Chapter 5:
The Court System
1
Trial Courts
• Trial courts listen to testimony, consider
evidence, and decide the facts in disputes.
• There are 2 parties in a trial:
– The plaintiff brings the legal action. (In a
criminal case, the government initiates the case
and serves as the prosecutor.)
– The defendant responds to the legal action.
2
Trial by Jury
• The right to trial by jury is guaranteed by
the 6th and 7th Amendments.
– This right applies at federal and state levels.
• Juries are not required in every case.
– In a civil case, the plaintiff or the defendant can
request a jury.
– In a criminal case, the defendant decides
whether there will be a jury.
3
Jury Selection
• Once a jury has been selected, jurors will be
assigned to specific cases through a process
called voir dire examination.
– Attorneys will attempt to discover any
prejudices that potential jurors may have.
– Attorneys may request the removal of any juror
who appears incapable of rendering a fair or
impartial verdict (removal for cause).
– Attorneys may also remove a limited number of
jurors without cause (peremptory challenge).
4
Appeals Courts
• In an appeals court, one party presents
arguments asking the court to change the
decision of the trial court.
• There are no juries or witnesses, and no new
evidence is presented.
• Not everyone who loses a trial can appeal.
– Appeals usually occur when there is a claim
that the trial court has committed an error of
law.
5
Appeals Courts
• When an appeals court decides a case, it
issues a written opinion which sets a
precedent for similar cases in the future.
• Appellate court cases are usually heard by
three judges instead of just one.
– If all the judges do not agree on a ruling, the
majority opinion becomes the court’s decision.
– Judges who disagree with the majority decision
may issue a dissenting opinion giving their
reasons.
6
Federal Courts
• Federal courts hear:
– Criminal and civil cases involving federal law.
– Cases involving parties from different states
when the amount in dispute is greater than
$75,000.
• The final court of appeal is the U.S.
Supreme Court.
7
State Courts
• All states have trial courts called superior,
county, district, or municipal courts
depending on the state.
• State trial courts are often specialized to
deal with specific areas such as traffic,
small claims, criminal, and family.
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State Courts
• If you lose in trial court, you may appeal to
an intermediate court of appeals or directly
to the state supreme court.
• Each state’s highest court has the final say
on interpretation of state laws and the state
constitution.
– Only if a case involves federal law or federal
constitutional issues can it be appealed to the
U.S. Supreme Court.
9
U.S. Supreme Court
• All courts in the U.S. must follow U.S. Supreme
Court decisions.
• The Supreme Court does NOT have to consider all
cases appealed to it.
• The nine U.S. Supreme Court justices are appointed
by the President and confirmed by the Senate.
• The Supreme Court has the power to reverse rules of
law established in prior cases if the same issue
comes before it again in a new case.
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11
U.S. Supreme Court
U.S. Circuit Court
of Appeals
State Supreme
Court
Intermediate Court
of Appeals
U.S. District Court
Municipal or
County Court
12
• The Court System Song
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