A Peek Into the Law

A brief snapshot of the legal system for you (yes you!), so you are aware of the world you live in and can utilize this information for your benefit!

The U.S. Government

Federal Court System

  • Established: Article III of the U.S. Constitution (1789)

  • Purpose: Interpret federal laws, resolve disputes involving federal issues, ensure constitutional compliance

  • Structure: Three-tiered hierarchy

    • District Courts (trial level)

    • Circuit Courts of Appeals (intermediate appellate level)

    • Supreme Court (highest level)

  • Jurisdiction: Federal questions, diversity of citizenship, U.S. as party, constitutional issues

  • Judicial Independence: Lifetime appointments (Article III judges)

    • Checks and Balances:

      • President appoints judges

      • Senate confirms judges

      • Congress sets court structure and budgets

      • Courts can declare laws unconstitutional (judicial review)

    • Stare Decisis: Precedent guides future decisions

    • Separation of Powers: Judiciary independent from legislative and executive branches

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New York State Court System

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Civil Court vs. Criminal Court

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Civil Court vs. Criminal Court ~

Aspect

Parties

Civil Court

Plaintiff vs. Defendant

Criminal Court Procedures (CPL)

Criminal Court Procedures (CPL)

  • Full Name: Criminal Procedure Law

  • Governs: Criminal prosecutions in New York State

  • Adopted: 1971 (replaced Code of Criminal Procedure)

  • Scope:

    • Arrest and bail procedures

    • Grand jury proceedings

    • Indictments and informations

    • Pre-trial motions

    • Trial and sentencing

  • Key Features:

    • Grand Jury: Required for felony charges (NY)

    • Speedy Trial: Strict time limits (e.g., 6 months for felony readiness)

    • Double Jeopardy: Cannot be tried twice for same offense

    • Sentencing: Statutory guidelines, judge discretion within ranges

    • Miranda Rights: Required for custodial interrogation

Civil Court Procedures (CPLR)

Civil Court Procedures (CPLR)

  • CPLR Full Name: Civil Practice Law and Rules

  • Governs: Civil litigation in New York State courts

  • Adopted: 1963 (replaced older Civil Practice Act)

  • Scope:

    • Pleadings and motions

    • Discovery processes

    • Trial procedures

    • Judgments and enforcement

    • Appeals

  • Key Features:

    • Statute of Limitations: Varies by claim type (e.g., 3 years for personal injury)

    • Discovery: Broad scope (depositions, interrogatories, document production)

    • Summary Judgment: Available when no genuine issue of material fact exists

    • Remedies: Monetary damages, equitable relief (injunctions)

Purpose

Punish wrongdoing, protect society

Resolve disputes, compensate harm

Burden of Proof

Preponderance of evidence

Beyond reasonable doubt

Outcome

Damages, injunctions, specific performance

Right to Counsel

Constitutional right (6th Amendment)

No constitutional right

Jury Size

Typically 6-12

Typically 12 (felony), 6 (misdemeanor)

Prison, fines, probation, parole

Verdict Requirement

Majority often sufficient

Criminal Court

People/State vs. Defendant

Unanimous (NY felony)

Landmark Supreme Court Cases

Progression of a case in the Supreme Court

Bill of Rights

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Further Reading

  • Youth Right to Protest

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  • Educational Justice in Schools

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  • Fight Discrimination

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  • Build Skills in Lobbying and Lawmaking

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  • Facilitate Mutual Aid

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  • Climate and Environmental Justice

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  • Support Youth Voting Rights

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  • Abolition and Community Safety

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Do not use this site to replace a lawyer or share private information.

The tools and services we provide are not intended to create an attorney-client relationship between you or PDP. The information provided in the educational materials and community meetings is not intended to constitute legal advice and should not be substituted for the advice of or in lieu of consultation with an attorney. PDP seeks to keep information up-to-date and accurate but cannot guarantee the completeness or accuracy of the information. PDP disclaims any liability for errors that may be contained in its public education materials and community-facilitated meetings and shall not be responsible for any damages, consequential or actual, arising out of or in connection with the use of this information. PDP makes no warranties, express or implied, as to the quality, content, accuracy, or completeness of the information, text graphics, links, and other items in its public education materials and community-facilitated meetings. Different states also have very different laws from the ones we might discuss in our public education materials and community-facilitated meetings.