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COURTS

COURTS. DUAL COURT SYSTEM FEDERAL STATE FEDERAL COUNTERFEITING KIDNAPPING SMUGGLING DRUG TRAFFICKING

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Page 1: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

COURTS

Page 2: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

DUAL COURT SYSTEM FEDERAL

STATE

Page 3: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

FEDERAL

COUNTERFEITING

KIDNAPPING

SMUGGLING

DRUG TRAFFICKING

Page 4: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

STATE COURTS FOR EVERY ONE FELONY CONVICTION

IN FEDERAL COURT THERE ARE MORE THAN 20 FELONY CONVICTIONS IN STATE COURT

Page 5: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

JURISDICTION THE GEOGRAPHIC TERRITORY OR

LEGAL BOUNDARIES WITHIN WHICH CONTROL MAY BE EXERCISED; THE RANGE OF A COURT’S AUTHORITY

Page 6: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

FEDERAL VS STATE

Page 7: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

STATE COURT STATE SUPREME COURT STATE COURT OF APPEALS TRIAL COURTS/DISTRICT COURTS

(GENERAL JURSDICTION) TRIAL COURTS/LIMITED JURSDICTION

MUNICIPAL COUNTY

CONCILIATION COURTS—UP TO $10,000

Page 8: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

JUDGES EXPECTED TO EMBODY JUSTICE Six methods of selection

Gubernatorial appointment Legislative selection Merit selection Nonpartisan election Partisan election Mixture of methods

Page 9: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

STATE OF MN NONPARTISAN—PARTY AFFILIATIONS

ARE NOT LISTED ON THE BALLOT

Page 10: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MINNESOTA JUDGES

SUPREME COURT-7

COURT OF APPEALS-19

DISTRICT COURTS JUDGES-289

Page 11: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

JOB REQUIREMENTS LAWYER UNDER THE AGE OF 70 ELECTED TO 6 YEAR TERMS IF APPOINTED BY THE GOVERNOR—

SERVE AT LEAST ONE YEAR BEFORE AN ELECTION

Page 12: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

DISTRICT COURTS TEN DISTRICTS

2ND—RAMSEY COUNTY 4TH—HENNEPIN COUNTY 10TH—WASHINGTON COUNTY

10 JUDGES

Page 13: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MN TEN DISTRICT COURTS

Page 14: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MINNESOTA SUPREME COURT CHIEF JUSTICE LORIE SKJERVEN

GILDEA

ESTABLISHED IN 1849

MN BECAME A STATE IN1858

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Page 16: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MN SUPREME COURT

Page 17: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

FIRST CASE A PERSON WANTED $2 PASTURE FEE FOR

A STRAY COW THAT HAD WANDERED ONTO HIS PROPERTY

Page 18: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

DECISION???

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Page 20: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MN COURT OF APPEALS 19 JUSTICES FINAL RULING 95% OF ITS CASES TO MAKE IT MORE EFFICIENT THE

JUSTICES FORM 3 JUDGE PANELS AND THEY TRAVEL THROUGHOUT THE STATE

Page 21: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

AKA: APPELLATE COURTS THEIR JOB IS TO REVIEW THE

DECISIONS OF LOWER COURTS

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U.S. SUPREME COURT 9 JUSTICES—NUMBER SET BY SENATE JOHN G. ROBERTS—CHIEF JUSTICE

SINCE 09/2005 APPOINTMENT FOR LIFE APPOINTED BY THE PRESIDENT

Page 23: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

JUSTICE JOHN G ROBERTS

Page 24: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

U.S. SUPREME COURT

Page 25: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

SUPREME COURT IS KNOWN AS:

THE COURT OF LAST RESORT

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WARREN BURGER APPOINTED BY NIXON GRADUATE OF JOHNSON H.S. CHIEF JUSTICE 1969 TO 1986 DIED IN 1995

Page 27: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

U.S. STATE ATTORNEY Minnesota

Criminal Division

Civil Division

Administrative Division

Community Relations Division

Page 28: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

CRIMINAL DIVISION ECONOMIC CRIMES

Investment Banking Public Corruption

NARCOTICS Works with DEA, IRS, FBI

Page 29: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MAJOR CRIMES Bank Robberies

Counterfeiting

Crimes on the Red Lake and Bois Forte Indian Reservations

Page 30: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

CIVIL DIVISION TORT ACTIONS

Agent sued

Medical Malpractice

Wrongful Death

Page 31: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

U.S. ATTORNEY GENERAL Part of Cabinet---Department of Justice

Appointed by President

Eric Holder Jr. Appointed 02/03/2009

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Page 33: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

MN ATTORNEY GENERAL Chief legal officer for the State of Minnesota

Chief policy maker in areas of Consumer protection Health Care Housing Utilities

Page 34: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

Lori Swanson Elected in 2006 First female MN AG

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PROSECUTORS District Attorney State’s Attorney County Attorney Commonwealth Attorney

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WASHINGTON COUNTY ATTORNEY

PETE ORPUT

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Other duties Legal Advisor to Police Departments

Guide Police Investigations

Close Working Relationship

Page 39: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

DISCRETION Prosecutorial Discretion

Lies in the power to charge, or not to charge, a person with an offense

Page 40: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

TRIAL The examination in a court of the issues of

fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant

Page 41: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

48 HOUR RULE Arrested without a warrant

Must go before a Judge no later than 48 hours so the Judge can determine probable cause for that arrest

Page 42: COURTS. DUAL COURT SYSTEM  FEDERAL  STATE FEDERAL  COUNTERFEITING  KIDNAPPING  SMUGGLING  DRUG TRAFFICKING

Clock begins immediately upon the time of arrest and includes the day of arrest. Saturdays, Sundays and legal holidays are also included.

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36 HOUR RULE/RULE 5/BAIL Arrested without a warrant---must be brought

before the judge no later than 36 hours after arrest

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Computation does NOT include the day of arrest, Sundays or legal holidays.

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