Maricopa Community Colleges  AJS232   20052-20086 
Official Course Description: MCCCD Approval: 07/22/08
AJS232 20052-20086 LEC 3 Credit(s) 3 Period(s)
The Judicial Process
Examines the nature of law and its evolution via the operation of the court systems of the United States. Primary emphasis on criminal courts and their role in the criminal justice system. Includes the study of state and federal courts and the law governing their respective jurisdictions. Incorporates analysis of the structures and processes within various jurisprudential frameworks. Special attention given to the processes of adjudication and the organizational behaviors within the court system and between the members of the courtroom workgroup.
Prerequisites: None.
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MCCCD Official Course Competencies:
 
AJS232   20052-20086 The Judicial Process
1. Define "law", identify its sources, and explain its social objectives. (I)
2. Explain the roles of inductive and deductive logic in legal reasoning. (I)
3. Describe jurisprudential theories of law, justice, and judicial decision-making. (I)
4. Explain the basic structure of federal and state court systems. (II)
5. Describe the hierarchical, geographical, personal, and subject matter jurisdiction of local, state, and federal courts. (II)
6. Identify the differences between criminal and civil law and their processes. (II, IV, V)
7. Explain what judges, lawyers, witnesses, litigants, and other members of the courtroom workgroup do – and do not do – in our court systems. (III)
8. Identify the pre-trial and trial processes of both civil and criminal courts. (IV, V)
9. Explain the role of the jury system in civil and criminal justice. (IV, V)
10. Explain the processes of appeal and collateral attack on final judgments. (IV, V)
11. Explain the role courts play as institutions of formal social control. (I-V)
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MCCCD Official Course Outline:
 
AJS232   20052-20086 The Judicial Process
    I. The Nature and Role of Law in Society and How the Courts "Fit In"
        A. Introduction to the Courts and the Laws Under Which They Operate
        B. Overview of Law
          1. Criminalization and the Legislation of Morality
          2. Sources of Law
          3. Social Objectives of Law
          4. The Processes of Legal Reasoning
            a. What Legal Reasoning Is and Why It Matters
            b. Change and Stability in Legal Reasoning
            c. Origins of Judicial Review and Its Role in the Legal Process
          5. Theories of Legal Decision-Making and Constitutional Interpretation
      II. The Structure and Administration of the Courts
          A. Organization and Structure of the Federal Court System
            1. Article III Courts
            2. Other Federal Courts
          B. Organization and Structure of State Court Systems
          C. Jurisdiction of the Courts
            1. Original and Appellate Jurisdiction
            2. Geographic Jurisdiction
            3. Personal Jurisdiction
            4. Subject Matter Jurisdiction
          D. The Dynamics of Courthouse Justice
        III. The Courtroom Workgroup: The Roles of the Players in Criminal Courts
            A. Prosecutors
            B. The Role of Defense Counsel in Criminal Courts
            C. Judges
            D. Defendants, Victims, and Lay Witnesses
            E. Expert Witnesses
              1. The Frye Test
              2. The Daubert Test
            F. The Roles of Other Professional Members of the Courtroom Workgroup
          IV. Processing of Criminal Cases in American Courts
              A. Arrest to Arraignment: The Process of Case Attrition
              B. Bail
              C. Discovery: Disclosing Evidence
              D. Plea Bargaining
              E. Trials and Juries
                1. Presumptions and Inferences
                2. Basic Evidence
                  a. Relevance
                  b. Hearsay c Privilege
                3. The Criminal Trial Process
                4. The Role of Juries
              F. Sentencing
                1. Indeterminate vs. Determinate Sentencing
                2. Probation and Community Corrections
                3. Incarceration
                4. The Death Penalty
              G. Appeals
                1. Appeals as a Right
                2. Discretionary Appeals
            V. Processing of Civil Cases in American Courts
                A. Types of Civil Law Cases
                B. Instituting a Civil Case
                C. Civil Discovery
                  1. Initial Disclosures
                  2. Interrogatories
                  3. Requests for Admission
                  4. Depositions
                D. Pre-Trial Adjudications
                  1. Motions to Dismiss
                  2. Motions for Summary Judgment
                E. The Civil Trial Process
                F. Appeals
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