Chapter 5

1. Chapter 5 The Court System

2. Trial courts • Parties • Plaintiff • Prosecutor • Defendant • Juror • Adversarial system • Inquisition system • Plea bargain • Stare decisis • Voirdire • Removal for cause • Peremptory challenges • Appeals court • Error of law • Precedent • Dissenting opinion • Concurring opinion • Probate • Inherent powers • Delegated power • Petitions for certiorari Key Terms

3. State Court System • Federal Court System • Tribal Court System • Each has trial and appeals courts • Supreme Court of the U.S. • The highest court in the land • Hears appeals from other court systems. The Court System

4. Listen to testimony • Consider evidence • Decide the facts in disputes • Two parties in a trial • Civil Trial – Plaintiff, the party bringing legal action • Criminal Trial – Gov’t initiates the case and serves as the prosecutor • Defendant – responding party • Losing party may appeal to appellate court Trial Courts

5. METHODS OF HANDLING DISPUTES • Adversarial system – contest between opposing sides • Judge or jury will be able to determine the truth • Inquisitional system (used by the Europeans) – judge questions the witness and controls the court process, include gathering and presenting evidence Trial Courts

6. Judge and juries are essential parts: • Judge presides over the trial • Has duty to protect rights • Makes sure attorneys follow the rules and procedures • Non-jury trials – judge determines the facts and renders judgment • Jury trials – judge required to instruct jury as to the law • Criminal trials – judge sentences convicted individuals • Sixth Amendment – guarantees right to trial by jury in a criminal case (applies to both federal and state courts) • Seventh Amendment – guarantees a right to trial by jury in a civil case in federal courts Trials Courts Parts of the legal system

7. Civil Case – plaintiff or defendant request a jury trial • Criminal Case – defendant decides if jury • Most cases are never brought to trial, they are disposed by a plea bargain (pre-trial agreement) between the prosecutor and defendant • To serve on jury: • U.S. Citizen • At least 18yrs old • Speak and understand English • Resident of the State • Duty to serve when called upon • Cannot be convicted felon Trials Courts Parts of the legal system

8. Voir dire - Jurors are screened through an examination process • Opposing lawyers question each prosecutor’s jurors • Removal for cause – removal of juror who appears incapable of rendering fair and impartial verdict • Peremptory challenge – a limited number of juror removed without stating a cause. Trials Courts Juror process

9. Plaintiff/Prosecutor opening statement • Defense opening statement • Direct Examination by plaintiff/prosecutor • Cross-examination by defense • Motions • Direct examinations by defense • Cross-examination by plaintiff/prosecutor • Closing statement by plaintiff/prosecutor • Closing statement by defense • Rebuttal argument • Jury instructions • Verdict - hung jury if unanimous decision is not reached, case may be tried again Steps in a Trial (pg. 49)

10. Has anyone in your family ever served on a jury? What type of case? • Why would someone choose not to have a jury trial in a civil case? How about a criminal case? • What are some reasons service members (clergy, attorneys, physicians, police officers, & convicted felons are excluded from jury service? • For what reasons might an attorney use a peremptory challenge? Student Q&A problem 5.2

11. One party presents arguments • No juries • No witnesses • No new evidence presented • Only lawyers appear before judge • Appeal is only possible when trial court has committed an error of law (judge makes mistake) • Exp. Wrong instructions to jury / permits evidence not allowed. • Issues a precedent - courts “making law” – written opinion for all future cases Appeals Courts

12. Decisions are made by a panel of judge/justices – 3 or more • Supreme Court – 9 justices • Majority opinion states decision • Dissenting opinion – when judges disagree with majority issue a separate document stating disagreement • Concurring opinion – judge agrees with majority, but for different reasons that do not support majority opinion. Appeals Courts

13. State Courts: • General jurisdiction • Hear cases that deal with state law • All states have trial courts called (superior, county, district or municipal courts) • Specialize in family, traffic, criminal, probate (provide genuine will), small claims court State and Federal Court system

14. A state sues a neighboring state for dumping waste in a river that borders both states? • federal district court  appeals to U.S. Circuit Court of Appeals • A wife sues her husband for divorce. • state court  appeals to state’s court of appeals • A person prosecuted for assaulting a neighbor. • state criminal court  state court of appeals • A group of parents sue the local school board, asking that their children’s school be desegregated. • Federal district court since it involves US Constitution  state court as well --- also has authority to enforce US Constitution Consider – Federal or State court

15. Federal Courts: • Limited jurisdiction • Hear criminal and civil cases involving federal law • Known as U.S. District Courts • If you lose, you may be able to appeal to U.S. Circuit Court of Appeals in your region • 94 District Courts • 13 Circuit Courts • Approx. 70% of cases are bankruptcy cases State and Federal Court system

16. Supreme Court: • Final appeal court • Article III of U.S. Constitution gives congress the power to create lower courts State and Federal Court System

17. Several hundred Indian Tribal courts govern reservations • No longer independent sovereigns • Inherent powers – powers that remain • Includes power to regulate family relationships • Tribal membership • Law & order on the reservation • Delegate power – Congress grants power to tribal group in certain area, such as environmental regulation. Tribal Courts

18. Most Native American groups have justice systems • Hear a broad rang of both criminal and civil cases • Traditional – show little influence of American culture • Both federal law and tribal law determine the jurisdiction of tribal courts. Tribal Court System

19. Most important legal precedents are established • 9 justices hear cases, majority rule • All courts MUST follow Supreme Court decisions • Does not accept all appeals • About 80 cases/year written opinion • More than ½ cases come from inmates in prison The Supreme Court of U.S.

20. Grants Petitions for Certiorari – request of lower court to send up its records. 99% requests are denied • Takes cases that deal with critical national policy issues • Court decisions are published in law books and internet • Has power to reverse rules of laws from prior cases • 9 justices are nominated by President and confirmed by Senate • Justices are appointed for life The Supreme Court of U.S.

21. Setup by the UN & other organizations • 1st and most important – International Court of Justice (World Court) • Located in the Peace Palace in The Hague, the Netherlands. • May settle any dispute base on int’l law that a country submits • UN set up special courts called tribunals • International Criminal Court – 1998 by UN International Courts

22. All the key terms • What do civil and criminal courts do? • Know about tribal law and their court system • Difference between adversarial and inquisitional system • Juror process of selection, who can a juror. • Steps in a trial – in order • What courts hear federal and local cases -US Judicial court systems • Study your notes  Quiz on Friday!!! What to know:

23. End of Chapter 5