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The Court System: Structure, Roles, and Procedures

Learn about the court system in the United States, including trial courts, appellate courts, federal and state courts, jury trials, appeals process, and the role of the U.S. Supreme Court.

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The Court System: Structure, Roles, and Procedures

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  1. Chapter 5 “The Court System”

  2. The Court System • Each state has its own court system • System of federal courts • Each has trial and appeals courts • Highest Court-Supreme Court • Hears appeals from other courts

  3. Trial Courts • Trial courts: used in every state • Evidence-provided by witnesses-witnesses called to testify in the case • Trial-two sides (parties) to each case • Civil trial-plaintiff brings legal action to court • Criminal trial-govt. serves as the prosecutor • Civil and criminal-defendant responds to prosecutor or plaintiff • trial court-makes decision---losing party may be able to appeal to an appellate court • U.S. system: adversary system

  4. Trial courts… • Judges role in inquisitional system: • Order witnesses to appear • Order to conduct searches • Present and comment on evidence • Take the lead role in trying to uncover the truth -adversary process: *all of the above are left to competing parties *final decision is made by judge or jury based on arguments and evidence *pg. 47 “FYI”---allegations, motion, rebuttal argument (presentation of facts to a court, demonstrating that the testimony of a witness or evidence presented by the opposing party is not true), hung jury

  5. Trial Courts… • Judge presides over trial • Makes sure attorneys follow rules of evidence and trial procedures • Non-jury: determines facts of case and places judgment • Jury trial-judge instructs jury • Criminal trials-judge sentences individuals

  6. Trial Courts… • Sixth and Seventh Amendment: • Right to trial by jury • Applies to federal and state courts • Jury not required in every case • Civil case-either the plaintiff or defendant may request jury trial • Criminal case-defendant decides jury trial or not • Civil cases-many result in an out-of-court settlement or trials by a judge • Criminal cases-plea bargaining-if defendant decides to plead guilty, the prosecutor agrees to charge the defendant with a lesser crime

  7. Trial Courts… • Jury trial-jury selected (to decide facts) • To serve: • U.S. citizen (one of our duties) • 18 years old • Resident of the state in which you are serving • Convicted felons are usually ineligible *once selected: assigned to specific cases after being screened *voir dire: opposing attorneys may request removal of any juror who does not appear capable of fair and impartial verdict (removal for cause) *attorneys may remove potential juror for peremptory challenges

  8. Appeals Courts • One party argues for different decision than lower court made • Other party argues to keep decision of lower court • No juries or witnesses, no new evidence • Not everyone can appeal • Only lawyers appear before judge • Error of law • Issues a written opinion-sets precedent • Appellate court-heard by more than 1 judge (justices)---Supreme Court -9

  9. Appeals… • When judges disagree-two or more written opinions may be issued • Majority opinion-sets decision • Dissenting opinion---states reasons for disagreement • Concurring opinion

  10. Federal and State Courts • Federal courts-hear criminal and civil cases involving federal laws • Hear cases involving parties fromdifferent states when the amount of dispute is more than $75,000 • U.S. District courts---lose a trial in District Court-appeal to U.S. circuit court of appeals • U.S.---13 circuit courts

  11. Federal and State… • All states have trial courts-specialized to deal w/ specific legal areas: (family, traffic, criminal, probate, small claims) • Superior • County • District • Municipal *juvenile cases may be heard in a special juvenile court *criminal court-divided between felony and misdemeanor cases *probate courts-cases involving wills and claims against estates of person who die w/ or w/out a will *small claims-cases involving small amounts of money-may come w/out lawyers-fees are low *each state’s highest court has the final say on interpretation of state laws and the state constitution

  12. Tribal Courts • Native American tribes govern reservations • No longer possess complete authority over their reservations • Inherent powers: regulate family relationships, tribal membership, law and order on the reservation • Delegated power-Congress grants in a certain area • Tribal court systems-justice systems-criminal and civil cases (both Native Am. And non-native) • Both federal law and tribal law determine jurisdiction • Criminal-federal law gives federal courts jurisdiction over many felonies committed by Native Americans on the reservation • Criminal sentencing in tribal courts: limited to imprisonment for no longer than one year and fine no more the $5000 • Some only handle minor offenses

  13. The U.S. Supreme Court • Most important precedents are handled • 9 justices hear case-majority rules • All courts in U.S. follow SC decisions • Laws changed in SC • Does not hear all appeals (8,000 cases/only 80 written opinions) • Over ½ come from inmates • Petitions for certiorari-reviewed by SC • May approve or deny any application---very few granted • Decides to grant a petition when there is a difference of opinion among lower courts • Takes cases that deals w/ national policy (rights)

  14. Supreme Court • Party who appeals to Supreme Court: • Losing party in appellate court • Request in writing to be heard • why the case should be heard • Party who won also sends a briefing stating why case should not be heard • Party appealing needs 4/9 justices to agree to hear the case

  15. Supreme Court… • Court decides to hear case: • Parties write briefs on how the case should be decided • Oral argument is scheduled • Each side has 30 min. To present case to justices • Justices ask questions to lawyers • Justices meet in private conference • Opinion drafting begins

  16. S.C. • Courts term: • 1st Monday of each October-term starts • Final decisions-handed down at end of June of the following calendar year • More than ½ of the cases argued before the Court, lower court opinion is reversed • Nominated by President-confirmed by Senate • Interpret meaning of Constitution and federal laws • Court’s opinions are released in written form-must be followed by lower courts • Appointed for life • Due process of law-must follow • Cases death penalty, abortion, civil rights • Criteria for justices: demonstrated experience, intelligent, integrity, good moral character • Have power to reverse rules of law established in prior cases

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