1. Chapter 5
The Court System

2. Key Terms Removal for cause Trial courts Peremptory challenges Parties
Plaintiff
Prosecutor
Defendant
Juror
Adversarial system
Inquisition system
Plea bargain
Stare decisis
Voir dire
Removal for cause
Peremptory challenges
Appeals court
Error of law
Precedent
Dissenting opinion
Concurring opinion
Probate
Inherent powers
Delegated power
Petitions for certiorari

3. The Court System State Court System Federal Court System
Tribal Court System
Each has trial and appeals courts
Supreme Court of the U.S.
The highest court in the land
Hears appeals from other court systems.

4. Trial Courts Listen to testimony Consider evidence
Decide the facts in disputes
Two parties in a trial
Civil Trial – Plaintiff, the party bringing legal action
Criminal Trial – Gov’t initiates the case and serves as the prosecutor
Defendant – responding party
Losing party may appeal to appellate court

5. Trial Courts METHODS OF HANDLING DISPUTES
Adversarial system – contest between opposing sides
Judge or jury will be able to determine the truth
Inquisitional system (used by the Europeans) – judge questions the witness and controls the court process, include gathering and presenting evidence

6. Trials Courts Parts of the legal system
Judge and juries are essential parts:
Judge presides over the trial
Has duty to protect rights
Makes sure attorneys follow the rules and procedures
Non-jury trials – judge determines the facts and renders judgment
Jury trials – judge required to instruct jury as to the law
Criminal trials – judge sentences convicted individuals
Sixth Amendment – guarantees right to trial by jury in a criminal case (applies to both federal and state courts)
Seventh Amendment – guarantees a right to trial by jury in a civil case in federal courts

7. Trials Courts Parts of the legal system
Civil Case – plaintiff or defendant request a jury trial
Criminal Case – defendant decides if jury
Most cases are never brought to trial, they are disposed by a plea bargain (pre-trial agreement) between the prosecutor and defendant
To serve on jury:
U.S. Citizen
At least 18yrs old
Speak and understand English
Resident of the State
Duty to serve when called upon
Cannot be convicted felon

8. Trials Courts Juror process
Voir dire - Jurors are screened through an examination process
Opposing lawyers question each prosecutor’s jurors
Removal for cause – removal of juror who appears incapable of rendering fair and impartial verdict
Peremptory challenge – a limited number of juror removed without stating a cause.

9. Steps in a Trial (pg. 49) Plaintiff/Prosecutor opening statement
Defense opening statement
Direct Examination by plaintiff/prosecutor
Cross-examination by defense
Motions
Direct examinations by defense
Cross-examination by plaintiff/prosecutor
Closing statement by plaintiff/prosecutor
Closing statement by defense
Rebuttal argument
Jury instructions
Verdict - hung jury if unanimous decision is not reached, case may be tried again

10. Student Q&A problem 5.2
Has anyone in your family ever served on a jury? What type of case?
Why would someone choose not to have a jury trial in a civil case? How about a criminal case?
What are some reasons service members (clergy, attorneys, physicians, police officers, & convicted felons are excluded from jury service?
For what reasons might an attorney use a peremptory challenge?

11. Appeals Courts One party presents arguments No juries No witnesses
No new evidence presented
Only lawyers appear before judge
Appeal is only possible when trial court has committed an error of law (judge makes mistake)
Exp. Wrong instructions to jury / permits evidence not allowed.
Issues a precedent - courts “making law” – written opinion for all future cases

12. Appeals Courts
Decisions are made by a panel of judge/justices – 3 or more
Supreme Court – 9 justices
Majority opinion states decision
Dissenting opinion – when judges disagree with majority issue a separate document stating disagreement
Concurring opinion – judge agrees with majority, but for different reasons that do not support majority opinion.

13. State and Federal Court system
State Courts:
General jurisdiction
Hear cases that deal with state law
All states have trial courts called (superior, county, district or municipal courts)
Specialize in family, traffic, criminal, probate (provide genuine will), small claims court

14. Consider – Federal or State court
A state sues a neighboring state for dumping waste in a river that borders both states?
federal district court  appeals to U.S. Circuit Court of Appeals
A wife sues her husband for divorce.
state court  appeals to state’s court of appeals
A person prosecuted for assaulting a neighbor.
state criminal court  state court of appeals
A group of parents sue the local school board, asking that their children’s school be desegregated.
Federal district court since it involves US Constitution  state court as well --- also has authority to enforce US Constitution

15. State and Federal Court system
Limited jurisdiction
Hear criminal and civil cases involving federal law
Known as U.S. District Courts
If you lose, you may be able to appeal to U.S. Circuit Court of Appeals in your region
94 District Courts
13 Circuit Courts
Approx. 70% of cases are bankruptcy cases

16. State and Federal Court System
Supreme Court:
Final appeal court
Article III of U.S. Constitution gives congress the power to create lower courts

17. Tribal Courts Several hundred Indian Tribal courts govern reservations
No longer independent sovereigns
Inherent powers – powers that remain
Includes power to regulate family relationships
Tribal membership
Law & order on the reservation
Delegate power – Congress grants power to tribal group in certain area, such as environmental regulation.

18. Tribal Court System Most Native American groups have justice systems
Hear a broad rang of both criminal and civil cases
Traditional – show little influence of American culture
Both federal law and tribal law determine the jurisdiction of tribal courts.

19. The Supreme Court of U.S.
Most important legal precedents are established
9 justices hear cases, majority rule
All courts MUST follow Supreme Court decisions
Does not accept all appeals
About 80 cases/year written opinion
More than ½ cases come from inmates in prison

20. The Supreme Court of U.S.
Grants Petitions for Certiorari – request of lower court to send up its records. 99% requests are denied
Takes cases that deal with critical national policy issues
Court decisions are published in law books and internet
Has power to reverse rules of laws from prior cases
9 justices are nominated by President and confirmed by Senate
Justices are appointed for life

21. International Courts Setup by the UN & other organizations
1st and most important – International Court of Justice (World Court)
Located in the Peace Palace in The Hague, the Netherlands.
May settle any dispute base on int’l law that a country submits
UN set up special courts called tribunals
International Criminal Court – 1998 by UN

22. What to know: All the key terms What do civil and criminal courts do?
Know about tribal law and their court system
Difference between adversarial and inquisitional system
Juror process of selection, who can a juror.
Steps in a trial – in order
What courts hear federal and local cases -US Judicial court systems
Study your notes  Quiz on Friday!!!

23. End of Chapter 5