1. THE COURT SYSTEM
CHAPTER 5

2. TRIAL COURTS THESE ARE THE 1ST COURTS TO HEAR A CASE
THERE ARE 2 PARTIES (SIDES)
PROSECUTION
DEFENSE
IN THE U.S., THIS IS CALLED THE ADVERSARY SYSTEM
TRIAL COURTS ARE CONTESTED BY ADVERSARIES

3. IN EUROPE, THEY FOLLOW THE INQUISITIONAL SYSTEM
THIS IS WHERE THE JUDGE IS ACTIVELY INVOLVED IN THE QUESTIONING OF WITNESSES AND THE CONTROLLING OF THE GATHERING AND PRESENTING OF EVIDENCE
COPY THE CHART ON PG. 49 STEPS IN A TRIAL

4. JURY JURIES ARE INVOLVED IN THE TRIAL COURTS
JURORS ARE PERSONS WHO SERVE ON A JURY
EVERY PERSON IN THE U.S. IS GUARANTEED THE RIGHT TO A JURY TRIAL

5. IN THE U.S., THE VOIR DIRE SYSTEM OF JUROR EXAMINATION IS USED
IN THIS PRELIMINARY PROCEEDING, POTENTIAL JURORS ARE QUESTIONED BY THE OPPOSING LAYWERS AND THE JUDGE
IT IS USED TO DETERMINE THE OPINIONS OF POTENTIAL JURORS AND IF THEY COULD HURT THEIR CASE

6. REMOVAL FOR CAUSE- A JUROR IS REMOVED WHO APPEARS UNABLE TO RENDER AN IMPARTIAL VERDICT
PEREMPTORY CHALLENGES- LAWYERS CAN REMOVE A POTENTIAL JUROR WITHOUT CAUSE

7. APPEALS COURT THIS COURT HEARS CASES UPON APPEAL
RIGHT FOR ANOTHER COURT TO HEAR A CASE
IN THIS COURT, ONE SIDES TRIES TO PROVE THAT AN ERROR OCCURRED IN THE FIRST COURT
THIS IS CALLED AN ERROR OF LAW

10. THEY DO NOT GIVE A GUILTY OR INNOCENT VERDICT
THEY DO NOT CALL WITNESSES OR HEAR EVIDENCE
IF THEY OVERTURN THE FIRST COURT, THEIR DECISION BECOMES A PRECEDENT

11. OPINIONS
JUDGES WHO DISAGREE WITH THE APPEALS COURT DECISION MAY WRITE A DISSENTING OPINION
THIS OPINIONS STATES WHY THEY DISAGREE WITH THE COURT
JUDGES WHO AGREE WITH THE COURTS DECISION BUT FOR DIFFERENT REASONS MAY WRITE A CONCURRING OPINION

12. FEDERAL APPEALS COURTS
FEDERAL CASES BEGIN THE U.S. DISTRICT COURTS (MOST CASES)
PA IS DIVIDED IN 3
HAZLETON IS IN PA MIDDLE DISTRICT
CASES ARE THEN APPEALED TO ONE OF THE 13 U.S CIRCUIT COURT OF APPEALS
PA IS IN THE 3RD CIRCUIT
IT CONSISTS OF PA, NJ, DE, AND THE V.I.

14. CASES ARE THEN APPEALED TO THE U.S. SUPREME COURT
THIS IS THE HIGHEST COURT IN THE U.S.
IT CONSISTS OF 9 JUSTICES (JUDGES)
CHIEF JUSTICE JOHN ROBERTS
THERE ARE 6 MEN AND 3 WOMEN

15. JUSTICES ARE APPOINTED BY THE PRESIDENT FOR LIFE TERMS
PETITIONS FOR CERTIORARI- RIGHT OF THE LOWER COURTS TO SEND UP THEIR RECORDS
ONLY ABOUT 1% ARE HEARD BY THE COURT
DEALS WITH CONSTITUTIONAL ISSUES
JUSTICES ARE APPOINTED BY THE PRESIDENT FOR LIFE TERMS

16. Your are legal counsel to the president
Your are legal counsel to the president. One of the Supreme Court justices has just announced his resignation. Many groups and individuals are suggesting names of people they think should be nominated by the president. Write a memo to the president describing the type of person who should be nominated to the U.S. Supreme Court.
As legal counsel to the president, look at the following characteristics of potential Supreme Court nominees. Rank them from most important too least important. Be prepared to give your reasons.
- 45 years old
- Hispanic American
- Female
- Graduated first in class from a top law school
- Respected trial court Judge
- Smoked marijuana while a law professor 20 years ago
- Believes that affirmative action is unconstitutional
- Believes in a woman’s right to an abortion
-Lives in California (assume there are no current justices from the west coast)
- Practicing Catholic (assume there are no Catholics on the court)

17. PA COURT SYSTEM

18. TRIBAL COURTS COURTS THAT GOVERN NATIVE-AMERICAN RESERVATIONS
THEY HEAR CASES INVOLVING INDIAN CUSTOMS AND TRADITIONS
MOST CRIMINAL CASES ARE HEARD IN THE STATE OR FEDERAL COURTS