Our Court System

1. Our Court System Terms, procedures, and ideas you need to know

2. Criminal Law For violations of a law passed by a legislative body. Felonies and misdemeanors. The State v. the defendant [a person or an entity] First Trial = Court of Original Jurisdiction Both the act and the punishment is defined by legislative code [RCW’s] Civil Law Most of these involve a loss of “property” Person v. Person [corporation] First Trial = Court of Original Jurisdiction The loss has previously been defined as loss by a prior court OR, a court is now being asked to define it as a loss for the first time. Criminal and Civil Law

3. Criminal Law Guilty = Beyond A Reasonable Doubt [90-100% vote to convict] Punishment is as defined by law. Jail, Prison, Probation, and/or fine. Matrix, as developed by the state, determines this. If state loses, case is over. If state wins, defendant can appeal Civil Law Guilty = Preponderance of Evidence-Over ½ vote to convict Punishment is financial and/ or loss of “property”. Whoever loses the case can appeal.

4. Fundamentals of Trial

5. Questions determined at trial • Substantive Questions: • Questions of facts; • Questions of evidence; • Listen to evidence and determine guilt or innocence. • This is done by a jury [the trier of fact], • OR, if requested by defendant, • a judge. This is known as a bench trial.

6. Questions determined at trial • Procedural Questions • These are the rules and guidelines that the case must follow. • Commonly known as “The Rule of Law” or “Due Process of Law”. • Applied and determined by the judge before and during the trial. • Due Process of Law can be found in both the State and US Constitutions and the State and US Supreme Court rulings. • Generally speaking, the State is allowed to grant more rights and privileges than the US can.

7. The 4th, 5th, 6th and 8th Amendments • Amendment IV • The right of the people to be • 1] secure in their persons, houses, papers, and effects, • 2] against unreasonable searches and seizures, shall not be violated, and • 3] no warrants shall issue, but upon probable cause, • A] supported by oath or affirmation, • B] particularly describing the place to be searched, and the persons or things to be seized.

8. Amendment V • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, • nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb [double jeopardy]; • nor shall be compelled in any criminal case to be a witness against himself, • nor be deprived of life, liberty, or property, without due process of law; • nor shall private property be taken for public use, without just compensation.

9. Amendment VI • In all criminal prosecutions, • the accused shall enjoy the right to a speedy and public trial • by an impartial jury of the state and district wherein the crime shall have been committed; • to be informed of the nature and cause of the accusation; • to be confronted with the witnesses against him; • to have a compulsory process for obtaining witnesses in his favor, and • to have the assistance of counsel for his defense.

10. Amendment VIII • Excessive bail shall not be required, • nor excessive fines imposed, • nor cruel and unusual punishments inflicted.

11. Criminal CasesRules for Appeal of Decision • If the State loses, the case is over [double jeopardy]. That is why in most trials, the State will charge the defendant with as many crimes as possible in order to win at least one of them. • If the State wins, the defendant can appeal. • On Appeal, the case title is Defendant v. State. • Case goes to State Appellate Court. • Whoever loses on appeal can appeal to State Supreme Court. Case title is • Loser v. Winner • Whoever loses can appeal • to Federal Appeals Court. • Whoever loses can appeal • to U.S. Supreme Court.

12. Rules for Appeal of Decision • When a side appeals, they ask the court a “question” about the process of the trial that they think the judge ruled on in error. • The only questions that an appellate court hears are questions of procedure. They do not hear appeals on substantive questions. • Each year the Supreme Court is asked to review about 6500-8000 cases. • The Court “reviews” about 1,000 • The Court grants “Cert” to • about 80-110 of them. • These cases are heard in oral • argument.

13. Legality of search Legality of seizure Severity of punishment “Miranda” issues Validity of law [Is the law constitutional?] Most often heard Due Process cases

14. The Process of Appeal • Both [all] sides in the suit file Briefs with the court. • Amicus Curiae [friends of the court] are also filed at the request of both sides or at the request of the Court. • Briefs are a written argument by each side that outlines the cases or laws they believe should apply to their case. Previous cases are known as “precedent”.

15. Your NOYS Final • You will submit a Brief to the Supreme Court. The case you will argue is based on a problem with the jury in the trial. The teacher will provide the precedents and any necessary case law. • Your Class Final • You will submit a Brief to the Supreme Court. The case you will argue is based on a problem with the First Amendment. The teacher will provide the precedents and any necessary case law. You will also present your Brief in oral argument to the Court