1. STREET LAW CHAPTER 1 COURTS P. 41-58

2. 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

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

4. 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

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

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

7. 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

8. 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

9. 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

10. 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

11. 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)

12. 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