Unit 1 Part 2
THE COURT SYSTEM AND ADR
WARM-UP 9-17

Using the “Steps in a Typical Mediation
Session” handout, write down questions you
can use at each stage in the mediation process
to get the parties to talk.
THREE LITTLE PIGS GO TO MEDIATION

During video-write down what Wise Old Owl
does at each step of the mediation process.
THREE LITTLE PIGS GO TO MEDIATION
DO YOU AGREE?

It is better that ten guilty persons go free than
that one innocent person suffer conviction.
ANSWER
Should a lawyer in a criminal case defend a client
he or she knows is guilty? Would you defend
someone you knew was guilty?
TRIAL COURTS
Listen to testimony
 Consider evidence
 Decide the facts in disputed situations

TRIAL COURTS
Two parties:
 Plaintiff (civil case): person bringing lawsuit
 Prosecutor (criminal case): state or government
begins the case
 Defendant: Responds to the plaintiff or
prosecutor
ADVERSARIAL SYSTEM
U.S. trial system is adversarial
 Theory is that trier of fact (judge or jury) can
determine truth if opposing parties present
best arguments and how weaknesses in other
side’s case.

ROLE OF JUDGES
Protect rights of all parties
 Make sure attorneys follow rules of evidence
and procedure
 In cases without a jury, judge decides on the
facts of the case and makes a judgment.
 Jury trials: judge instructs jury on law.
 Sentencing: In most states, judge sentences
criminals who have been convicted

JURY TRIALS
Guaranteed by 6th Amendment (criminal cases)
and 7th Amendment (civil cases in fed courts)
 Civil cases: Plaintiff or Defendant may request
jury
 Criminal cases: Defendant decides whether
there will be jury.

JURY TRIALS
Civil cases: Most settled out of court or decided
in trial by judge
 Criminal cases: Most never brought to trial.
Plea bargain, a pretrial agreement, between
the prosecutor and defendant disposes of case.

JURY SELECTION
Jurors are screened through a process known
as voir dire.
 Opposing lawyers ask prospective jurors
questions to discover prejudices or
preconceived opinions concerning the case.
 After questioning each juror, attorneys can
request the removal of jurors who appear
unable to render a fair/impartial verdict

JUROR SELECTION
This is known as removal for cause.
 Each attorney is allowed a limited number of
peremptory challenges, which means they can
have prospective jurors removed without
stating a cause.

WARM-UP 9-21
Why might a lawyer not want a prospective juror
on a case?
 What do judges do in jury trials?
 What is the difference between a plaintiff and a
prosecutor?
 What is the meaning of life?

WARM-UP 9-26
Look at the opinion you picked up on the way
in.
 Who wrote the main opinion of the Court?
 Where is concurring opinion?
 Find the dissenting opinion? What do you think
that is? (Don’t tell them the answer, Chase. No,
really, don’t. Warning.)

APPEALS COURTS
Lawyers appear before judges to make legal
arguments.
 No juries, no witnesses, no new evidence.
 One party asks court to review trial court
decision and other party argues in favor of trial
court decision.
 Typically decided by a panel of judges.

APPEALS COURTS
Appeals courts decide cases and issue written
opinions. A written opinion sets a precedent for
similar cases in the future.
 All lower courts in that jurisdiction must follow
the precedent. Higher courts can reverse or
change the precedent.

OPINIONS
Majority opinion: decision of the court
 Dissenting opinion: judges who disagree state
reasons for disagreement
 Concurring opinion: judges who agree with
majority’s outcome but for different reasons
that those used by majority.

STATE AND FEDERAL COURTS
See handout. Similar structure of
state/federal systems.
 Both have trial courts and appeals courts. The
court of final appeal for both is the U.S.
Supreme Court.
 See federal judicial circuits p. 55

STATE COURTS-Typically: family, traffic, criminal,
probate, small claims, etc.
 FED COURTS-Handle criminal, civil, variety of
things falling under federal law

WARM-UP
What kinds of cases do appeals courts hear?
 What is an adversarial system?
 What do you write if you are a justice who
disagrees with the majority’s opinion?

CASE STUDY INSTRUCTIONS
Read your part. 1’s explain your part to the
group first. 2’s next. 3’s next. Be sure all of
you have a thorough understanding of the your
case.
 Then, I will join you with another group who will
explain their case to you.
 Then you will go back to your group of 3 for a
little game.

WRITING PRACTICE
You have a criminal client who has been
charged with a crime. Explain to him/her the
trial process (including what the options are if
she loses). Also explain options other than
going to trial.
 How are juries selected? Explain.

GOOD ANSWERS-POINT VALUES ARE SAMPLES
Points
10
Superior Answer is thorough, accurate, and
complete. Uses examples,
supporting details, and/or
provides alternative viewpoints.
8
Good
5
Needs Answer is incomplete and/or
improve information contained is partially
ment
inaccurate.
0
Unaccep Not attempted, not enough written
table
to get credit, or response is
Answer is accurate but may be
somewhat incomplete.
TRIAL PROCESS QUESTION
Step by step
 Explain a step in the trial process. Tell what
happens at that step. Try to include extra
details/examples and shoot for a superior
answer. What might be some extra details?
 Next step ,etc.

JURY TRIAL QUESTION
Begin with an overview of the process.
Elaborate on this with additional
details/examples.
 Next explain what removal for cause is. Then
give details/examples.
 Next explain what peremptory challenges are.
Then give details/examples.
 Enjoy your good grade on the question.
