Courts, Judges, and the Law Chapter 13 Essential Question: How is the U.S. judicial system organized to seek justice?

Goal: resolve conflicts justly King Solomon and the disputed baby Two kinds of conflicts Civil – person A does something wrong against person B (think law suit) Criminal – person A does something wrong against “the state” (we the people) Remember the “social contract”?

Burden of proof It’s the responsibility of who must prove a wrong-doing. Civil law – burden lies on the plaintiff Plaintiff has the complaint Defendant is accused of wrongdoing Requires only a “preponderance of evidence” (more likely than not) Often involves damages or a money amount Criminal law - burden lies with the state (the gov’t has the complaint against the accused) Requires “beyond a reasonable doubt” (?)

Procedure (criminal court) Opening statements Witnesses Direct examination – lawyers call witnesses for their side Cross examination – lawyers try to undercut the other side Closing arguments Jury/judge deliberation Announce the verdict Sentencing

Dual court system Dual = (1) federal courts and (2) state courts Which one? Fed courts have jurisdiction over fed laws, states over state laws. Original jurisdiction – authority to start (originate) a case Appellate jurisdiction – authority to hear an appeal Geography – courts hear cases in their area, state, etc. Type of case – some courts hear “specialty” cases (like bankruptcy)

Federal judiciary Federal judges decide the cases (no jury) President appoints, Senate confirms Serve for life, pay can’t be cut U.S. district courts – there are 12 circuits, 94 districts/courts (see map) U.S. appeals courts – there are 13 courts accept a small % of appeals have panel of 3 judges look for errors U.S. Supreme Court

U.S. Supreme Court Selection – same as fed judges 9 justices on the court; they “vote” to decide a case Supreme Court chooses its cases (get 1,000s of appeals, accepts 100 to 150) Few cases start here (little original jurisdiction) Mostly appeals cases (lots of appellate jurisdiction) A writ of certiorari is issued – it orders a lower case be sent up to Supr. Ct.

Supreme Court Procedure Legal briefs – lawyers write reports for their side Oral arguments – argue their cases 30 minutes per side No witnesses, just lawyers Justices can interrupt, question them Conference – justices meet in secret to talk about the case Decision – either upholds or overrules lower court decision Majority opinion – report from the winning side Dissenting opinion – report from the losing side Concurring opinion – report from winning side, but for other reasons All decisions serve as examples for the future (common law)