THE COURT SYSTEM CHAPTER 5

TRIAL COURTS THESE ARE THE 1ST COURTS TO HEAR A CASE THERE ARE 2 PARTIES (SIDES) PROSECUTION DEFENSE IN THE U.S., THIS IS CALLED THE ADVERSARY SYSTEM TRIAL COURTS ARE CONTESTED BY ADVERSARIES

IN EUROPE, THEY FOLLOW THE INQUISITIONAL SYSTEM THIS IS WHERE THE JUDGE IS ACTIVELY INVOLVED IN THE QUESTIONING OF WITNESSES AND THE CONTROLLING OF THE GATHERING AND PRESENTING OF EVIDENCE COPY THE CHART ON PG. 49 STEPS IN A TRIAL

JURY JURIES ARE INVOLVED IN THE TRIAL COURTS JURORS ARE PERSONS WHO SERVE ON A JURY EVERY PERSON IN THE U.S. IS GUARANTEED THE RIGHT TO A JURY TRIAL

IN THE U.S., THE VOIR DIRE SYSTEM OF JUROR EXAMINATION IS USED IN THIS PRELIMINARY PROCEEDING, POTENTIAL JURORS ARE QUESTIONED BY THE OPPOSING LAYWERS AND THE JUDGE IT IS USED TO DETERMINE THE OPINIONS OF POTENTIAL JURORS AND IF THEY COULD HURT THEIR CASE

REMOVAL FOR CAUSE- A JUROR IS REMOVED WHO APPEARS UNABLE TO RENDER AN IMPARTIAL VERDICT PEREMPTORY CHALLENGES- LAWYERS CAN REMOVE A POTENTIAL JUROR WITHOUT CAUSE

APPEALS COURT THIS COURT HEARS CASES UPON APPEAL RIGHT FOR ANOTHER COURT TO HEAR A CASE IN THIS COURT, ONE SIDES TRIES TO PROVE THAT AN ERROR OCCURRED IN THE FIRST COURT THIS IS CALLED AN ERROR OF LAW

THEY DO NOT GIVE A GUILTY OR INNOCENT VERDICT THEY DO NOT CALL WITNESSES OR HEAR EVIDENCE IF THEY OVERTURN THE FIRST COURT, THEIR DECISION BECOMES A PRECEDENT

OPINIONS JUDGES WHO DISAGREE WITH THE APPEALS COURT DECISION MAY WRITE A DISSENTING OPINION THIS OPINIONS STATES WHY THEY DISAGREE WITH THE COURT JUDGES WHO AGREE WITH THE COURTS DECISION BUT FOR DIFFERENT REASONS MAY WRITE A CONCURRING OPINION

FEDERAL APPEALS COURTS FEDERAL CASES BEGIN THE U.S. DISTRICT COURTS (MOST CASES) PA IS DIVIDED IN 3 HAZLETON IS IN PA MIDDLE DISTRICT CASES ARE THEN APPEALED TO ONE OF THE 13 U.S CIRCUIT COURT OF APPEALS PA IS IN THE 3RD CIRCUIT IT CONSISTS OF PA, NJ, DE, AND THE V.I.

CASES ARE THEN APPEALED TO THE U.S. SUPREME COURT THIS IS THE HIGHEST COURT IN THE U.S. IT CONSISTS OF 9 JUSTICES (JUDGES) CHIEF JUSTICE JOHN ROBERTS THERE ARE 6 MEN AND 3 WOMEN

JUSTICES ARE APPOINTED BY THE PRESIDENT FOR LIFE TERMS PETITIONS FOR CERTIORARI- RIGHT OF THE LOWER COURTS TO SEND UP THEIR RECORDS ONLY ABOUT 1% ARE HEARD BY THE COURT DEALS WITH CONSTITUTIONAL ISSUES JUSTICES ARE APPOINTED BY THE PRESIDENT FOR LIFE TERMS

Your are legal counsel to the president Your are legal counsel to the president. One of the Supreme Court justices has just announced his resignation. Many groups and individuals are suggesting names of people they think should be nominated by the president. Write a memo to the president describing the type of person who should be nominated to the U.S. Supreme Court. As legal counsel to the president, look at the following characteristics of potential Supreme Court nominees. Rank them from most important too least important. Be prepared to give your reasons. - 45 years old - Hispanic American - Female - Graduated first in class from a top law school - Respected trial court Judge - Smoked marijuana while a law professor 20 years ago - Believes that affirmative action is unconstitutional - Believes in a woman’s right to an abortion -Lives in California (assume there are no current justices from the west coast) - Practicing Catholic (assume there are no Catholics on the court)

PA COURT SYSTEM

TRIBAL COURTS COURTS THAT GOVERN NATIVE-AMERICAN RESERVATIONS THEY HEAR CASES INVOLVING INDIAN CUSTOMS AND TRADITIONS MOST CRIMINAL CASES ARE HEARD IN THE STATE OR FEDERAL COURTS