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The Court System Going to trial
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The Constitution Art III, Sec. 2: Federal Judiciary
“Trial of all crimes… shall be by jury…defendant has the right to confront opposing witnesses… Supreme court will settle disputes between the states… Congress establishes all other courts as necessary”
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Bill of Rights: Guarantees
6th Amendment: the right to a speedy and public trial, an impartial jury, to confront witnesses, and to have consul for defense 7th Amendment: the right to a trial by jury in civil cases at the federal level
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Dual Court System Federal Small part of American judicial system
Plays a limited role in justice Drugs- 29% of all federal cases Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc
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Dual Court System State
Most crimes/ cases are a violation of state law Most cases are routine with little dispute of fact or law Most end in a guilty plea before trial
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Dual Court System Courts of limited jurisdiction
Inferior courts- traffic (majority), small claims, misdemeanor… Courts of general jurisdiction Superior courts- major trial courts Civil cases dominate court dockets Personal injury, probate/ estate, domestic (largest)
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The Courts Adversarial system- lawyers represent their clients, present evidence, examine the other side, and try to convince the jury/ judge Defendant-- the person being charged {criminal} or sued {civil} Prosecutor-- the person bringing the charges in a criminal case Plaintiff-- the person bringing the charges in a civil case
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Court cases Gideon v Wainright (1963)- Scott v. Il (1979)-
Ross v. Moffit-
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