Chapter 5: The Court System

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Presentation transcript:

Chapter 5: The Court System

Trial Courts Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations Review: In a CIVIL case the party bringing/filing the case is called the plaintiff. In a CRIMINAL case the government through the prosecutor brings the case forward.

Trial Courts Adversarial System: allows opposing parties to present their legal conflicts before an impartial judge or jury [U.S.] DIFFERENT FROM THE: Inquisitional System: a method for handling disputes where the judge is active in questioning witnesses and controlling the court processes. (Many countries have this system).

What does a Judge actually do? Judges - preside over the trial - make sure the attorneys follow the rules - instructs the jury on the law - can sentence individuals

Juries To serve on jury you must…. Be a US citizen At least 18 years old Be a resident of the state Be able to speak and understand English

Juries It is our DUTY to complete jury service. Jury lists are complied from lists of registered voters and licensed drivers Convicted felons are ineligible for jury service unless their rights have been restored.

Juries Voir Dire: the screening process where lawyers question prospective jurors to ensure as favorable or as fair a jury as possible Removal for Cause: attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict. [unlimited] Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race) * Attorneys only have 2 Peremptory Challenges.

VIDEOS Watch Bull T.V. Show Trailer for Voir Dire overview. https://www.youtube.com/watch?v=cmHeKAF6vwI Watch the film: The Judge’s voir dire process via youtube. https://www.youtube.com/watch?v=8gvOILkwsR0

Appeals Courts In an appeals court, one party presents arguments asking the court to review the decision of the trial court. *NOTE: No juries, no witnesses, no new evidence An appeal is only possible when there is a claim that the trial court committed an error in law: This occurs when the judge makes a mistake as to the law in the case (ex: p.52)

The US Supreme Court 9 justices on the Supreme Court All courts in the U.S. must follow Supreme Court decisions The majority of cases appealed to the Supreme Court come from prison inmates The court sometimes reverses earlier cases to reflect the changing view of society.

Supreme Court Process If the court decides to hear a case…. Both sides write briefs about how the case should be decided Oral Arguments (each side gets 30 minutes to present their case) The justices meet in secrecy to decide the case and write opinions

Supreme Court Term: from Oct-June Justices are nominated by the President and confirmed/approved by the Senate Justice are appointed for life

Chapter 5 Vocabulary Trial Courts Parties Plaintiff/Defendant (civil) Prosecutor/Defendant (Criminal) Adversarial System Inquisitional System Plea Bargain Voir Dire Removal for cause Peremptory Challenges Appeals Court Error of Law Precedent Dissenting/Concurring Opinion(s) Probate Inherent Powers Delegated Power Petitions for Certiorari Stare Decisis

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