1. Chapter 5: The Court System

2. Trial Courts
Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations
In a CIVIL case the party bringing the case is called the plaintiff. In a CRIMINAL case the government serves as the prosecutor.

3. Trial Courts
Adversarial System: allows opposing parties to present their legal conflicts before an impartial judge or jury [U.S.]
DIFFERENT FROM THE:
Inquisitional System: a method for handling disputes in which the judge is active in questioning witnesses and controlling court processes. (Many countries have this system).

4. What does a Judge actually do?
Judges - preside over the trial - make sure the attorneys follow the rules - instructs the jury on the law - can sentence individuals

5. Juries To serve on jury you must…. Be a US citizen
At least 18 years old
Be a resident of the state
Be able to speak and understand English

6. Juries It is our DUTY to complete jury service.
Jury lists are complied from lists of registered voters and licensed drivers
Convicted felons are ineligible for jury service unless their rights have been restored.

7. Juries
Voir Dire: the screening process where lawyers question prospective jurors to ensure as favorable or as fair a jury as possible
Removal for Cause: attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict. [unlimited]
Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race) * Attorneys only have 2 Peremptory Challenges.

8. VIDEOS
(Jury Selection Issues)

9. Appeals Courts
In an appeals court, one party presents arguments asking the court to review the decision of the trial court.
*NOTE: No juries, no witnesses, no new evidence
An appeal is only possible when there is a claim that the trial court committed an error in law:
This occurs when the judge makes a mistake as to the law in the case (ex: p.52)

10. Appeals Courts
Precedent: court decision that guides future cases with similar questions
Majority Opinion: states the decision of the court
Dissenting Opinion: written by judges who disagree with the majority opinion
Concurring Opinion: written by judges who agree with the majority opinion but for different reasons

11. US Supreme Court US Court of Appeals US District Court (trial courts)
Federal Court Systems
US Supreme Court US Court of Appeals US District Court (trial courts)

12. Supreme Court Court of Appeals Trial Courts
State Court System
Supreme Court Court of Appeals Trial Courts

13. The US Supreme Court 9 justices on the Supreme Court
All courts in the U.S. must follow Supreme Court decisions
The majority of cases appealed to the Supreme Court come from prison inmates
The court sometimes reverses earlier cases to reflect the changing view of society.

14. Supreme Court Process If the court decides to hear a case….
Both sides write briefs about how the case should be decided
Oral Arguments (each side gets 30 minutes to present their case)
The justices meet in secrecy to decide the case and write opinions

15. Supreme Court Term: from Oct-June
Justices are nominated by the President and confirmed/approved by the Senate
Justice are appointed for life