1. Chapter 5: The Court System

2. Trial Courts
Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations
In a CIVIL case the party bringing the case is called the plaintiff. In a CRIMINAL case the government serves as the prosecutor.

3. Trial Courts
Adversarial System: allows opposing parties to present their legal conflicts before an impartial judge or jury
Inquisitional System: a method for handling disputes in which the judge is active in questioning witnesses and controlling court processes

4. What does a Judge actually do??
Judges - preside over the trial - make sure the attorneys follow the rules - instructs the jury on the law - can sentence individuals

5. Juries Remember the 6th and 7th amendments?
To serve on jury you must….
Be a US citizen
At least 18 years old
Be a resident of the state
Be able to speak and understand English

6. Juries It is our DUTY to complete jury service.
Jury lists are complied from lists of registered voters and licensed drivers
Convicted felons are ineligible for jury service unless their rights have been restored.

7. Juries
Employers are required to give employees time off for jury service
Courts pay jurors a small stipend
One-day or One-trial Plan: Jurors must show up on the day they are called. If they are selected they must serve the duration of the trial

8. Juries
Voir Dire: the screening process in which opposing lawyers question perspective jurors to ensure as favorable or as fair a jury as possible
Removal for Cause: opposing attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict
Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race)

10. Appeals Courts
In an appeals court, one party presents arguments asking the court to review the decision of the trial court.
No juries, no witnesses, no new evidence
An appeal is only possible when there is a claim that the trial court committed an error in law: occurs when the judge makes a mistake as to the law in the case (ex: p.52)

11. Appeals Courts
Precedent: court decision that guides future cases with similar questions
Majority Opinion: states the decision of the court
Dissenting Opinion: written by judges who disagree with the majority opinion
Concurring Opinion: written by judges who agree with the majority opinion but for different reasons

12. US Supreme Court US Court of Appeals US District Court (trial courts)
Federal Court Systems
US Supreme Court US Court of Appeals US District Court (trial courts)

13. NC State Court System
NC Supreme Court NC Court of Appeals NC Superior Courts(felonies) NC District Courts (misdemeanors)

14. Federal Courts Congress has the power to create lower courts
70% of the cases filed in federal court each year are bankruptcy cases
Federal courts hear about 1 million cases each year

15. Tribal Courts
Indians still maintain some authority over their reservations.
Family relationships
Tribal membership
Law and order on the reservation
The federal court has the authority to hear felony cases committed on Indian reservations

16. The US Supreme Court 9 justices on the Supreme Court
All courts in the US must follow Supreme Court decisions
The majority of cases appealed to the Supreme Court come from prison inmates
The court often reverses earlier cases to reflect the changing view of society.

17. Supreme Court Process If the court decides to hear a case….
Both sides write briefs about how the case should be decided
Oral Arguments (each side gets 30 minutes to present their case)
The justices meet in secrecy to decide the case and write opinions

18. Supreme Court Term: from Oct-June
Justices are nominated by the President and confirmed/approved by the Senate
Justice are appointed for life

19. Supreme Court Justices
John Roberts
(Chief Justice) (2005)
Anthony Kennedy
(1988)
Clarence Thomas
(1991)
Antonin Scalia
(1986)
Samuel Alito Jr.
(2006)
Ruth Bader Ginsburg
(1993)
Stephen Breyer
(1994)
Sonia Sotomayer
(2009)
Elena Kagan
(2010)

20. International Courts
International Court of Justice: set up by the UN, settles disputes based on international law
International Criminal Court: tries individuals for crimes against humanity, war crimes, genocide (US does not approve)

21. Chapter 6: Lawyers

22. Lawyers
Lawyers = attorney
Trial Lawyers are called litigators

23. When do you need a lawyer?
Seeing a lawyer does not mean you are in trouble…sometimes you can consult a lawyer before trouble arises…
Real estate
Divorce, adoption
Contracts
accidents

24. How do you find a lawyer? Ask for a recommendation
In 1977 the Supreme Court ruled lawyers could advertise
If you cannot afford a lawyer you may be eligible for free legal assistance (public defender)

25. What do you need to ask about fees?
How much does the lawyer charge per hour?
How often will you be billed?
Retainer: a down payment on the total fee
Contingency fee: not per hour or lump sum; a percentage of whatever amount the client wins or settles for in the case (usually 1/3)

26. Working with your Lawyer
You must be able to TRUST your attorney
Attorney-Client Privilege: whatever you tell your attorney about your case is private and confidential
Attorneys will give you advice, but YOU must make the final decisions.
Legal Malpractice: the type of lawsuit brought against a lawyer for loss or injury to the client caused by the lawyer’s error or failure to meet acceptable standards of practice for the legal profession