1. Trial
Courts

2. Why Do I Need to Know This?
Because if you ever are arrested for a crime, your case will begin in a trial court.
Because if you ever need to sue someone for money, your case will begin in a trial court.
Because only the trial court can determine the issues of fact in the case.

4. Trial Courts Listen to testimony, consider evidence, decide facts
2 parties: Plaintiff/Prosecutor v. Defendant
Evidence provided by witnesses
Once trial court decision is made, losing party may appeal to an appellate, or appeals, court ONLY IF an “error of law” was allegedly committed
Procedural or Constitutional error
Accuser in Civil
Accuser in Criminal

5. Two Main Court Systems
Adversarial
Inquisitional

6. Adversarial
Inquisitional

7. Inquisitional Court System
Used in European countries
THEORY: Judge will be able to determine truth by actively questioning witnesses & controlling court process, including the gathering & presenting of evidence
Ex: Judge Judy…
Lower “court” that uses the inquisitional system

8. Adversarial Court System
Used by the United States Contest between opposing sides, or adversaries THEORY: Judge/Jury will be able to determine truth if each side presents their best arguments & expose weaknesses of opponent Decision made by judge or jury based on evidence presented

9. Criticism of the Adversarial System
Critics claim…
Not the best method for discovering truth w/ regards to facts
Lawyers act as enemies, making every effort NOT to present ALL evidence
Goal is victory, NOT truth or justice
Supporters claim…
Approaching same set of facts
from two different perspectives
will uncover more truth than
other systems

10. Judges Presides over trial Acts like a “referee” for the trial
Protects rights of those involved
Makes sure rules of evidence are followed
Determines facts of the case & renders judgment (NONJURY TRIAL ONLY)
Instructs jury
Sentences convicted criminals

11. Jury Selection

12. Juries 6th Amendment = Right to trial by jury
7th Amendment = Right to trial by jury in civil cases at the federal level
Juries not used as often as you’d think…
Criminal cases  defendant decides whether or not to have jury
Many criminal cases never brought to trial (plea bargains)
Civil cases  many result in out-of-court settlements or bench trials
6-12 Persons
Federal criminal cases require 12
Require unanimous verdict in criminal cases

13. Jury Duty Must be… A US citizen At least 18
Able to speak and understand English
A resident of the applicable state

14. Jury Selection
Voir dire examination: Potential jurors questioned by both sides to determine which ones best fit their case
Peremptory challenge: Certain #, pre-determined, that can be dismissed without giving reason
Much research goes into this
Removal for cause: Asking for a juror to be dismissed b/c he or she is “incapable of rendering a fair and impartial verdict”