Bell Work: What is an adversarial system? Have you ever been in a courtroom? Have you ever attended a trial? Has anyone that you know ever served on a jury?
Adversarial system Trial system in the United States Contest between opposing sides or adversaries Judge or jury will be able to determine truth if opposing parties preset their best arguments and who other side’s weaknesses
Chapter 5: The Court System
Learning Targets: I can define adversarial system. I can state 1 argument in favor of and 1 argument against an adversarial system. I can describe the steps of a trial. I can describe the roles of judges, juries, defense attorneys, prosecutors and plaintiffs in a trial.
RCSHS Reminders Cell phones/technology Hats Tardies Proper behavior – sitting in desks, PDA, addressing teachers If you ever need anything………
Nov. 28 to Dec. 7 Monday – Trial Courts; Steps in a trial; mock trial videos Tuesday – How Kentucky juries are selected & Federal and state courts Wednesday – Lawyers Thursday – Guest Speaker Friday - Role assignments & work on mock trial Monday – Work on mock trial Tuesday – Work on mock trial Wednesday - Mock trial performance
https://www.youtube.com/watch?v=qtQDOQM4dM8
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.
Steps in a Trial All rise for judge Call court to order Swear in jury Opening statements – both sides Witness testimony – direct examination & cross examination Closing statement Jury Instruction deliberation Verdict Jury is thanked & dismissed
Roles in a Trial Bailiff Clerk Judge Witnesses Jurors Prosecution (criminal) Plaintiff (civil) Defense Court reporter
Bell Work: 1. Describe the 2 main parties in a trial. 2. List a role in which you would like to play in our mock trial and explain why you would be qualified.
https://www.youtube.com/watch?v=flInvzmdJck
Trial by Jury The right to trial by jury is guaranteed by the 6th and 7th Amendments. This right applies at federal and state levels. http://content.time.com/time/video/player/0,32068,1026381361001_2080300,00.html http://content.time.com/time/specials/packages/article/0,28804,2080345_2080344_2080381,00.html 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.
How are Juries Selected in Kentucky? Activity with handout
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).
Agree or disagree? “It is better than ten guilty persons go free than that one innocent person suffer conviction.”
In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you defend someone you knew was guilty?
“We have a jury system which is superior to any in the world “We have a jury system which is superior to any in the world. Its efficiency is only marred by by the difficulty of finding twelve men every day who don’t know anything and can’t read.” Mark Twain
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.
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.
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.
Appointment 9 Justices are nominated by President Confirmed by the Senate Appointment is for life
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.
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.
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.
U.S. Supreme Court State Supreme Court U.S. Circuit Court of Appeals Intermediate Court of Appeals U.S. District Court Municipal or County Court
The Court System Song
Federal or State Court? A state sues a neighboring state for dumping waste in a river that borders both states. A wife sues her husband for divorce. A person is prosecuted for assaulting a neighbor. 2 cars collide. One driver sues the other for hospital bills and auto repairs. A group of parents sues the local school board, asking that their children’s school be desegregated.