to establish guilt?
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What role does the grand jury play in the criminal justice process?
What role does the grand jury play in the criminal justice process?
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What is a possible consequence for a defendant found guilty in a civil case?
What is a possible consequence for a defendant found guilty in a civil case?
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Study Notes
Judicial Branch Overview
- The judicial branch interprets laws and administers justice in Georgia.
- Justice serves as the principal aim of the state courts.
Types of State Courts
- Georgia's judicial system includes two main types of courts: Appellate courts and Trial courts.
- A total of seven levels exist, with two appellate courts and five trial courts.
Appellate Courts
- Appellate courts review judgments from lower courts and handle appeals exclusively.
- Their functions ensure trials adhere to fairness and comply with the Georgia Constitution.
- If a judge leaves the Appellate courts mid-term, the governor appoints a replacement.
- Key types of Appellate courts:
-
Court of Appeals:
- Comprises 15 judges working in panels of three.
- Has five distinct panels to manage cases.
- Judges serve six-year terms.
- Excludes cases already under the Supreme Court's exclusive jurisdiction.
-
Supreme Court:
- The highest court in the state, with one court only.
- Comprised of nine judges, each serving a six-year term.
- Hears critical cases regarding constitutional law, death penalties, election disputes, land titles, equity matters, and habeas corpus.
-
Court of Appeals:
Role of Judges and Legal Interpretation
- Judges interpret laws and ensure legislative acts conform to constitutional standards.
- The Supreme Court plays a key role in clarifying ambiguous laws.
- The judiciary acts as a vital check, ensuring justice based on constitutional adherence, fair legal representation for citizens, impartiality, and appropriate punishment corresponding to crimes.
Structure of the Courts
- Directly under the Supreme Court are the Court of Appeals and Superior Court.
- The Court of Appeals oversees three additional courts: Magistrate, Municipal, and Probate courts.
- The Superior Court administers three courts: Juvenile, Probate, and State courts.
Trial Courts
- Trial courts weigh actions against the law, with outcomes determined by either a jury or a judge.
- Major types of trial courts:
- Superior Court: Listens to any case and can employ a judge alongside a jury.
- State Courts: Handle misdemeanors and civil cases but do not conduct jury trials.
- Juvenile Courts: Focus on cases involving children under 18 without jury involvement.
- Probate Courts: Manage administrative matters like wills and can utilize juries.
- Magistrate Courts: Address civil claims up to $15,000, functioning without juries.
Judicial Branch Overview
- The judicial branch interprets laws and administers justice in Georgia.
- Justice serves as the principal aim of the state courts.
Types of State Courts
- Georgia's judicial system includes two main types of courts: Appellate courts and Trial courts.
- A total of seven levels exist, with two appellate courts and five trial courts.
Appellate Courts
- Appellate courts review judgments from lower courts and handle appeals exclusively.
- Their functions ensure trials adhere to fairness and comply with the Georgia Constitution.
- If a judge leaves the Appellate courts mid-term, the governor appoints a replacement.
- Key types of Appellate courts:
-
Court of Appeals:
- Comprises 15 judges working in panels of three.
- Has five distinct panels to manage cases.
- Judges serve six-year terms.
- Excludes cases already under the Supreme Court's exclusive jurisdiction.
-
Supreme Court:
- The highest court in the state, with one court only.
- Comprised of nine judges, each serving a six-year term.
- Hears critical cases regarding constitutional law, death penalties, election disputes, land titles, equity matters, and habeas corpus.
-
Court of Appeals:
Role of Judges and Legal Interpretation
- Judges interpret laws and ensure legislative acts conform to constitutional standards.
- The Supreme Court plays a key role in clarifying ambiguous laws.
- The judiciary acts as a vital check, ensuring justice based on constitutional adherence, fair legal representation for citizens, impartiality, and appropriate punishment corresponding to crimes.
Structure of the Courts
- Directly under the Supreme Court are the Court of Appeals and Superior Court.
- The Court of Appeals oversees three additional courts: Magistrate, Municipal, and Probate courts.
- The Superior Court administers three courts: Juvenile, Probate, and State courts.
Trial Courts
- Trial courts weigh actions against the law, with outcomes determined by either a jury or a judge.
- Major types of trial courts:
- Superior Court: Listens to any case and can employ a judge alongside a jury.
- State Courts: Handle misdemeanors and civil cases but do not conduct jury trials.
- Juvenile Courts: Focus on cases involving children under 18 without jury involvement.
- Probate Courts: Manage administrative matters like wills and can utilize juries.
- Magistrate Courts: Address civil claims up to $15,000, functioning without juries.
Criminal Law vs. Civil Law
- Guilt in criminal cases must be proven beyond a reasonable doubt, making it more challenging for prosecutors.
- Crimes with punishments less than one year are classified as misdemeanors, while felonies involve punishments of one year or more.
- A criminal case is initiated by the government, aiming to prove the defendant's guilt.
- The defendant retains the right to testify in their defense.
- Possible penalties for guilty defendants include fines, incarceration, or both.
Civil Law Characteristics
- Civil cases are initiated by private parties (plaintiffs) seeking financial compensation for damages.
- Plaintiffs must present their complaints to the court and demonstrate a valid basis for their claims.
- In civil cases, defendants may be compelled to testify, and guilt is determined by a preponderance of evidence.
- Most civil cases settle outside of court; there are no prison sentences for civil cases.
Criminal Justice Process Steps
- Arrest: Detainment occurs when there's sufficient evidence of a serious crime.
- Booking: Official arrest report is generated and the suspect is held in jail.
- Initial Appearance: The suspect appears before a judge who explains the charges and considers bail.
- Preliminary Hearing: A magistrate assesses if a crime occurred and whether there’s probable cause connecting the suspect to it.
- Grand Jury Indictment: A grand jury reviews evidence to decide if a formal charge (indictment) is warranted.
Trial Process Overview
- Selecting a Jury: 12 citizens are chosen as jurors, with questioning to ensure impartiality.
- Opening Statements: Attorneys present their case objectives to the jury.
- Presentation of Evidence: Witnesses provide testimonies, with jurors evaluating the presented evidence.
- Closing Statement: Final arguments are made by both attorneys post-testimony.
- Jury Deliberation and Verdict: Jurors discuss and decide on the defendant’s guilt; a not guilty verdict leads to release.
Sentencing and Appeals
- Sentencing: If found guilty, the judge pronounces the punishment in terms of prison time and potential fines.
- Appeal: Defendants can contest their conviction or legal errors, prompting a review by an appellate court.
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Description
Explore the structure and functions of the judicial branch in Georgia, focusing on its dual purpose of law interpretation and justice administration. Learn about the two types of state courts, Appellate and Trial courts, along with their respective roles and levels within the system.
