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The Court System

The Court System. Trial Courts. Listen to testimony, consider evidence, and decide the facts in disputed situations. Evidence is provided by witnesses 2 parties Civil- plaintiff and defendant Criminal- prosecutor and defendant Adversarial System vs Inquisitional System

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The Court System

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  1. The Court System

  2. Trial Courts • Listen to testimony, consider evidence, and decide the facts in disputed situations. • Evidence is provided by witnesses • 2 parties • Civil- plaintiff and defendant • Criminal- prosecutor and defendant • Adversarial System vs Inquisitional System • Pros and cons to each • Adversarial is believed to be the cornerstone to the American legal system

  3. Judges and Juries • Judge- presides over trial, makes sure everything is fair • Makes sure attorneys follow the rules • Nonjury trial- judge determines the facts of the case and renders a judgment • Jury trial- judge instructs the jury as to the law involved in the case • Judge sentences the individual, if convicted • 6th amendment- right to trial by jury in criminal cases • 7th amendment- right to trial by jury in a civil case in Federal Courts

  4. Most criminal cases- never brought to trial • Plea bargain- pretrial agreement between the prosecutor and defendant and his or her lawyer

  5. Juries • Voire Dire- selection of jury • Lawyers can question each potential juror • Excused for two reasons- • for cause (judge can agree to dismiss) • (examples?) • For peremptory challenge (limited number)

  6. Appeals Courts • A party presents an argument(s) asking the court to review the decision of the trial court • No juries, witnesses, no new evidence is presented • Not every lost trial can appeal- there has to be a claim that a trial court committed an error of law (judge makes a mistake as to the law applicable in the case • Example- judge gives permission to the jury to allow evidence that shouldn’t be allowed • Appeals court decision- sets a precedent that lower courts must follow • Higher courts (Supreme) can reverse precedent

  7. Judges • Appeals court- panel of 3 or more • Majority decision- states the decision of the court • Judge who disagrees- can write a dissenting opinion • Judge who agrees with outcome, but differs in the opinion of why- writes a concurring opinion

  8. Court System

  9. Federal- U.S. District Court - U.S. Circuit Court of Appeals- U.S. Supreme Court • State- Muncipal or County Court Intermediate Court of Appeals State Supreme CourtU.S. Supreme Court •  = Appeals to

  10. Sate court • Criminal court- often divided by felony/misdemeanor • Probate Courts- cases involving wills and claims against the estates of persons who die without a will • Small claims- (maximum of $500, $750, $1,000 depending on the state)- individuals often don’t bring lawyers

  11. Federal • Constitution gives Congress power to create courts • 94 federal judicial districts, 12 regional circuits

  12. Where is it tried? Why? • A state sues a neighboring state for dumping waste in a river that borders them • Wife sues her husband for divorce • Person is prosecuted for assaulting a neighbor • 2 drivers crash their cars into each other. One driver sues the other for medical bills and car repairs • A group of parents sues the local school board, asking that their children’s school be desegregated

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