Trial Courts (pages 46 to 50)
Trial Courts Courts that listen to testimony, consider evidence, and decide the facts.
Plaintiff The party who is bringing the legal action in a CIVIL CASE. The person who is suing.
Prosecutor The government initiates a criminal case. The lawyer working for the government who files the charges is called the PROSECUTOR.
Defendant The person who is accused of a crime in a criminal case or is being sued in the civil case.
Adversarial System Another word for the trial system in U.S. Contest between the opposing sides. THEORY: The trier of fact (judge or jury) will be able to determine the truth if both sides present their best arguments and point out the weaknesses of the other side. CRITICISMS: not best method to discovering truth because they don’t always present all of the evidence, more concerned about winning a case than truth Many attorneys do thinks this process gets closer to the truth than other methods.
Inquisitional System Many countries other than U.S. use this type of system. Judge is active in questioning witnesses, controlling court processes, and gathering and presenting of evidence. Takes a lead role in uncovering the truth.
Judge Presides over trial Protects rights of those involved Make sure the attorneys follow the rules of evidence and procedures Can also determine the facts of the case and render a decision in NON-JURY trials (aka bench trial) In JURY TRIALS, the judge instructs the jury as to the law in case. In MOST criminal trials, judges also determine the sentence for those convicted of crimes.
Jury CIVIL CASES: Either the plaintiff or defendant can request a jury trial (don’t have to have a jury) CRIMINAL CASES: Defendant gets to decide whether or not to have a jury trial or bench trial.
6 th Amendment and 7 th amendments 6 th : Guarantees (among other things) the right to a trial by jury in criminal cases in both state and federal cases. 7 th : This guarantees the right to a trial by jury for CIVIL CASES in federal court; has not been applied to states, but many state constitutions give people this right.
Settlements and Plea Bargain Most civil cases are decided by out-of-court settlements. Most criminal cases are decided out-of-court plea bargains (usually the defendant agrees to plead guilty to guarantee a lesser sentence).
Voir Dire Opposing lawyers and the judge question each prospective juror to discover any prejudices or pre-conceived opinions concerning the case.
Removal for Cause Attorneys can request the removal of any juror who appears incapable of rendering a fair decision. This is removal for cause and these are unlimited.
Peremptory Challenges A LIMITED number of prospective jurors can be removed without stating a cause (although the courts have ruled that you cannot remove someone from the jury pool based on their race).
Do you think the adversarial system is the best method for solving disputes? Why or why not?
Do you agree or disagree with the following statement: “It is better that ten guilty persons go free than that one innocent person suffers conviction. Explain your answer.
In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty? Explain.
Why would someone choose NOT to have a jury in a civil case? In a criminal case?
If you were a defense attorney, questioning jurors at the voir dire in a murder trial, what questions would you ask potential jurors to determine whether they could render a fair and impartial verdict?