Unit 1 Part 2

 Using the “Steps in a Typical Mediation Session” handout, write down questions you can use at each stage in the mediation process to get the parties to talk.

 During video-write down what Wise Old Owl does at each step of the mediation process.

 It is better that ten guilty persons go free than that one innocent person suffer conviction.

Should a lawyer in a criminal case defend a client he or she knows is guilty? Would you defend someone you knew was guilty?

 Listen to testimony  Consider evidence  Decide the facts in disputed situations

Two parties:  Plaintiff (civil case): person bringing lawsuit  Prosecutor (criminal case): state or government begins the case  Defendant: Responds to the plaintiff or prosecutor

 U.S. trial system is adversarial  Theory is that trier of fact (judge or jury) can determine truth if opposing parties present best arguments and how weaknesses in other side’s case.

 Protect rights of all parties  Make sure attorneys follow rules of evidence and procedure  In cases without a jury, judge decides on the facts of the case and makes a judgment.  Jury trials: judge instructs jury on law.  Sentencing: In most states, judge sentences criminals who have been convicted

 Guaranteed by 6 th Amendment (criminal cases) and 7 th Amendment (civil cases in fed courts)  Civil cases: Plaintiff or Defendant may request jury  Criminal cases: Defendant decides whether there will be jury.

 Civil cases: Most settled out of court or decided in trial by judge  Criminal cases: Most never brought to trial. Plea bargain, a pretrial agreement, between the prosecutor and defendant disposes of case.

 Jurors are screened through a process known as voir dire.  Opposing lawyers ask prospective jurors questions to discover prejudices or preconceived opinions concerning the case.  After questioning each juror, attorneys can request the removal of jurors who appear unable to render a fair/impartial verdict

 This is known as removal for cause.  Each attorney is allowed a limited number of peremptory challenges, which means they can have prospective jurors removed without stating a cause.

 Why might a lawyer not want a prospective juror on a case?  What do judges do in jury trials?  What is the difference between a plaintiff and a prosecutor?  What is the meaning of life?

 Look at the opinion you picked up on the way in.  Who wrote the main opinion of the Court?  Where is concurring opinion?  Find the dissenting opinion? What do you think that is? (Don’t tell them the answer, Chase. No, really, don’t. Warning.)

 Lawyers appear before judges to make legal arguments.  No juries, no witnesses, no new evidence.  One party asks court to review trial court decision and other party argues in favor of trial court decision.  Typically decided by a panel of judges.

 Appeals courts decide cases and issue written opinions. A written opinion sets a precedent for similar cases in the future.  All lower courts in that jurisdiction must follow the precedent. Higher courts can reverse or change the precedent.

 Majority opinion: decision of the court  Dissenting opinion: judges who disagree state reasons for disagreement  Concurring opinion: judges who agree with majority’s outcome but for different reasons that those used by majority.

 See handout. Similar structure of state/federal systems.  Both have trial courts and appeals courts. The court of final appeal for both is the U.S. Supreme Court.  See federal judicial circuits p. 55

 STATE COURTS-Typically: family, traffic, criminal, probate, small claims, etc.  FED COURTS-Handle criminal, civil, variety of things falling under federal law

 What kinds of cases do appeals courts hear?  What is an adversarial system?  What do you write if you are a justice who disagrees with the majority’s opinion?

 Read your part. 1’s explain your part to the group first. 2’s next. 3’s next. Be sure all of you have a thorough understanding of the your case.  Then, I will join you with another group who will explain their case to you.  Then you will go back to your group of 3 for a little game.

 You have a criminal client who has been charged with a crime. Explain to him/her the trial process (including what the options are if she loses). Also explain options other than going to trial.  How are juries selected? Explain.

Points 10 SuperiorAnswer is thorough, accurate, and complete. Uses examples, supporting details, and/or provides alternative viewpoints. 8 GoodAnswer is accurate but may be somewhat incomplete. 5 Needs improve ment Answer is incomplete and/or information contained is partially inaccurate. 0 Unaccep table Not attempted, not enough written to get credit, or response is incorrect.

 Step by step  Explain a step in the trial process. Tell what happens at that step. Try to include extra details/examples and shoot for a superior answer. What might be some extra details?  Next step,etc.

 Begin with an overview of the process. Elaborate on this with additional details/examples.  Next explain what removal for cause is. Then give details/examples.  Next explain what peremptory challenges are. Then give details/examples.  Enjoy your good grade on the question.