Chapter 5

1. Chapter 5 The Court System

2. Trial Courts • They listen to testimony, consider evidence, and decide the facts in disputed situations. • Witnesses are called to testify in a case and their testimony is regarded as evidence. • There are 2 parties to each case. • Civil trial: plaintiff is the one who brings the legal action.

3. Trial Courts • Criminal trial: government (state or federal) brings the case and serves as the prosecutor. • In both civil and criminal cases, the party responding to the charges is called the defendant • Defendant—the person against whom a claim is made.

4. Trial Courts • Our trial system is an adversary system. • It is a contest between opposing sides. • Based on the theory that the judge or jury will be able to determine the facts and arrive at the truth if the opposing parties present their arguments and show each other weaknesses in the case.

5. Trial Courts • In the U.S. the judge allows the lawyers to present the case and the judge or jury makes the decision. • In England they have the Inquisitional system. • Here the judge plays an active role in gathering and presenting evidence and questioning witnesses.

6. Trial Courts • Adversary system is criticized in the U.S. because they say it is not the best system for discovering the truth. • Judges and juries are essential parts of our legal system. • Judge presides over the trial and protects the rights of those involved in the trial.

7. Trial Courts • Make the attorneys follow the rules. • Nonjury trial the judge determines the facts of the case and pronounce the judgement. • Jury trial, judge instructs the jury as to the law involved. • Most states in criminal trials, the judge sentences the convicted of the crime.

8. Trial Courts • 6th and 7th amendments guarantee the right to trial by jury. • Valid in both federal and state courts. • In a civil case, either the plaintiff or the defendant may request a jury trial. • In criminal cases, the defendant decides whether there will be a jury.

9. Trial Courts • Most civil cases result in out of court settlements or trials by a judge. • Most criminal cases are settled by a plea bargain, which is a pre-trial agreement between the govt and defendant.

10. Jury Duty • To serve on a jury, you must be a U.S. citizen, 18 years old, and a state resident. • It is the duty of a citizen to serve on a jury. • Everyone can be called to serve, except convicted felons.

11. Jury Selection • Once jurors are selected, they are screened through a process known as voir dire examination. • This is where opposing lawyers question each prospective juror to determine any prejudices or preconceived opinions. • After questioning each juror, the opposing attorneys may request the removal of any juror who doesn’t seem to be able to be objective.

12. Jury Selection • This is called removal for cause. • A controversial issue today is whether or not attorneys should be able to do research on individual jurors. • Also each attorney is allowed a limited number of peremptory challenges—where they can have prospective jurors removed without stating a cause.

13. Jury Selection • These challenges are sometimes based on racial, sexual, ethnic, or religious stereotypes. These are difficult to prove so attorneys can sometimes get away with it. • Trial attorneys can have interesting and sometimes bizarre theories of jury selection. • Problem 5.1 (p.48)

14. Appeals Courts • Here, one party presents arguments asking the court to change the decision of the trial court. • The other party presents arguments that support the lower court decision. • No juries or witnesses and no new evidence is presented. • Only the lawyers appear before the judges to make legal arguments.

15. Appeals Courts • Not everyone who loses can appeal. • Usually an appeal is possible only when a claim is made that the trial court made an error of law. • This occurs when a judge makes a mistake as to the law applicable in the case. • Ex: gives the wrong instructions to the jury or permits evidence that should not have been allowed.

16. Appeals Courts • If it does not affect the outcome of the trial, it is considered minor and the court’s decision will not be reversed. • When an appeals court decides a case, it issues a written opinion or ruling. • This opinion sets a precedent—court decisions on legal questions that guide future cases with similar questions.

17. Appeals Courts • This is what is meant by the courts “making laws”. • All lower courts must follow the precedent set in the opinion. • However, the Supreme Court or another appeals court can disagree with this precedent.

18. Appeals Courts • Appeals court cases are usually heard by more than 1 judge. Typically, 3 justices decide such cases. There can be as many as 9. • When these justices disagree on a case, 2 or more written opinions may be issued in the same case. • Majority opinion states the decision of the court.

19. Appeals Courts • Justices who disagree with the majority opinion may issue a separate document called a dissenting opinion, which states their reasons for disagreeing. • Sometimes you can have a concurring opinion—where justices agree with the majority opinion but for different reasons. • Dissenting opinions are important because their reasoning may become the basis of future majority opinions.

20. Federal and State Court Systems • 2 separate court systems in the U.S. • (1) Federal courts hear criminal and civil cases involving federal laws. • Also hear cases involving parties from different states when the amount in dispute is more than $75,000. • Our federal trial courts are our U.S. District Courts

21. Federal Court System • If you lose a trial in fed. Court, you may be able to appeal to the U.S. Court of Appeals in your region. • We have 13 courts of appeal ( 11 regions and a D.C. Court of Appeals and a Fed Court of Appeals, both in Wash. D.C.) • The D.C. court handles appeals from the fed. District courts.

