JUDGES, JURIES, AND THE COURT SYSTEM
COURT SYSTEM The trial court system in the US is an adversarial system A contest between opposing sides (or adversaries) Plaintiff (civil) or prosecutor (criminal) vs. the defendant
Is this the best option? What potential problems could this create? COURT SYSTEM The theory is that the judge or the jury will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other side’s case Gathering and presenting of evidence is left up to the competing parties and lawyers Is this the best option? What potential problems could this create?
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT? “The goal of trial is victory, not truth or justice.”
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT? “It is better that ten guilty persons go free than one innocent person suffer conviction.”
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT? In a criminal case, should a lawyer defend a client he or she knows is guilty? Explain. Yes bc it’s their job. A lot of times, lawyers will ask their clients not to tell them if they’re innocent or guilty/
JUDGES AND JURIES In nonjury trials, a judge determines the facts of the case and renders a judgment Think: small claims court, Judge Judy, small tort lawsuits (suing people) Stuff that needs to get settled quickly
JUDGES AND JURIES In jury trials, the judge instructs the jury as to the law involved in the case The jury comes to a conclusion; the judge issues a punishment based on the jury’s conclusion Think: criminal cases, high-profile cases tort law cases
JUDGES AND JURIES The judge will give instructions that contain the interpretation of the relevant laws that govern the case, and that jurors are required to adhere to these laws Jurors are to base their conclusions on the evidence as presented in the trial The opening and closing arguments of the lawyers are not evidence
STATE V. FEDERAL COURTS STATE COURT FEDERAL COURT Hears cases that deal with state law and federal law Family, traffic, criminal, small claims court Civil and criminal cases involving federal law Civil cases involving parties from different states when the amount in dispute is greater than $75,000
FEDERAL CASES STATE CASES
WHICH COURT? FEDERAL OR STATE?
A state sues a neighboring state for dumping waste in a river that borders both states
A wife sues her husband for divorce
A person is prosecuted for assaulting his neighbor
Two drivers crash their cars into each other Two drivers crash their cars into each other. One driver sues the other for medical bills and car repairs.
She was caught smoking on the plane from Portland to Sacramento and threatened to kill everyone.
SUPREME COURT JUSTICES Serve for life, unless they retire or are impeached for misconduct
SUPREME COURT Most legal precedents are established by the Supreme Court Brown v. Board of Education 8,000 cases are appealed to the Supreme Court per year Hear about 80 of them This year’s docket: Transgender rights Disabilities in education Masterpiece Cakeshop vs. Colorado Civil Rights Commission Gerrymandering Which … ended segregation
SUPREME COURT Page 61 – answer question B If time – p 182, A and B
Tomorrow: How to draft laws Through examining a sexting scandal at a Colorado High School And, why you need lawyers