The Court System

Appeals Court Definition: A higher court that can change the decision of a trial court. Ex. U.S. Courts of Appeals or U.S. Supreme Court. No juries or witnesses No new evidence presented

Petitioner/Appellant Presents arguments asking the court to change the decision of a trial court. Wants decision of lower court overturned.

Respondent/Appellee Presents arguments supporting the decision of the trial court. Doesn’t want decision of trial court to change.

Error of Law This occurs when the judge makes a mistake during the trial (ex. gives wrong instructions to jury or allows evidence that should not have been allowed). An appeal is possible if there has been a error of law. A minor error that doesn’t affect outcome of trial is not a reason to appeal.

THE CASE OF THE ABSENT MINDED BEARS FAN

Federal Courts Hear criminal and civil cases about: Constitutional issues Federal law Parties from different states when over $75,000. Limited jurisdiction (they cannot hear all cases).

THE CASE OF THE ABSENT MINDED BEARS FAN – What Court?

U.S. District Courts Federal Trial Courts (where the case begins). The District Court for the Northern District of Illinois is the federal trial court for our area.

State Courts Usually deal with family, traffic, criminal, probate, and small claims issues. You do not need anything special to get to state court. You usually start here. State courts in Chicago area: Cook County Criminal Courthouse, Daley Center, Harrison St. Courthouse. All are state trial level courts.

TEST YOUR KNOWLEDGE Your group will be assigned a case from problem Create a back story based on the scenario. Then you will act out the scenario. 2. Determine if your colleagues know what court the case will go to. 3. Explain the correct answer to your colleagues.

SCOTUS Intro: Precedent Court decisions on legal questions that guide future cases with similar questions. This is how courts “make law.” Precedents are usually followed, but also can be overturned. Refresh case law v. statutes

Majority Opinion The actual decision of an appeal court. Majority rules! Remember why we have 9 Justices on the Supreme Court.

Dissenting Opinion A written argument of an appeals court stating why some judges disagreed with the majority opinion. Can be the reasoning for future majority opinions.

Concurring Opinion A decision of an appeals court that agrees with the majority but for different reasons.

Plessy v. Ferguson Upheld racial segregation in railroad cars as long as they are “separate, but equal.” Was a dissenting opinion that said this violated Constitution.

Brown v. Board of Education “Separate, but equal” doctrine was declared unconstitutional. They used part of the dissenting opinion from Plessy in this decision.