22. Federal Court System • The Federal Court handles cases involving actions against the govt., public contracts, and patents. • Also hears appeals from the Court of International Trade, the Patent and Trademark Office, and other administrative agencies. • The court of final appeal is the U.S. Supreme Court.

23. State Court System • Most state court systems resemble the fed courts in structure and procedure. • All states have trial courts • Depending upon the state, they are called superior, county, district, or municipal courts. • State trial courts are often specialized to deal with specific legal areas such as the following.

24. State Courts • 1. Family or domestic relations courts hear actions involving divorce, separation, and child custody. May hear cases involving juveniles and interfamily offences. In some states, they have special juvenile courts to try juveniles. • 2. Traffic courts hear actions involving violations committed by persons driving vehicles.

25. State Courts • 3. Criminal courts hear cases involving violations of laws for which the violators could go to jail. Usually criminal court is divided between felony and misdemeanor cases. • 4. Probate courts handle cases that involve wills and claims against the estates of people who die with or without a will.

26. State Court • 5. Small claims courts hear cases involving small amounts of money ( max of $500, $750, $1000 or more depending on the state.) Individuals bring cases here without a lawyer—even though it is advisable that you have a lawyer—and court fees are low.

27. State Court • If you lose your case, you may be able to appeal to an intermediate court of appeals—or in some states—directly to the state supreme court. • If the state supreme court decision involves only state law, it cannot be appealed any further • Each state’s supreme court has the final say on the interpretation of state laws and the state const.

28. State Courts • If the state Supreme Court decision involves some federal law, or federal constitution issue, it can then be appealed to the U.S. Supreme Court. • Problem 5.3 (p. 54)

29. Tribal Courts • Several hundred Indian tribes govern Indian reservations today. • Tribal courts have jurisdiction over tribal members and other Native Americans. • Tribal courts may have jurisdiction over non-Indians in some circumstances, but no tribal jurisdiction over non-Indians should be assumed.

30. Tribal Courts • Tribal courts never have criminal jurisdiction over non-Indians. • State jurisdiction over Indians varies from reservation to reservation. State courts always have personal jurisdiction over Indians off reservations.

31. Tribal-state relations • It is a history of adversity. • Reservations are permanent fixtures within states. • Tribes exist as separate governments. • Citizenship Act of 1924 conferred fed and state citizenship upon all Indians. Tribal members are also citizens of their tribal govts. because tribes have now become incorporated within the national structure.

32. Tribes • State concerns are focused on tribal sovereignty and jurisdictional authority. • Some tribal justice systems, for example, those of the Pueblos in the SW U.S. are traditional and show little influence by American culture. • Many tribal justice systems resemble our court systems, primarily because of federal influence.

33. Tribal Courts • Power of a tribal court to hear civil matters on the reservation is very broad and the Supreme Court has supported decisions supporting tribal court authority and recognized tribal courts as essential to tribal self-government.

34. Casino Style gambling • Indian Gaming Regulatory Act. Passed by Congress in 1988 that allowed Class III casino gaming on tribal lands. • States that the states could not regulate or prohibit tribal gaming on reservations. States argue that they should be allowed to regulate or prohibit tribal gaming.

35. Tribes • In 1994, the fed. Govt. amended the act saying that tribes must negotiate with the states to set up a compact, which must then approved by the Sect. of the Interior. • Law requires the tribes to use the revenue from gaming for funding tribal programs and the govt. or for programs that provide for the general welfare for the tribes.

36. U.S. Supreme Court • 9 justices • Set the most important precedents in the land. • Majority rules. • All courts in the U.S. must follow the Supreme Court decisions. • Does not consider all appeals that come before it.

37. U.S. Supreme Court • Court hears about 80 cases a year. About 8000 appealed to it each year. • More than ½ of the cases come from inmates. They file a “petition for certiorari”—a request of a lower court to send up its records. 99% of these are denied. • With few exceptions (such as fed. Voting Rights), the court does not have to hear an appeal.

38. U.S. Supreme Court • The 1st step of a losing party is to request in writing that the court hear the case. • A legal brief—a written legal argument that emphasizes WHY the case should be heard will be submitted by the losing party. • The winning party will submit a brief arguing why the case should not be heard.

39. Supreme Court • If only 4 of the 9 justices agree to hear the case, the petition for certiorari is granted. • Then, each party will write a brief arguing to the Court HOW the case should be decided and an oral argument is scheduled at the Court. • A 1 hour long argument, where each side has 30 minutes to present its case.

40. Supreme Court • The justices will have already read the briefs and studied the case. • They then question each attorney and this can be quite long. • Then the justices meet in private to discuss the case. • Nearly ½ of the cases will be decided by an unanimous vote.