Chapter 5 The Court System Law Chapter 5 The Court System

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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)

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)

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

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

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

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

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

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

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 1 judge

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

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

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

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

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

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

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

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

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

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

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