Chapter 5: The Court System

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Chapter 5: The Court System

Trial Courts Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations In a CIVIL case the party bringing the case is called the plaintiff. In a CRIMINAL case the government serves as the prosecutor.

Trial Courts Adversarial System: allows opposing parties to present their legal conflicts before an impartial judge or jury DIFFERENT FROM THE: Inquisitional System: a method for handling disputes in which the judge is active in questioning witnesses and controlling 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 in which opposing lawyers question perspective jurors to ensure as favorable or as fair a jury as possible Removal for Cause: opposing attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race) *Usually attorneys only have 2 Peremptory Challenges.

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: occurs when the judge makes a mistake as to the law in the case (ex: p.52)

US Supreme Court US Court of Appeals US District Court (trial courts) Federal Court Systems US Supreme Court US Court of Appeals US District Court (trial courts)

Supreme Court Court of Appeals Trial Courts State Court System Supreme Court Court of Appeals Trial Courts

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