❖ ROLE OF THE ❖ CIVIL CASES SETTLING DISPUTES OUTSIDE COURTROOMS SUPERIOR COURTS Civil cases are brought against individuals or organiza- In recent years, many California courts have established A superior court is a trial court in which a judge or jury tions by other individuals or organizations. In some civil programs for alternative dispute resolution (ADR). ADR decides cases by applying the law to the facts presented by cases, the plaintiff seeks money damages to be paid by the encompasses a variety of techniques for resolving legal dis- witnesses’ testimony and other evidence. Superior courts are defendant. In other kinds of civil cases, the parties ask the putes before they reach the courtroom. ADR programs may different from appellate courts, where people who are not sat- court to take a certain action, such as to dissolve a marriage, have several different goals, including offering litigants dis- isfied with trial court decisions appeal their cases. decide the custody of minor children, adjudge the mental pute resolution options that fit their needs, saving time and Annually, about 8 million cases are filed in the superior competency of an aged or ill person, dispose of a deceased money for both the parties in the dispute and the courts, courts at some 373 court locations throughout the state. Of person’s estate, or change a legal name. Other civil suits are and reducing court congestion and the number of cases these, over 6.3 million are criminal—the majority involving brought to stop someone from doing something or to com- going to trial. Two popular forms of ADR are: traffic matters—and 1.5 million are civil. pel someone to act. Arbitration A civil case begins when the plaintiff files a written In arbitration, the neutral party conducts a hearing, receives ❖ JURISDICTION document called a complaint (or, in some kinds of cases, a evidence, and decides the outcome of the dispute. Superior courts have trial jurisdiction over all criminal petition) with the court. The clerk of the court issues a sum- Mediation and civil cases. Special departments of the courts handle mons that is served on the defendant along with a copy of In mediation, the neutral party does not decide the dispute family, probate, mental health, juvenile, small claims, and the complaint. The defendant has 30 days to file an answer but helps the parties communicate so that they can settle traffic cases. Many superior courts also have specialty depart- or demurrer with the clerk of the court (except in eviction the dispute themselves. The parties have a greater chance to ments for nonviolent drug offenses and domestic violence cases, where the defendant generally has just 5 days). The participate in resolving their own dispute than they would cases. Superior courts handle cases in which parties ask for defendant may answer (admit or deny) each of the allega- in trial or arbitration. Your court clerk can tell you whether special relief, such as an injunction or a declaratory order. tions and present reasons that the plaintiff is not entitled to your local court offers these or other forms of ADR. the relief he or she seeks. If the defendant fails to respond ❖ JUDGES in the time allowed by law, the plaintiff may file for a judg- The superior courts have 1,498 judges statewide. The ment by default. JUDGMENT When the jury reaches a verdict or the judge renders a deci- California Legislature determines the number of judges in Before the actual sion (and sometimes also under a settlement agreement), the People turn to the courts to settle their disputes each court—ranging from 2 in sparsely populated counties trial begins, a man- court enters a judgment. The court can enforce the judg- to more than 400 in Los Angeles County. Superior court datory settlement ment in various ways, such as by garnishing wages or when they are unable to settle them alone. judges serve six-year terms and are elected by county voters conference is held attaching property. A party who is dissatisfied with the deci- on a nonpartisan ballot at a general election. Vacancies are with a judge to see California has two types of courts: sion of the judge or jury and believes it may be incorrect filled through appointment by the Governor. A superior whether there is can appeal the decision within a limited time. trial courts, also called superior courts, court judge (with the exception of former municipal court any chance of a judges in now unified courts) must have been an attorney settlement before and appellate courts, which include the admitted to practice law in California or have served as a trial. judge of a court of record in this state for at least 10 years ONLINE SELF-HELP CENTER California Supreme Court and the six districts immediately preceding election or appointment. www.courtinfo.ca.gov/selfhelp

