1. Chapter 5 The Court System
Law
Chapter 5
The Court System

2. What are the intended goals for this course?
To provide a practical understanding of law and the legal system that will be of useful to you in your everyday lives.
To improve understanding of the fundamental principles and values underlying our Constitution, laws, and legal system

3. Goals continued:
To examine important cases in the history of the United States Supreme Court, and understand their historical and legal significance.
To promote an awareness of current issues that impact on law and our legal system, and

4. Goals continued:
To develop an understanding of the roll that law enforcement officers, lawyers and the legal system play in our society.

5. Court Overview The United States has many court systems
The Federal Government has a court system, and
Each state has its own court system
All court systems have both:
1. Trial courts, and
2. Appeals (appellate) courts

6. What is the purpose of a trial court?
The purpose of a trial court is to:
1. Listen to testimony
2. Consider evidence, and
3. Decide the facts in dispute in a criminal or civil case
There are always two sides or parties to each case

7. Who are the parties in a civil trial?
The person bringing about the legal action (lawsuit) is called the plaintiff
The person responding to the plaintiff is called the defendant
A judge will preside over the case and assure that:
1. Rights are protected, and
2. Court rules and trial procedures are followed

8. Who are the parties in a criminal trial?
The (state or federal) government initiates the case and serves as the prosecutor
The party responding to the prosecution (criminal charge) is called the defendant
A judge will preside over the case and assures that:
1. Rights are protected, and
2. Court rules and trial procedures are followed

9. Are there other parties in criminal or civil trials?
Criminal or civil trials must have a trier of fact who will decide guilt or innocence, or decide responsibility
In a jury trial, the trier of fact will be the jury
In a bench trial (no jury), the judge will be the trier of fact

10. What is our trial system called?
The trial system used in the United States is called an Adversary System
It is a contest between opposing sides, or adversaries
The adversary system is the cornerstone of our legal system

11. How does the adversarial trial system work?
In theory, the trier of fact will be able to determine the truth if:
1. The opposing parties present their best arguments, and
2. Show the weaknesses of the other side’s case

12. What is the role of lawyers in the adversarial trial system?
Most lawyers believe by approaching the same set of facts from different perspectives the truth will be uncovered
However, critics believe that the adversary system is not the best system for discovering the truth

13. Role of lawyers continued:
The critics believe:
1. It is a battle in which lawyers act as enemies
2. Lawyers make every effort not to present all the evidence
3. The goal of the trial becomes victory and not truth or justice

14. What is the role of the judge in a trial?
The judge presides over the trial
The judge is charged with:
1. The duty to protect the rights of those involved
2. To assure that the lawyers follow the rules of evidence, and
3. To assure that the lawyers follow the rules of trial procedure

15. Role of the judge continued:
In jury trials, the judge will instruct the jury as to the laws involved in the case
In non-jury trials, the judge determines the facts of the case and renders a decision
In criminal trials, the judge will sentence individuals convicted of crimes

16. What is the role of the jury in a trial?
The jury is charged with the following responsibility:
1. The task of determining the facts in dispute
2. Applying the law in a particular case, and
3. Rendering a verdict on the facts determined

17. What is the purpose of a civil trial?
The purpose of a civil trial is to determine if someone should be liable for:
1. An injury to another,
2. Damage to their property, or
3. Damage to their reputation

18. Purpose of a civil trial continued:
Civil trials are used to address:
1. Civil Rights violations
2. Negligence and Intentional torts, and
3. Resolve other types of disputes

19. Civil trials continued:
The level of proof needed for a finding in a civil trial is 51% and is called a preponderance of evidence
A successful legal action will result in a monetary award, an injunction (a command to do something), or a cease and desist order (a command to stop doing something)

20. What is the purpose of a criminal trial?
The purpose of a criminal trial is to determine if someone should be held legally responsible for committing a criminal act
The level of proof needed in a criminal trial is 99.9% and called Proof Beyond a Reasonable Doubt

21. Criminal trials continued:
The reason for this high level of proof is because of the punishment attached to criminal cases
If the defendant is found guilty, or pleads guilty, he/she will be subject to fines and penalties, such as prison or death

22. What are the steps in a criminal or civil trial?
1. Opening Statement by the plaintiff’s attorney or prosecutor - Explanation of the evidence to be presented to prove the allegations
2. Opening Statement by the Defense- Explanation the evidence to be presented to disprove the allegations

23. Steps in a trial continued:
3. Direct Examination by the plaintiff or prosecutor – Witnesses testify and evidence is presented to prove the case
4. Cross Examination by the Defense – Questioning of the witnesses for the P/P to break down their story or discredit them in the eyes of the jury

