1. COURTROOM WORKGROUP I: STRUCTURE AND FUNCTIONS

2. ADVERSARIAL REPRESENTATION
Physical Structure of Courtroom
Roles (prosecutor vs. defense; victim v. defendant)

3. COURTROOM RULES Some based on rights of accused
Operate within system of jurisprudence (philosophy of law)
Regulate Behavior, evidence, procedure, order of events
Sources: Constitution, statutes, case law, individual judges

4. DUAL STRUCTURE Federal and State court systems
Similar in their hierarchy – trial courts of origin and appellate courts
Federal jurisdiction
State jurisdiction
Right to appeal (limited)

5. CRIMINAL VS. CIVIL COURT
Book page 95

6. FEDERAL: MAGISTRATE COURTS
Federal Magistrates Act of 1968
Limited powers – do not conduct trials
Bail review, issue search and arrest warrants, petty offenses

7. FEDERAL: US DISTRICT COURTS
Trial courts of original jurisdiction
Civil and criminal cases (most are civil)

8. FEDERAL: US COURTS OF APPEALS (CIRCUIT COURTS)
From district courts
13 circuits (10th Circuit, e.g.)
Must be constitutional basis for appeal
Appealable issues limited (fair trial, unconstitutional statute)
NOT reconsideration of guilt/innocence
Error must have affected outcome
If issue is not raised during trial, appeal may be denied
Panel of judges (3), not a jury
May only review written briefs (could hear oral arguments)
Findings: substantial error/unconstitutional law; no error or law is constitutional; error, but did not affect the outcome
If error/unconstitutional, then back to lower court (new trial, dismiss charges, new sentence)

9. UNITED STATES SUPREME COURT
Highest Court
Jurisdiction
Cannot be over-ruled
Functions: judicial review; mediator between state disputes; mediator between US and foreign countries; legal opinions on federal government (e.g., FL ballot count)
Landmark cases – ruling on constitutional interpretations
Not required to hear cases – if SC refuses, no recourse (exceptions, though)
Only hears cases when all other appeals have been exhausted

10. UNITED STATES SUPREME COURT
Filtering process
Clerk review (meritorious cases go to justices)
4 or more of 9 agree that constitutional issue is raised, then send case for review
Issue Writ of Certiorari (order to lower court) to forward record
Review trial record and may terminate review at this point
Could request written briefs re: constitutional issue (brief and rebuttal by attorneys)
May decide case deserves a hearing – oral arguments (confined to constitutional issue at hand)
Per Curiam or written opinion

11. UNITED STATES SUPREME COURT
Decision options
Affirm ruling of lower court(s) - ~75%
Reverse and remand (~25%)
Reverse and remanded does not mean NG – conviction is vacated, and lower court must remedy the error
Might re-try case
Might alter sentence
Might drop the case

12. STATE COURTS Each state is autonomous
Try defendants charged with violation of state law/constitution
Criminal trials – small percent of court’s activities

13. STATE COURTS: SPECIAL COURTS
Limited jurisdiction
No record of trials
Appeals involve new trial
Examples: traffic, small claims

14. STATE COURTS: GENERAL JURISDICTION
Trial courts of original jurisdiction
Traffic violations to murder – wide range
Full record of all cases
Appeals usually are initiated from here
Called district courts, courts of common pleas, superior courts

15. STATE COURTS: APPELLATE
No original jurisdiction (no guilt/NG determination)
Review judicial error
Due process, civil rights, federal and state constitutional questions

16. STATE COURTS: LAST RESORT
State Supreme Courts
5-9 judges, varies by state
Similar to USSC
Select number of cases (no requirement to hear appeals)
Affirm or reverse and remand
Only will hear cases after all appeals have been exhausted