▲ While most cases www.sucorte.ca.gov of the Courts of Appeal. Each county has one are settled before trial, ▲ In addition to traditional The bilingual California Courts Online Self-Help services, courts now offer new trial by jury is one of superior court to hear civil and criminal cases. Center provides quick access to hundreds of tools, kinds of assistance that may in- our fundamental rights, resources, and links to help Californians find legal clude mediation and arbitra- and jury duty is one The superior courts vary in size assistance, learn about state law, work more knowl- tion; special advisors for family of our vital duties as edgeably with an attorney, and represent themselves and small claims; programs to citizens. Information in some legal matters. The site provides easy-to- from 1 to 55 branches. assist low-income self-represented about jury service is litigants; specialty courts for understand descriptions of court procedures, step- available from the by-step guides for choosing and completing court teenagers, the mentally ill, and California Courts Web drug offenders; and other new forms, and links to local legal service organizations site at www.courtinfo services to meet the needs of and lawyer referral programs. today’s litigants. .ca.gov/jury/. Photo by Russ Curtis. ❖ CRIMINAL CASES STEPS IN A CIVIL CASE Criminal cases range from relatively minor offenses New case filed/summons issued. our Rights in Court such as traffic infractions to serious ones such as robbery and ▼ You have rights that are guaranteed murder. A criminal case usually begins when a prosecutor Summons/complaint served. files formal charges, a person is arrested, or a grand jury issues ▼ by the Constitutions and statutes of the an indictment. The state makes the charge against someone Answer or other response filed. accused of committing a crime because a crime is a viola- ▼ United States and California. These rights include: tion of penal laws and is considered an act against society. Case management review. ❖ Visitors’ Guide The prosecuting attorney presents the charge against the ▼ The right to sue for money owed accused person (defendant) on behalf of the state and must Discovery. to the prove to the judge or jury that the defendant is guilty. In all ▼ and for other relief; criminal cases, the defendant is presumed to be innocent ADR. ❖ and the prosecutor must prove each element of the crime ▼ California beyond a reasonable doubt. Settlement or The right to defend yourself against a lawsuit; If a defendant who has been charged with a felony or ▼ ❖ Superior Courts a misdemeanor cannot afford to hire an attorney, the court Trial/judgment. will appoint one. (However, the court does not appoint an The right to be presumed innocent attorney for infraction cases, since convictions for infrac- if charged with a crime; tions do not result in jail or prison terms.) STEPS IN A CRIMINAL CASE Arrest. ❖ Felony ▼ The right to defend yourself A felony is a criminal offense punishable by incarceration in Arraignment. a state prison for more than a year or by death. ▼ against all criminal charges; Misdemeanor Preliminary hearing (felony case only). ❖ ▼ A misdemeanor is a lesser offense than a felony. It is punish- able by fine or incarceration for less than a year in a city or If a guilty plea is entered, case goes directly to sentencing. The right to a public and speedy trial ▼ county jail rather than in a state penitentiary. by jury if you are charged with a Pretrial motions. Infraction ▼ felony or misdemeanor; and Serving over 35 million Infractions are not punishable by jail or prison time; the Trial. ❖ punishment is a fine. Because the penalty in an infraction ▼ Californians, the superior courts case is a fine, the trial is decided by a judge, not a jury. The Verdict. The right to an attorney at more common infractions include traffic matters, such as ▼ public expense if you are charged with a work to resolve a wide and complex speeding and running a red light or a stop sign. The total Sentencing. fine for an infraction can be as much as $200 or more. felony or misdemeanor and cannot afford an attorney. range of civil and criminal disputes The American court system is divided into federal and SENTENCES with a commitment to State and local laws define crimes and specify punishments. state systems. Each is independent of the legislative and executive branches of government. The state and Some counties offer “diversion” programs that allow a judge equality and fairness. to order a defendant to get medical treatment or counseling federal courts have overlapping power in some matters; Published by the Judicial Council of California or to do community service work. The diversion program each has exclusive power in other matters. Administrative Office of the Courts may take the place of a fine or jail sentence in certain types 455 Golden Gate Avenue of misdemeanor and felony charges. San Francisco, California 94102-3688 415-865-4200 www.courtinfo.ca.gov September 2004