Chapter 5 Law and Civics Mr. Newman The Court System Chapter 5 Law and Civics Mr. Newman

Federal and State In the United States, there are many court systems. Each state has its own court system The Federal Court System exists at the national level, but has lower level courts as well Each of these, federal or state systems, has trials and appeals courts

Federal vs. State While all state courts are adversarial, the Supreme Court (technically Federal) is tribunal Tribunal system refers to the way how the court proceeds The Supreme Court is an example of tribunal law When a case is heard in the Supreme Court, it is only in front of 9 judges, NOT A JURY

Trial Courts Trial Courts: Listen to testimony Consider Evidence And decide the facts in disputed situations Evidence is provided by witnesses who testify in the case In a trial, there are two parties…

Parties Parties are the people directly concerned with or taking part in any legal matter In a civil trial, the party bringing the legal action is called the plaintiff In a criminal trial the town, county, state, or federal court serves as the prosecutor who is trying to convict the defendant

Make-up of a Trial Court The defendant, in both a civil and criminal court, is the party defending themselves against charges/ accusations The trial system in the US is an adversarial system

Adversarial System The Adversarial System means a contest between opposing sides, or adversaries. The theory behind the adversarial system is that the judge and jury will be able to determine truth if the opposing parties present their best arguments and show the weaknesses in the other side’s case.

Inquisitional System The Inquisitional System means a trial where a judge is active in questioning witnesses and controlling the court process. This system is found throughout Europe where judges are the active parties in bringing in witnesses, conducting searches, tour crime scenes, and really take a lead in the trial process

Adversarial System vs. Inquisitional System The adversarial system has many criticisms What do you see as some? Not ALL evidence is presented The defendant does NOT have to testify Money can make a difference Lawyers act as “enemies” and “battle”

Adversarial System vs. Inquisitional System HOWEVER… Despite its drawbacks, the adversarial process is the “cornerstone of the American Legal System” It won’t be changing anytime soon, if not ever! Many attorneys would argue that the inquisitional system would NOT uncover more of the truth

Judges Roles in Our Legal System Judges are essential parts of our legal system The judge presides over the trial and has the duty of protecting the rights of those involved In non-jury trials, the judge acts as the decider, in most cases they are the ones who sentence the convicted parties

Juries Roles in Our Legal System The 6th Amendment to the US Constitution guarantees the right to trial by jury in criminal cases This applies to State and Federal courts The 7th Amendment guarantees a jury in FEDERAL CIVIL CASES but has not been extended to state courts

Juries Roles in Our Legal System HOWEVER, the fact that the constitution protects the right to a jury does not mean juries are used as much as people may think In civil cases, the plaintiff or the defendant can request a jury In a criminal trial, the defendant ONLY requests a jury.

But… But.. But… I Thought That… The reason why juries are not used as much as people perceive they are is because: Most civil cases result in out-of-court settlements or trial by a judge. Most criminal cases are never brought to trial. Instead Plea Bargains, or pretrial agreements between the prosecutor and defendant and his or her lawyer, disposes of the case without a trial.

If a jury trial is requested… A jury is selected and changed with the task of determining the facts and applying the law in a particular case A juror must be: US citizen At least 18 years old Able to speak and understand English A resident of the town, county, and state