STREET LAW CHAPTER 1 COURTS P. 41-58

Settling Disputes out of Court Negotiation: Talk to each other Mediation: don’t have to follow, listens to both sides, suggests solution, referee Arbitration: have to follow makes a decision, Judge, agree in advance to accept decision

Contest between 2 opposing sides Adversary system U. S. trial system Contest between 2 opposing sides

Burden of Proof on prosecution Criminal Case Burden of Proof on prosecution Must prove guilt beyond REASONABLE DOUBT INNOCENT UNTIL PROVEN GUILTY Consider Evidence Decide the facts in the dispute

Preponderance of Evidence Weight of Evidence In Civil Case (Lawsuit) Plaintiff v. Defendant Plaintiff proves by preponderance of Evidence

Inquisitional System European system Judge has more control Guilty until proven innocent Defendant has Burden of proof of innocence

7 STEPS IN TRIAL Defense goes last 1. Opening statements: Both sides tell what they intend to prove (Allegations: unproven statements) 2. Direct Examination: Each witness questioned by own side 3. Cross Examination: Each witness is questioned by the other side. 4. Closing Arguments: Last chance to talk to jury. Summarize main points

5. Jury Instruction: How to make a decision based on law 6. Deliberation: Jury is secluded, talk about case, reach decision Sometimes sequestered. 7. Verdict: Guilty or not (criminal) find for plaintiff or defendant (civil) Hung jury, not unanimous decision retry

JUDGES Presides over the trial Protects rights of everyone involved in the court Maintains order in the court Makes sure pretrial procedures are followed In Jury trial: instructs the jury as to the law In Non-jury trial: hears facts and decides verdict

JURIES Used in both Fed. And State court Not required: Must be requested by plaintiff or defendant 12 people (sometimes 6 or three) Jurors: 18 years old, resident of state Excused: Police, Firemen, Attorneys, Doctors, Felons, mental illness

Jury Selection Voir Dire: each potential juror screened by lawyers Removal for Cause: removing a prejudiced juror and giving a reason Peremptory Challenge: removing a juror without stating reason (limited number)

LAWYERS (ATTORNEYS) Rarely go to court Trial lawyer = litigator Advocate for the client Retainer: up front money to secure lawyer Contingency fee: pay only if win the case, a percentage of what the client wins Legal malpractice: a lawyer is sued for serious error(s) that caused a client loss or injury Disbar: no longer has a license to practice law