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Trial Courts

Trial Courts. Why Do I Need to Know This?. Because if you ever are arrested for a crime, your case will begin in a trial court . Because if you ever need to sue someone for money, your case will begin in a trial court .

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Trial Courts

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  1. Trial Courts

  2. Why Do I Need to Know This? • Because if you ever are arrested for a crime, your case will begin in a trial court. • Because if you ever need to sue someone for money, your case will begin in a trial court. • Because only the trial court can determine the issues of fact in the case.

  3. Trial Courts • Listen to testimony, consider evidence, decide facts • 2 parties: Plaintiff/Prosecutor v. Defendant • Evidence provided by witnesses • Once a trial court decision is made, losing party may appeal to an appellate, or appeals, court ONLY IF an error of law was allegedly committed Accuser in Civil Accuser in Criminal

  4. Two Main Court Systems • Adversarial • Inquisitional

  5. Adversarial Inquisitional

  6. Adversarial Court System • Used by the United States • Contest between opposing sides, or adversaries • THEORY: Judge/Jury will be able to determine the truth if the opposing sides present their best arguments and show weaknesses of other side’s case • Decision made by judge or jury based on evidence presented

  7. Inquisitional Court System • Used in European countries • THEORY: Judge will be able to determine the truth by actively questioning witnesses and controlling the court process, including the gathering and presenting of evidence • Ex: Judge Judy… • Lower “court” that uses the inquisitional system

  8. Criticism of the Adversarial System Critics claim… • It is not the best method for discovering the truth w/ regards to the facts • Lawyers act as enemies, making every effort NOT to present ALL the evidence • Goal is “victory, not truth or justice” Supporters claim • Approaching the same set of facts from two different perspectives will uncover more truth than other systems

  9. Judges • Acts like a “referee” for the trial • Presides over trial • Protects rights of those involved • Makes sure rules of evidence are followed • Determines the facts of the case and renders a judgment (NONJURY TRIALS ONLY) • Instructs the jury • Sentences convicted criminals

  10. Jury Selection

  11. Juries • 6th Amendment = Right to trial by jury • 7th Amendment = Right to trial by jury in civil cases at the federal level • Juries not used as often as you’d think… • Criminal cases defendant decides whether or not to have a jury • Many criminal cases never brought to trial (plea bargains) • Many civil cases result in out-of-court settlements or bench trials • 6-12 Persons • Federal criminal cases require 12 • Require unanimous verdict in criminal cases

  12. Jury Duty • Must be… • A US citizen • At least 18 • Able to speak and understand English • A resident of the applicable state

  13. Jury Selection • Voir dire examination: Potential jurors are question by both sides to determine which ones best fit their case • Peremptory challenge: Certain #, pre-determined, that can be dismissed without giving a reason • Much research goes into this • Removal for cause: asking for a juror to be dismissed b/c he or she is “incapable of rendering a fair and impartial verdict” http://www.youtube.com/watch?v=9enPC37mHrM

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