1. The Court System
Chapter 5

2. Background Article III of the Constitution set up the court system.
5th Amendment
right to a grand jury
to be free from self incrimination
6th Amendment
right to a speedy and public trial
right to call witnesses and cross examine
right to an attorney

3. Background 7th Amendment 8th Amendment The Court System
right to a jury trial in civil cases
8th Amendment
No cruel or unusual punishment
No excessive bail
The Court System
Trial Courts
Appeals Courts
Supreme Court

4. Trial Courts Listen to testimony, settle disputes Two parties
The side that brings the case:
Civil = Plaintiff
Criminal = Prosecution (the gov’t)
The party that responds to the charges = Defendant

5. Trial Courts Step in a Trial
Step 1: Opening Statement by Plaintiff or Prosecutor
Step 2: Opening Statement by Defense
Step 3: Direct Examination by Plaintiff or Prosecutor
Step 4: Cross-Examination by Defense
Step 5: Motions
Step 6: Direct Examination by Defense

6. Trial Courts Step in a Trial
Step 7: Cross Examination by Plaintiff or Prosecutor
Step 8: Closing Statement by Plaintiff or Prosecutor
Step 9: Closing Statement by Defense
Step 10: Rebuttal Argument
Step 11: Jury Instructions
Step 12: Verdict

7. Trial Courts The U.S. has an adversarial system
opposing parties present their side
try to convince a judge or jury (to win)
Judge: Am I never going to hear the truth in this case?
Lawyer: No, your honor, only the evidence.
Some countries have an inquisitional system in which the judge questions the defendant

8. Trial Courts
Do you think the adversarial system is the best method for solving disputes? Why or why not?
In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty? Explain

9. Trial Courts Juries Very important civic duty
Must be 18
Able to speak and understand English
Live in the state
Civil trials rarely have juries
Most criminal cases are plea bargained

10. Trial Courts Juror Selection Employers must let employees serve
Voir dire examination – jurors are asked questions to determine any prejudices or preconceived opinions
Removal for cause
Peremptory challenges
Possible exemptions: clergy, attorneys, physicians, police, convicted felons, mental incompetence

11. Trial Courts
If you were a defense attorney questioning jurors at the voir dire in a murder trial, what questions would you ask potential jurors to determine whether they could render a fair and impartial verdict?
For what reasons might an attorney use a peremptory challenge?
Indicate whether you agree or disagree with the following statement: “It is better that ten guilty persons go free than that one innocent person suffer conviction.” Explain

12. Appeals Court Asked to review the decision of trial court
Can only happen if there is an “error of law”
Appeals court sets precedent
Opinion of the court (Majority)
Dissenting
Concurring
Dissenting opinion important (ex. Plessey vs. Ferguson )

13. State and Federal Court Systems
State courts are courts of general jurisdiction
Federal courts hear cases involving federal law

14. U.S. Supreme Court US Federal Court of Appeals (12)
State Supreme Court
Court of US Patent and Trademark
State Appeals Court
Court of Federal Claims
US Federal District Court (94)
Municipal or County Courts (family, traffic, criminal, probate, small claims)
Court of International Trade
Federal
State
Federal Circuit Court

15. Federal Districts

16. The Supreme Court Highest Court in the US – Final say in legal matters
9 Justices – 8 Associate and 1 Chief Justice
Nominated by the President, confirmed by the Senate
Convenes the first Monday in October
Supreme Court sets its own agenda
About 8,000 cases are appealed each year – the court deals with about 80

17. The Supreme Court
Petitions for certiorari (Cert) – a request of a lower court to send up its records
The appeal is usually from the losing side
Step 1: both sides write legal briefs explaining why the case should or should not be heard
4 of 9 is required to accept a cert

18. The Supreme Court
Step 2: Legal briefs are written as to how the court should rule
Step 3: Oral arguments are scheduled – 30 minutes for each side
Justices ask questions
Step 4: Private meeting then held to discuss the case
Vote is taken – majority rules

19. The Supreme Court Opinion is written and published
Majority
Dissenting
Concurring
More than half are reversed
Important issues lately
Death penalty
Abortion
Civil Rights