The American Court System “innocent until proven guilty”
Adversarial system A contest between two opposing sides (adversaries) Theory= the trier of fact (the judge or jury) will be able to determine the truth if the opposing parties present their best arguments
Victory not truth? Despite criticism that this can lead to ‘victory, not truth’, most attorneys believe that approaching the same set of facts from competing viewpoints will uncover more truth than other methods
Definitions Crime= an act (or failure to act) that violates a law and for which a government has a set penalty Criminal law= regulate public conduct and set out duties owed to society; brought by a government against a person and have penalties that can be imposed by the government
Definitions continued Civil law = regulate relations between individuals and/or groups, such as property issues and contracts (private rights of individuals, groups or businesses) Civil Action=brought by a citizen who feels wronged or injured; penalties can be a fine or some other type of compensation
Trial Courts 6th Amendment guarantees the right to trial by jury in criminal cases
7th Amendment a right to trial by jury in civil cases in federal courts (been extended to states) ***Most civil cases result in out-of-court settlements before a trial (plea bargain)
Appeals Courts One party asks a court to review the decision of the trial court No juries or witnesses No new evidence Lawyers make legal arguments like: an error in law
When the appeals court decides—it writes up it’s decision called an ‘opinion’ If someone on the court disagrees they may write a ‘dissenting opinion’
The 9 Federal Circuit Courts
When should you get a lawyer? Buying or selling a home or real estate Organizing a business Changing your family status (divorce or adoption as examples) Making a will or planning an estate
When to get a Lawyer? Handling accidents involving personal injury or property damage Signing a large or important contract Defending a criminal charge or bringing a civil suit
Working with your lawyer Trust is the foundation of the relationship! Your lawyer needs to know everything about your situation Whatever you tell him/her is private and confidential and cannot be disclosed to anyone without your permission (attorney-client privilege) The lawyer will give you advice but you make the final decision Lawyers must follow basic standards of conduct (Code of Professional Responsibility)
Juries?