2. ● Each state has its own court system,
and the federal court system exists at
the national level.
-Both have trials and appeals courts
● Highest court Supreme COURT
- Hears appeals from the
other court systems.
-It's the court of the
final appeal
3. TRIAL COURTS
● Listen to testimony
● Decide the facts in disputed situations
● Consider evidence
-Provided by witnesses called to testify in the case
● There are two parties in a trial.
-Civil Trial: Plaintiff is the party bringing the legal action
-Criminal Trial: the state or federal government initiates
the case and serves as the Prosecutor
+In both trials, the party responding to the plaintiff
or prosecutor is the Defendant
● The losing parting may be able to appeal to an
appellate court after a decision is made.
4. ● Trial system in the U.S ADVERSARIAL SYSTEM
-Contest between opposite sides/adversaries.
-Purpose: Both parties present their best arguments,
show the weaknesses of the opposing party. Then the judge
determines the truth.
● INQUISITIONAL SYSTEM
-Judges play a more active role, or rather take the lead
role, since they present and comment on evidence, gather
the witnesses, conduct searches etc.
The adversarial process is sometimes criticized for its resemblance
to a battle. Critics say the goal is to win so lawyers, acting as
enemies, try not to present all the evidence for the sake of the case.
Despite its drawbacks, the counterargument is that by approaching
the facts from opposite perspectives more truth can be uncovered.
5. Judges:
-Presides over the trial
-Protect the right of those involved
-Make sure attorneys follow the rules of evidence and trial
procedure
-(Nonjury trials) Determines the facts of the case and renders a
judgement
-(Jury trials) Instructs the jury as to the law involved in the case
-(Criminal trials) In most states, they sentence individuals
convicted of committing crimes
● Sixth Amendment- Guarantees the right to trial by jury in criminal
cases. (Federal and State courts)
● Seventh Amendment- Guarantees a right to trial by jury in civil cases
in federal courts.
In civil cases, the defendant or the plaintiff may request a jury trial. In
criminal cases, the defendant decides if there will be a jury. But most
cases are never brought to trial. Instead, a PLEA BARGAIN, or pretrial
agreement between the prosecutor and the defendant and his/her lawyer,
disposes of the case without a trial.
6. Jury (When Jury trial is requested) :
- Determine the facts and apply the law in a particular case
-6 to 12 persons (federal criminal cases require 12)
-Verdicts for criminal cases require unanimity
Must be :
- a U.s. citizen -able to speak and understand english
-at least 18 years old -a resident of the state
As citizens it's our civic duty to serve on juries when called upon
-Exceptions: members of the clergy, attorneys, physicians, police officers,
firefighters, and those unable to due to mental/physical
disability, convicted felons (without their civil rights)
Prospective jurors go through a voir dire examination (lawyers determine any
prejudices/opinions regarding the case by asking questions.) the attorneys may
request the removal of any juror appearing incapable to render an impartial
verdict (Removal for cause). BUt the attorney is allowed a limited number of
peremptory challenges, (juror may be removed without stating a cause).
7. APPEALS COURTS
● One party presents arguments asking the court to review the
decision of the trial court
● There are no juries, witnesses, or new evidence presented. Only
the lawyers appear before the judge to make legal arguments.
● Only those who lost a trial claiming an error was made by the
court can appeal (ex.:The judge makes a mistake as to the law
applicable in the case or when the judge gives the wrong
instructions to the jury to permit evidence that should not be
allowed)
● A precedent is set when an appeals court issues a written opinion
or ruling
● A panel of judges usually consists of 3 or more judges
-9 justices hear cases argues before the Supreme Court.
● The majority opinion states the decisions of the court, judges who
disagree with this opinion may issue a separate document
-Dissenting opinion- states the reason for disagreement
-Concurring opinion- reasons different from those used to
support the majority opinion.
9. ●
State Courts
The United States has 94 districts courts and 13 circuit
courts.
● General jurisdiction
-Can hear cases that deal with state law as well as federal.
● All states have trials courts
-Called superior, county, district, or municipal courts
● Deal with specific types of legal issues
-family, traffic, criminal, probate and small claims courts
● Family or domestic relations courts hear actions involving
divorce, separation and child custody
● Probate court handle cases involving wills and claims
against the estates of persons who die with or without a will
● If you lose your case in the trial court you may be able to
appeal to an intermediate court or directly to the state's
highest court
10. FEDERAL COURTS (U.S. DISTRICT
COURTS
● Federal courts hear criminal and civil cases involving federal
law.
● There is a federal trial court in each district
● Congress divided the U.S. into 94 federal judicial district
● They have 2 judges, some have more than 20
● They handle more than 300,000 cases per year
● They handle about 1,000,000 bankruptcy petitions each year
● Federal court judges are appointed by the president and
confirmed by the senate.
● Removal of federal judges requires that congress follow formal
impeachment procedures
