1. The American Court System
“innocent until proven guilty”

2. Adversarial system A contest between two opposing sides (adversaries)
Theory= the trier of fact (the judge or jury) will be able to determine the truth if the opposing parties present their best arguments

3. Victory not truth?
Despite criticism that this can lead to ‘victory, not truth’, most attorneys believe that approaching the same set of facts from competing viewpoints will uncover more truth than other methods

4. Definitions
Crime= an act (or failure to act) that violates a law and for which a government has a set penalty
Criminal law= regulate public conduct and set out duties owed to society; brought by a government against a person and have penalties that can be imposed by the government

5. Definitions continued
Civil law = regulate relations between individuals and/or groups, such as property issues and contracts (private rights of individuals, groups or businesses)
Civil Action=brought by a citizen who feels wronged or injured; penalties can be a fine or some other type of compensation

6. Trial Courts 6th Amendment
guarantees the right to trial by jury in criminal cases

7. 7th Amendment
a right to trial by jury in civil cases in federal courts (been extended to states)
***Most civil cases result in out-of-court settlements before a trial (plea bargain)

8. Appeals Courts
One party asks a court to review the decision of the trial court
No juries or witnesses
No new evidence
Lawyers make legal arguments like: an error in law

9. When the appeals court decides—it writes up it’s decision called an ‘opinion’
If someone on the court disagrees they may write a ‘dissenting opinion’

10. The 9 Federal Circuit Courts

11. When should you get a lawyer?
Buying or selling a home or real estate
Organizing a business
Changing your family status (divorce or adoption as examples)
Making a will or planning an estate

12. When to get a Lawyer?
Handling accidents involving personal injury or property damage
Signing a large or important contract
Defending a criminal charge or bringing a civil suit

13. Working with your lawyer
Trust is the foundation of the relationship!
Your lawyer needs to know everything about your situation
Whatever you tell him/her is private and confidential and cannot be disclosed to anyone without your permission (attorney-client privilege)
The lawyer will give you advice but you make the final decision
Lawyers must follow basic standards of conduct (Code of Professional Responsibility)

14. Juries?