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Chapter 5

Chapter 5. The Court System . The Court System. Trial Courts : listen to testimony, consider evidence, and decide the facts Evidence provided by witnesses Two parties Plaintiff : person bringing charges in a civil case Prosecutor : person bringing charges in a criminal case

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Chapter 5

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  1. Chapter 5 The Court System

  2. The Court System • Trial Courts: listen to testimony, consider evidence, and decide the facts • Evidence provided by witnesses • Two parties • Plaintiff: person bringing charges in a civil case • Prosecutor: person bringing charges in a criminal case • Defendant: person responding • Trial system in the U.S is an adversarialsystem • Contest between sides

  3. The Court System • Some European countries have an inquisitional system • The judge is active in questioning and controlling the court process.

  4. Problem 5.1/ Pg. 48 • Do you think the adversarial system is the best method for solving disputes? Why or why not? • Indicate whether you agree or disagree with the following statement: “It is better that ten guilty persons go free than that one innocent person suffer conviction.” • In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you?

  5. The Court System • Judges and juries are essential parts of our legal system • Judge has the duty of protecting the rights of those involved. • Judge makes sure the attorneys follow rules • Sentence individuals in criminal cases • The 6th Amendment guarantees the right to trial by jury in criminal cases. • Applies in both federal and state courts • The 7th Amendment guarantees a right to trial by jury in civil cases in federal courts.

  6. The Court System • Most cases are never brought to trial • Out-of-court settlements • Plea bargins

  7. Steps in a Trial • 1. Opening statement by plaintiff or prosecutor • 2. Opening statement by defense • 3. Direct examination by plaintiff or prosecutor • 4. Cross-examination by defense • 5. Motions • 6. Direct examination by defense • 7. Cross-examination by plaintiff or prosecutor • 8. Closing statement by plaintiff or prosecutor • 9. Closing statement by defense • 10. Rebuttal argument • 11. Jury instructions • 12. Verdict

  8. The Court System • Why is jury service necessary? • Employers are required to let their employees off for jury duty. • Voir dire: process by which opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case. • May request the removal of any juror who appears incapable of rendering a fair and impartial verdict. • Removal for cause • Peremptory challenges: removal without stating a cause.

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