1. Chapter 5 – The Court System

2. Trial Courts  Trial Courts – listen to testimony, consider evidence, and decide the facts in disputed situations  Plaintiff –  Civil Trial – the party bringing the legal action  Prosecution  Criminal Trial – state or federal government initiates the case  Defendant– the party responding to the plaintiff or prosecution  The trial system in the US is an adversarial system (it is a contest between opposing sides, or adversaries)  The theory is that the trier of fact (judge/jury) will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other side’s case  Critics of the Adversarial Process  It is not he best method for discovering the truth with respect to the facts of a specific case  Battle in which lawyers act as enemies, making every effort not to present all the evidence

3.  Some European countries use the inquisitional system (the judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence)  Judges can order witnesses to appear, conduct searches, present and comment on evidence, take the lead role in trying to uncover the truth  6 th Amendment of the US Constitution  Guarantees the right to trial by jury in criminal cases in the federal and state courts  7 th Amendment of the US Constitution  Guarantees a right to trial by jury in civil cases in the federal courts  The fact that a constitution protects the right to trial by jury does not mean that a jury is required in every case  Most civil cases the 2 parties decide not to use juries  Most criminal cases the 2 parties settle out of court using a plea bargain (pretrial agreement between the prosecutor and the defendant and his/her lawyer, disposes of the case without a trial)

4.  Trial by Jury  If a jury trial is requested, a jury is selected and charged with the task of determining the facts and applying the law in a particular case  To serve on a jury  Must be a US citizen, 18 years old, Able to speak and understand English, and A resident of the state  Citizens have a duty to serve on juries  Citizens who do not have to serve due to occupations  Clergy, Attorneys, Physicians, Police officers, Firefighters, Persons unable to undertake juror tasks because of mental/physical disability, and Convicted felons  County clerk uses a list with names of registered voters, licensed drivers, or some combination of the two to determine who should be called for jury duty  Employers must give time off to employees who are called for jury duty  They may or may not pay for their time off  Jurors are paid for each day they show up to court by the government for their service, some even pay for transportation fees

5. Appeals Courts  Appeals Court – one party presents arguments asking the court to review the decision of the trial court and the other party presents arguments supporting the decision of the trial court  No juries or witnesses, no new evidence is presented  Only lawyers appear before the judges to make legal arguments  An appeal is possible only when there is a claim that the trial court has committed an error of law  When an appeals court decides a case, it issues a written opinion or ruling called a precedent (opinion used for similar cases in the future)  Lower courts in the jurisdiction area need to follow the new precedent  Higher courts can reverse the appeal  Precedent of the Case  Dissenting Opinion – states the reasons for the disagreement with the majority opinion  Concurring Opinion – judges who agree with the majority’s outcome, but for reasons different from those used to support the majority opinion

6. State and Federal Court Systems US Supreme Court Court of Appeals US Supreme Court State Supreme Court (Highest State Court) Intermediate Court of Appeals Municipal or County Court (Local Trials) US District Court (Federal Trials) Appeals State Cases Federal Cases

7. State Courts  Most state court systems resemble the federal court system in both structure and procedure  All states have trial courts – usually called superior, county, district, or municipal courts  Specialized to deal with specific types of legal issues  Example: Family/Domestic Relations Courts, Juvenile Court, Traffic Court, Criminal Court, Probate Courts, Small Claims Court  If you lose your case in the trials court, you may be able to appeal to an intermediate court of appeals  The states highest court has the final say on interpretation of state laws and the state constitution  If the state supreme court decision involves federal law or federal constitutional issues, it may be possible for the losing party to appeal to the US Supreme Court

8. Federal Courts  Article III of the US Constitution creates a Supreme Court and gives Congress the power to create lower courts  US is divided into 92 federal judicial districts in 12 regional circuits with a district court (federal trial court) in each district  Only hears cases dealing with certain legal topics, primarily international trade, patent law, money claims against the federal government, and veterans issues  Federal court judges are appointed by the president and confirmed by the Senate and serve until they resign, retire, or die

9. Tribal Courts  Native Americans no longer possess complete authority over their reservations; however, they retain some of their original authority  Tribal powers that remain are call inherent powers  These include the power to regulate family relationships, tribal membership, and law and order among tribal members on the reservation  Tribal courts hear a broad range of both criminal and civil cases involving both Native Americans and non-Native Americans  Jurisdiction of such courts varies based on such factors as the location of the offense and the status of both the defendant and the plaintiff

10. The Supreme Court of the United States  All state and federal courts must follow the US Supreme Court precedents  Supreme Court does not accept all appeals that are brought to it – typically only hear about 80 out of 8000 per year  Court’s term begins on the 1 st Monday of each October and final decisions on cases are handed down by the end of June the following year  US Supreme Court at 9 court justices appointed by the president and approved by the Senate  Have the authority to interpret the meaning of the US Constitution and federal laws  All lower courts must follow these interpretations and other rules of law established by the Supreme Court

11. International Courts  A number of international courts have been set up by the United Nations (UN) and other international organizations to apply and enforce international law  International Court of Justice (ICJ) – the principal judicial organ of the UN – settles any dispute based on international law that a country submits to it  International Criminal Court (ICC) – has jurisdiction to try individuals for crimes such as genocide, crimes against humanity, war crimes, and crimes of aggression