1. Court Systems Two separate court systems in the United States: 1. Federal 2. State

2. Federal Court System Hear civil and criminal cases involving federal laws Limited jurisdiction courts Hear cases involving parties from different states where the dispute is over $75,000 Also known as U.S. District Courts (94 of them in all) U.S District Courts appeal to the U.S. Circuit Court of Appeals (13 of them) who appeal to the U.S. Supreme Court

3. State Court Systems Usually resemble the federal court system in procedures and structure General jurisdiction courts All states have trial courts (the lowest court) called superior, county, district (in Louisiana) or municipal (City) courts Specialized to deal with specific areas, such as, family, traffic, criminal, probate Cases involving juveniles heard in juvenile courts

4. Probate courts handle cases involving wills and estates Small claims courts hear cases involving small amounts of money (max amount depends on the state) Trial courts appeal to the Court of Appeals, who appeals to the State Supreme Court If a state court decision only involves state law, it can not be appealed to the U.S. Supreme Court The Louisiana Supreme Court is located in New Orleans

5. Adversarial vs Inquisitional Systems Adversarial System -system used in the US trial courts -contest between opposing sides -theory is the trier of fact will be able to determine the truth

6. Inquisitional System -system used in some European countries -judge is allowed to participate in the questioning of witnesses, and gathering and presenting evidence

7. Trial Courts Listen to testimony, consider evidence, and decide facts in disputed situations Two parties to a case 1. Plaintiff (civil trial): the party that initiates the action or Prosecutor (criminal action): the government initiates the case

8. 2. Defendant- the responding party

9. Appeals Courts The losing party at the trial level may be able to appeal its case One party (lawyers) present arguments asking the court to change the decision of the trial court Other party (lawyers) presents arguments supporting the decision of the lower court No juries, witnesses, or evidence Usually three judges hear a case

10. Not everyone who loses can appeal Can appeal only when there is a claim that there was an error of law on the part of the trial court judge Example: give the jury the wrong instructions Decided in a written opinion and sets precedent for future cases If judges disagree on the decision, a majority opinion states the decision of the court

11. Judges who disagree may write a dissenting opinion which states their reasons for disagreement -important because may become reasoning for future majority opinions -Example: Plessy vs Ferguson (1896)- upheld racial segregation as long as facilities were separate but equal

12. -Brown vs Board of Education... (1954)- dissent reasoning suggested in Plessy accepted by the Supreme Court which declares separate but equal unconstitutional A judge may agree with the decision, but disagree with the reasoning, would issue a concurring opinion

13. The Supreme Court Nine justices, majority rules Most important precedents established by All US courts must following rulings Many laws have been changed by the SC Does not consider all appeals

14. Each year, more than 8,000 cases are appealed to the SC Hears and rules only on the most critical national policy issue cases, usually controversial (about 80) +50% of cases appealed to the SC are writs for certiorari, but 99% of theses cases are denied About 75% of cases come from Federal Court Four of the nine justices have to agree to hear a case (this is the only instance where majority does not rule)

15. The Process of Appealing to the Supreme Court 1. Written legal brief is submitted to the court to emphasize why the case should be heard or not If 4 of the 9 justices agree to hear the case, then a petition for certiorari is granted 2. Written legal brief submitted to the court on how the case should be decided and an oral argument is scheduled

16. 3. 30 minute oral argument is presented by both sides to the court (justices may ask questions during this period) 4. Justices meet in private to discuss the case, and begin the process of drafting an opinion *nearly ½ of the cases heard are decided by a unanimous vote of 9 to 0

17. Justices appointed for life by the President and confirmed by the Senate Judges may be appointed on the basis of their personal or political viewpoints Session lasts from the first Monday in October through June Authority to interpret the meaning of the Constitution and federal laws

18. Has the power to reverse past cases, if same issue is presented again in new case (usually because society’s views have changed or new justices have been appointed

19. Tribal Courts Several hundred Indian tribes govern reservations in the U.S. today Native American tribes are no longer independent sovereigns Do not possess complete authority over the reservation, but do retain some original authority (Called inherent powers)

20. Powers include: regulation of family relationships, tribal membership, and law and order of the reservation Occasional, Congress grants delegated powers to the reservation, such as environmental regulation Have justice systems called tribal courts

21. Hear a broad range of criminal and civil cases which involve both Native and non-Native Americans Some of these systems are very traditional and show very little influence of American culture Many resemble American court systems due to federal influence and laws such as the Indian Civil Rights

22. Work of the tribal courts reflect the culture of the tribal people who work in them Jurisdiction of the courts determined by both federal and tribal laws Criminal felonies that are committed by a Native American on the reservation would be held in federal court, due to the criminal sentencing authority of the tribal court being limited to one year or less and a fine of less than $5,000 (Indian Civil Rights Act)

23. The U.S. Supreme Court has ruled that inherent tribal authority no longer includes the authority to prosecute non-Native Americans for crimes committed on reservations

24. International Courts Set up by the UN and other international organizations Apply and enforce international laws

25. International Court of Justice First & most important the principal judicial court of the UN may settle any dispute based on international law that a country submits

26. International Criminal Court Created by the UN Jurisdiction to try individuals for crimes such as genocide, crimes against humanity, war crimes, and crimes of aggression Treaty to create this court was ratified by over 80 counties, but opposed but the US

27. Judges Preside over the trial and protects the rights of all parties involved Make sure attorneys follow the rules of evidence and procedures of the court In non jury trials, determines facts and renders verdict In jury trials, instructs the jury as to the laws of the case Sentences criminals

28. Juries Right to trial by jury guaranteed by the 6 th (criminal) and 7 th (civil) amendments in both state and federal courts In civil cases, either the plaintiff or the defendant may request In criminal cases, only the defendant can request Not required in every case

29. Jury is selected and charged with the task of determining facts and applying the law To serve on a jury: -must be a US citizen -must be at least 18 -must be a resident of the state -be able to speak and understand English Jury duty is a responsibility (civic duty) Can sometimes be excused for undue hardship or extreme inconvenience

30. At one time, members of the clergy, lawyers, doctors, policemen, firefighters, and disabled people were excluded- no longer applies in most states Convicted felons usually can not serve Employers are required to let their employees serve (but not required to pay them) Most courts pay a small daily stipend

31. Once selected, juror is screened through voir dire (examination by lawyers of the case to determine prejudices) Juror may be removed for cause- incapable of being partial Juror may be removed in preemptory challenge

32. Steps in a Trial 1. Opening Statements-plaintiff or prosecutor goes first, then defense 2. Direct Examination by the plaintiff or prosecutor 3. Cross examination by the defense 4. Motions by the defendant’s attorney if basic case has not been presented

33. 5. Direct examination by the defense 6. Cross examination by the plaintiff or the prosecutor 7. Closing statements, first by the plaintiff or the prosecutor 8. Rebuttal Argument by the plaintiff or prosecutor 9. Instructions given to the jury by the judge 10. Verdict given by the jury

34. Many civil cases result in settlements or a judge hearing the case Most criminal case result in plea bargains