The Court System

1. The Court System

2. Appeals Court • Definition: A higher court that can change the decision of a trial court. • Ex. U.S. Courts of Appeals or U.S. Supreme Court. • No juries or witnesses • No new evidence presented

4. Petitioner • Presents arguments asking the court to change the decision of a trial court. • Wants decision of lower court overturned.

5. Respondent • Presents arguments supporting the decision of the trial court. • Doesn’t want decision of trial court to change.

6. Error of Law • This occurs when the judge makes a mistake during the trial (ex. gives wrong instructions to jury or allows evidence that should not have been allowed). • An appeal is possible if there has been a error of law. • A minor error that doesn’t affect outcome of trial is not a reason to appeal.

7. Precedent • Court decisions on legal questions that guide future cases with similar questions. • This is how courts “make law.” • Precedents are usually followed, but also can be overturned.

8. Majority Opinion • The actual decision of an appeal court.

9. Dissenting Opinion • A written argument of an appeals court stating why some judges disagreed with the majority opinion. • Can be the reasoning for future majority opinions.

10. Concurring Opinion • A decision of an appeals court that agrees with the majority but for different reasons.

11. Plessy v. Ferguson • Upheld racial segregation in railroad cars as long as they are “separate, but equal.” • Was a dissenting opinion that said this violated Constitution.

12. Brown v. Board of Education • “Separate, but equal” doctrine was declared unconstitutional. • They used part of the dissenting opinion from Plessy in this decision.

13. Federal Courts Hear criminal and civil cases about: • Constitution • Federal law • Parties from different states when over $75,000.

15. U.S. District Courts • Federal Trial Courts (where the case begins).

16. State Courts • Usually deal with family, traffic, criminal, probate, and small claims issues.