The Court System Going to trial.

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The Court System Going to trial

The Constitution Art III, Sec. 2: Federal Judiciary “Trial of all crimes… shall be by jury…defendant has the right to confront opposing witnesses… Supreme court will settle disputes between the states… Congress establishes all other courts as necessary”

Bill of Rights: Guarantees 6th Amendment: the right to a speedy and public trial, an impartial jury, to confront witnesses, and to have consul for defense 7th Amendment: the right to a trial by jury in civil cases at the federal level

Dual Court System Federal Small part of American judicial system Plays a limited role in justice Drugs- 29% of all federal cases Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc

Dual Court System State Most crimes/ cases are a violation of state law Most cases are routine with little dispute of fact or law Most end in a guilty plea before trial

Dual Court System Courts of limited jurisdiction Inferior courts- traffic (majority), small claims, misdemeanor… Courts of general jurisdiction Superior courts- major trial courts Civil cases dominate court dockets Personal injury, probate/ estate, domestic (largest)

The Courts Adversarial system- lawyers represent their clients, present evidence, examine the other side, and try to convince the jury/ judge Defendant-- the person being charged {criminal} or sued {civil} Prosecutor-- the person bringing the charges in a criminal case Plaintiff-- the person bringing the charges in a civil case

Court cases Gideon v Wainright (1963)- Scott v. Il (1979)- Ross v. Moffit-