24. Steps in a trial continued:
5. Motions – If the P/P case has not been established, the judge can end the case on a motion by the defense
6. Direct Examination by the Defense - Defense presents its witnesses and evidence
7. Cross-Examination by the P/P – The P/P questions the defense witnesses

25. Steps in a trial continued:
8. Closing Statements by the P/P – A review of the testimony and evidence presented is given
- The P/P will ask for a finding of guilt (in a criminal trial), or a finding for the plaintiff (in a civil trial)

26. Steps in a trial continued:
9. Closing Statements by the Defense- A review of the testimony and evidence presented is given
- The defense attorney will ask for a finding of not guilty (in a criminal trial), or a finding for the defendant (in a civil trial)

27. Steps in a trial continued:
10. Rebuttal Argument – The P/P makes additional closing arguments in response to the defense’s closing statements
11. Jury Instructions – The judge will instruct the jury on the criminal or civil laws that apply to the case

28. Steps in a trial continued:
12. Verdict – The jury will deliberate and render a verdict

29. What is the purpose of an appeals court?
In a criminal or civil trial, the losing party may appeal the court’s decision to an appeals or appellate court
However, the appeal is not automatic and must be base on an error of law
An error of law is different from an error of fact

30. What is an error of law?
An error of law occurs whenever a judge makes a mistake as to the law in a particular case, such as:
1. The judge gives the jury wrong instructions, or
2. The judge permits evidence that should not have been allowed

31. Error of law continued:
If an error of law is minor and does not affect the outcome of the trial, the trial court’s decision will not be overturned
If the error is substantial and affected the outcome of the trial, a new trial will be granted

32. How do appeals courts work?
One party (prosecutor or defense), or (plaintiff or defense) presents arguments asking the court to change the decision of the trial court
The other party presents arguments supporting the decision of the trial court

33. Appeals courts continued:
An appeals court differs from a trial court as follows:
1. There are no juries or witnesses
2. No new evidence is presented
3. Only lawyers appear before the court to make their argument
4. An appeals court will usually have 3 judges, while a trial court has judge

34. Appeals courts continued:
Whenever an appeals court decides a case, it will render a written opinion or ruling
This ruling sets a precedent for similar cases in the future
In effect, this ruling establishes law
A higher court or court in a different area can disagree with this precedent

35. Appeals courts continued:
The purpose of having 3 judges hear an appeals case is to eliminate any tie
A majority ruling is needed for each case
Whenever judges disagree on a decision, the same court may issue two or more written opinions

36. What are these written opinions called?
The Majority Opinion – Two or more judges agree with the decision for the same reason
Concurring Opinion – One or more judges agree with the decision, but for a different reason
Dissenting Opinion – One judge disagrees with the majority and issues his/her reasons for disagreeing with the majority

37. Does everyone have the right to a jury trial?
The right to a jury trial is guaranteed under the 6th and 7th Amendments to the US Constitution
1. The 6th Amendment guarantees the right to a jury trial in a criminal case
2. The 7th Amendment guarantees the right to a jury trial in a civil case

38. Jury trials continued:
Jury trials apply to both federal and state courts
In a criminal case, the defendant decides whether there will be a jury
In a civil case, either the plaintiff or the defendant may request a jury trial
A trial without a jury is called a Bench Trial

39. Jury trials continued:
Not every case will result in a jury trial
1. In criminal cases, a defendant can enter a guilty plea in a pre-trial agreement called plea-bargaining
2. In civil cases, the parties can agree to out-of-court settlement

40. How does the US Supreme Court function?
There are nine Supreme Court Justices
They are appointed for life
In each case the Supreme Court hears:
1. Majority rules (5/4)
2. All courts in the United States must follow its decisions

41. Supreme Court continued:
The Supreme Court can establish law and sometimes change law
The Supreme Court receives over 8,000 appeals a year
The justices will hear about 80 cases per year and complete written opinions for each case heard

42. Supreme Court continued:
More than one-half of all appeals are received from inmates
99% of all petitions to hear cases are denied
With few exceptions, the Court does not have to hear any case appealed to it - Federal voting rights cases are exceptions

43. Supreme Court continued:
The Court limits its cases to:
1. Those where lower courts have a difference of opinion on the same matter
2. Those cases that it believes deal with critical national policy issues, such as the death penalty, abortion, and civil rights

44. What are some examples of civil rights cases?
There are two very important Supreme Court case on Segregation
1. Plessy v Ferguson in 1896, and
2. Brown v the Board of Education in 1954
Both had vastly different outcomes with respect to the Separate but Equal Doctrine