1. Chapter 5: The Court System

2. Trial Courts
Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations
Review:
In a CIVIL case the party bringing/filing the case is called the plaintiff.
In a CRIMINAL case the government through the prosecutor brings the case forward.

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 where the judge is active in questioning witnesses and controlling the 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 Watch Bull T.V. Show Trailer for Voir Dire overview.
Watch the film: The Judge’s voir dire process via youtube.

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. 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.

11. 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

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

13. Chapter 5 Vocabulary Trial Courts Parties Plaintiff/Defendant (civil)
Prosecutor/Defendant (Criminal)
Adversarial System
Inquisitional System
Plea Bargain
Voir Dire
Removal for cause
Peremptory Challenges
Appeals Court
Error of Law
Precedent
Dissenting/Concurring Opinion(s)
Probate
Inherent Powers
Delegated Power
Petitions for Certiorari
Stare Decisis