Chapter 5

 Learn the key differences between trial and appellate courts  Understand the differences between adversary and inquisitional judicial systems  Be able to describe and diagram the structure of state and federal court systems  Understand how and when the Supreme Court of the United States will hear a case

 U.S. system is adversarial—a contest between opposing sides with the judge as a neutral “referee”  Many countries use an inquisitional system— the judge is much more active  Judges in inquisitional systems may order witnesses to appear, conduct searches, and present and comment on evidence  Adversarial system—”victory, not absolute truth”  Inquisitional system—truth is the ultimate goal

 Page 48 problem 5.1 a-c

 Jury trials are guaranteed in criminal cases under the Sixth Amendment to the Constitution  Jury trials in civil cases are guaranteed in federal courts under the Seventh Amendment  Must be requested or it can be waived  Jurors—must be 18, read and write English, U.S. citizen, and live in the state  Removal for cause vs. peremptory challenge  Study the “Steps in a Trial” box on p. 47 … we will follow this outline for the mock trial project

 Page 49 Problem 5.2 a-e

 Trial courts hear evidence (documents, witnesses) and decide initial result.  Judge or jury may decide  Appellate courts do not hear direct evidence; they review the record of the lower court to determine if a “reversible” (harmful) error has occurred  Usually an error of law that was likely to affect the outcome  Appellate court decisions become precedents for future cases

 Most state court systems follow a similar structure to the federal courts  Local trial courts (district courts, county courts, municipal courts, etc.)  Often have specialized jurisdiction (family courts, probate courts, etc.)  Intermediate appellate courts  State Supreme Court  Some states separate civil and criminal court systems; others do not

 Page 58 Problem 5.4 a-d

 Nine justices—lifetime appointment … why?  Hears about 1% of all cases it is asked to review (about 100 per year)  Petition for writ of certiorari— asks the Court to review a case  Usually only hears the most important cases involving issues of constitutional law, or when circuit courts are split on an issue

 Page 59 Problem a-b

 What are the three levels of the federal court system?  Which type of court hears witnesses and often has a jury decide the outcome?  Does the U.S. use an inquisitional or an adversarial system?  What is one criticism of the adversarial system?  About what percentage of cases it is asked to review does the U.S. Supreme Court actually hear?  What are the key reasons why federal court judges are appointed to serve “on good behavior?”