1. Chapter 5 “The Court System”

2. The Court System ► Each state has its own court system ► System of federal courts ► Each has trial and appeals courts ► Highest Court-Supreme Court  Hears appeals from other courts

3. Trial Courts ► Trial courts: used in every state ► Evidence-provided by witnesses-witnesses called to testify in the case ► Trial-two sides (parties) to each case ► Civil trial-plaintiff brings legal action to court ► Criminal trial-govt. serves as the prosecutor ► Civil and criminal-defendant responds to prosecutor or plaintiff ► trial court-makes decision---losing party may be able to appeal to an appellate court ► U.S. system: adversary system

4. Trial courts… ► Judges role in inquisitional system: 1. Order witnesses to appear 2. Order to conduct searches 3. Present and comment on evidence 4. Take the lead role in trying to uncover the truth -adversary process: *all of the above are left to competing parties *final decision is made by judge or jury based on arguments and evidence *pg. 47 “FYI”---allegations, motion, rebuttal argument (presentation of facts to a court, demonstrating that the testimony of a witness or evidence presented by the opposing party is not true), hung jury

5. Trial Courts… ► Judge presides over trial ► Makes sure attorneys follow rules of evidence and trial procedures ► Non-jury: determines facts of case and places judgment ► Jury trial-judge instructs jury ► Criminal trials-judge sentences individuals

6. Trial Courts… ► Sixth and Seventh Amendment: ► Right to trial by jury ► Applies to federal and state courts ► Jury not required in every case ► Civil case-either the plaintiff or defendant may request jury trial ► Criminal case-defendant decides jury trial or not ► Civil cases-many result in an out-of-court settlement or trials by a judge ► Criminal cases-plea bargaining-if defendant decides to plead guilty, the prosecutor agrees to charge the defendant with a lesser crime

7. Trial Courts… ► Jury trial-jury selected (to decide facts) ► To serve: 1. U.S. citizen (one of our duties) 2. 18 years old 3. Resident of the state in which you are serving 4. Convicted felons are usually ineligible *once selected: assigned to specific cases after being screened *voir dire: opposing attorneys may request removal of any juror who does not appear capable of fair and impartial verdict (removal for cause) *attorneys may remove potential juror for peremptory challenges

8. Appeals Courts ► One party argues for different decision than lower court made ► Other party argues to keep decision of lower court ► No juries or witnesses, no new evidence ► Not everyone can appeal ► Only lawyers appear before judge ► Error of law ► Issues a written opinion-sets precedent ► Appellate court-heard by more than 1 judge (justices)---Supreme Court -9

9. Appeals… ► When judges disagree-two or more written opinions may be issued ► Majority opinion-sets decision ► Dissenting opinion---states reasons for disagreement ► Concurring opinion

10. Federal and State Courts ► Federal courts-hear criminal and civil cases involving federal laws ► Hear cases involving parties fromdifferent states when the amount of dispute is more than $75,000 ► U.S. District courts---lose a trial in District Court-appeal to U.S. circuit court of appeals ► U.S.---13 circuit courts

11. Federal and State… ► All states have trial courts-specialized to deal w/ specific legal areas: (family, traffic, criminal, probate, small claims) 1. Superior 2. County 3. District 4. Municipal *juvenile cases may be heard in a special juvenile court *criminal court-divided between felony and misdemeanor cases *probate courts-cases involving wills and claims against estates of person who die w/ or w/out a will *small claims-cases involving small amounts of money-may come w/out lawyers-fees are low *each state’s highest court has the final say on interpretation of state laws and the state constitution

12. Tribal Courts ► Native American tribes govern reservations ► No longer possess complete authority over their reservations ► Inherent powers: regulate family relationships, tribal membership, law and order on the reservation ► Delegated power-Congress grants in a certain area ► Tribal court systems-justice systems-criminal and civil cases (both Native Am. And non-native) ► Both federal law and tribal law determine jurisdiction ► Criminal-federal law gives federal courts jurisdiction over many felonies committed by Native Americans on the reservation ► Criminal sentencing in tribal courts: limited to imprisonment for no longer than one year and fine no more the $5000 ► Some only handle minor offenses

13. The U.S. Supreme Court ► Most important precedents are handled ► 9 justices hear case-majority rules ► All courts in U.S. follow SC decisions ► Laws changed in SC ► Does not hear all appeals (8,000 cases/only 80 written opinions) ► Over ½ come from inmates ► Petitions for certiorari-reviewed by SC ► May approve or deny any application---very few granted ► Decides to grant a petition when there is a difference of opinion among lower courts ► Takes cases that deals w/ national policy (rights)

14. Supreme Court ► Party who appeals to Supreme Court: 1. Losing party in appellate court 2. Request in writing to be heard 1.why the case should be heard 2.Party who won also sends a briefing stating why case should not be heard 3.Party appealing needs 4/9 justices to agree to hear the case

15. Supreme Court… ► Court decides to hear case:  Parties write briefs on how the case should be decided  Oral argument is scheduled  Each side has 30 min. To present case to justices  Justices ask questions to lawyers  Justices meet in private conference  Opinion drafting begins

16. S.C. ► Courts term: ► 1 st Monday of each October-term starts ► Final decisions-handed down at end of June of the following calendar year ► More than ½ of the cases argued before the Court, lower court opinion is reversed ► Nominated by President-confirmed by Senate ► Interpret meaning of Constitution and federal laws ► Court’s opinions are released in written form-must be followed by lower courts ► Appointed for life ► Due process of law-must follow ► Cases  death penalty, abortion, civil rights ► Criteria for justices: demonstrated experience, intelligent, integrity, good moral character ► Have power to reverse rules of law established in prior cases