1. 1 Chapter 5: The Court System

2. 2 Trial Courts Trial courts listen to testimony, consider evidence, and decide the facts in disputes. There are 2 parties in a trial: –The plaintiff brings the legal action. (In a criminal case, the government initiates the case and serves as the prosecutor.) –The defendant responds to the legal action.

3. 3 Trial by Jury The right to trial by jury is guaranteed by the 6 th and 7 th Amendments. –This right applies at federal and state levels. Juries are not required in every case. –In a civil case, the plaintiff or the defendant can request a jury. –In a criminal case, the defendant decides whether there will be a jury.

4. 4 Jury Selection Once a jury has been selected, jurors will be assigned to specific cases through a process called voir dire examination. –Attorneys will attempt to discover any prejudices that potential jurors may have. –Attorneys may request the removal of any juror who appears incapable of rendering a fair or impartial verdict (removal for cause). –Attorneys may also remove a limited number of jurors without cause (peremptory challenge).

5. 5 Appeals Courts In an appeals court, one party presents arguments asking the court to change the decision of the trial court. There are no juries or witnesses, and no new evidence is presented. Not everyone who loses a trial can appeal. –Appeals usually occur when there is a claim that the trial court has committed an error of law.

6. 6 Appeals Courts When an appeals court decides a case, it issues a written opinion which sets a precedent for similar cases in the future. Appellate court cases are usually heard by three judges instead of just one. –If all the judges do not agree on a ruling, the majority opinion becomes the court’s decision. –Judges who disagree with the majority decision may issue a dissenting opinion giving their reasons.

7. 7 Federal Courts Federal courts hear: –Criminal and civil cases involving federal law. –Cases involving parties from different states when the amount in dispute is greater than $75,000. The final court of appeal is the U.S. Supreme Court.

8. 8 State Courts All states have trial courts called superior, county, district, or municipal courts depending on the state. State trial courts are often specialized to deal with specific areas such as traffic, small claims, criminal, and family.

9. 9 State Courts If you lose in trial court, you may appeal to an intermediate court of appeals or directly to the state supreme court. Each state’s highest court has the final say on interpretation of state laws and the state constitution. –Only if a case involves federal law or federal constitutional issues can it be appealed to the U.S. Supreme Court.

10. 10 U.S. Supreme Court All courts in the U.S. must follow U.S. Supreme Court decisions. The Supreme Court does NOT have to consider all cases appealed to it. The nine U.S. Supreme Court justices are appointed by the President and confirmed by the Senate. The Supreme Court has the power to reverse rules of law established in prior cases if the same issue comes before it again in a new case.

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12. 12 U.S. Supreme Court U.S. Circuit Court of Appeals State Supreme Court U.S. District Court Intermediate Court of Appeals Municipal or County Court

13. The Court System Song 13