1. Courts, Judges, and the Law
Chapter 15
Essential Question:
How is the U.S. judicial system organized to ensure justice?

3. Goal: resolve conflicts justly
King Solomon and the disputed baby
2 kinds of conflicts
Civil – person A does something wrong against person B (think law suit)
Criminal – person A does something wrong against “the state” (we the people)
Remember the “social contract”?

4. Burden of proof Def. = who must prove a wrong-doing
Civil – burden lies on the plaintiff
Plaintiff has the complaint
Defendant is accused of wrongdoing
Requires only a “preponderance of evidence” (more likely than not)
Often involves damages or a money amount
Criminal - burden lies with the state (the gov’t has the complaint against the accused)
Requires “beyond a reasonable doubt” (?)

5. Procedure (criminal court)
Opening statements
Witnesses
Direct examination – lawyers call witnesses for their side
Cross examination – lawyers try to undercut the other side
Closing arguments
Jury/judge deliberation
Announce the verdict
Sentencing

6. Dual court system Dual = (1) federal courts and (2) state courts
Which one?
Fed courts have jurisdiction over fed laws, states over state laws.
Original jurisdiction – authority to start (originate) a case
Appellate jurisdiction – authority to hear an appeal
Geography – courts hear cases in their area, state, etc.
Type of case – some courts hear “specialty” cases (like bankruptcy)

7. Federal judiciary Federal judges decide the cases (no jury)
President appoints fed judges, Senate must confirm
They serve for life, pay can’t be cut
U.S. district courts – there are 12 districts, 94 courts (see map)
U.S. appeals courts – there are 13 courts
accept a small % of appeals
have panel of 3 judges
look for errors
U.S. Supreme Court

8. U.S. Supreme Court Selection – same as fed judges
9 justices on the court; they “vote” to decide a case
S.C. chooses its cases (get 1,000s of appeals, accepts 100 to 150)
Few cases start here (little original jurisdiction)
Mostly appeals cases (lots of appellate jurisdiction)
A writ of certiorari is issued – it orders a lower case be sent up to S.C.

9. S. C. Procedure Legal briefs – lawyers write reports for their side
Oral arguments – argue their cases
30 minutes per side
No witnesses, just lawyers
Justices can interrupt, question them
Conference – justices meet in secret to talk about the case
Decision – either uphold or overrule lower court decision
Majority opinion – report from the winning side
Dissenting opinion – report from the losing side
Concurring opinion – report from winning side, but for other reasons
All decisions serve as examples for the future (common law)