Ch 5 -The Court System
Trial Courts
Appeals Courts
State and Federal Court Systems
Tribal Courts
Supreme Courts
International Courts
Levels of the Court System
Supreme Court - Federal
Appeals Court
Federal Trial Court
Supreme Court - State
Appeals Court
Trial Court
New Terms
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Trial Courts
Parties
Plaintiff
Prosecutor
Defendant
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Adversarial System
Inquisitional System
Plea Bargain
Voir Dire
Removal for Just Cause
Peremptory Challenges
Trial Courts
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Listen to testimony, consider evidence, and
decide the facts in dispute
Adversarial System: a contest between
opposing sides (adversaries). The judge or
jury try to determine the truth after both
sides present their side
Europe operates an inquisitional system in which the judge is active in
questioning witnesses and controlling the court process (including
gathering and presenting evidence)
***Examples: Traffic Court, Mason County Court, Drug cases, Robbery
Cases, Murder Cases
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Job of a Jury
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Impartial Jury
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During the Trial
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No bias either way
Will consider only the facts presented
Listen closely to ALL the evidence
Weigh the differences presented
Deliberation
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Determine if the DEFENDANT is guilty of
the crimes he/she is being charged with
beyond a REASONABLE DOUBT
Trial Court (cont)
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Judge
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presides over the trial and has the duty of protecting the rights of those involved
may determine facts and render judgment (in non-jury trials)
instructs the jury as to the law
sentences those convicted of committing crimes
Jury
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both federal and state courts
both criminal and civil cases
jury of peers
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chosen by lawyers
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plea bargain
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Be a citizen, be 18 years or older, be able to speak English and be a resident of the state
“Voir Dire”, removal for cause, peremptory challenges
Lawyers
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present their case
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Prosecution: for the state, try to prove defendant is guilty of the crime
Defense: for the defendant, try to show ‘reasonable doubt’ as to guilt of their client
Taking a Car by Mistake
Joe Harper left the key in his 2002 blue sports utility vehicle while he
ran an errand. When he came back an hour late, he got into
someone else’s blue SUV by mistake. This car also had the key in
the ignition. Harper, who did not notice it was a different car,
started it and drove away. He was arrested for auto theft as a
result of his mistake.
At the trial, the judge told the jury it was not necessary to them to
consider whether Harper intended to steal the car. Instead, the
judge instructed the jury that to find Harper guilty of auto theft,
they only had to decide whether he was caught driving a car that
was not his. Using these guidelines, the jury found Joe Harper
guilty.
This case illustrates an error of law that could be appealed. Auto theft law
requires that the accused person must have intended to steal the car.
Since Harper did not intend to steal the car, the guilty verdict could be
reversed by an appellate court.
Trial Court (cont)
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Judge
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presides over the trial and has the duty of protecting the rights of those involved
may determine facts and render judgment (in non-jury trials)
instructs the jury as to the law
sentences those convicted of committing crimes
Jury
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both federal and state courts
both criminal and civil cases
jury of peers
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chosen by lawyers
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plea bargain
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Be a citizen, be 18 years or older, be able to speak English and be a resident of the state
“Voir Dire”, removal for cause, peremptory challenges
Lawyers
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present their case
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Prosecution: for the state, try to prove defendant is guilty of the crime
Defense: for the defendant, try to show ‘reasonable doubt’ as to guilt of their client
Steps in a Trial
1.
2.
3.
4.
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10.
Opening Statement by Plaintiff or Prosecutor (PR)
Opening Statement by Defense (D)
Direct Examination by PR (call witnesses)
Cross-Examination by D
Direct Examination by D (call witnesses)
Cross- Examination by PR
Closing Statement by PR
Closing Statement by D
Jury Instructions > Jury Deliberation
Verdict
6th Amendment Guarantees
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Speedy Trial
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No undue delay (90 days in WA)
Fair/Public Trial
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Jury
Lawyer/Counsel
Know the Charges Against You
Present Evidence
Face your accuser
Appeals Courts
(misapplication of the law)
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A place to seek review of the trial court
No juries or witnesses
No new evidence
Panel of 3 or more judges
Cause for Appeal
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Error of Law – the law was somehow misapplied or unfairly applied
Constitutional Rights were denied
Ruling
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Majority Opinion: states the decision of the court and the reasons
Dissenting Opinion: states the reasons for disagreement with the majority
opinion
may become the basis for future challenges
Concurring Opinion: states agreement with the majority, but for different
reasons
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***Examples: Appeal because your rights were not read to you
Appeal because the judge did not allow evidence in court
Appeal because penalty was too severe
State and Federal
Court Systems
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State courts resemble Federal Courts
Superior, County, District or Municipal
Different types of courts (criminal, civil,
small claims, probate, traffic, juvenile
If you lose, you can appeal up the court
system
Supreme Court: highest in the land
Inferior Courts: created by Congress
94 District Courts in 12 Regional Circuits
Specialized Courts (military, tax,
territorial, regulatory, claims,
international courts, District of Columbia
courts)
State Supreme Courts
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Hears appeals from cases of lower courts
Often times, based on constitutional
challenges
Rulings: Majority, Dissenting, Concurring
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Majority Opinion: states the decision of the court and the
reasons
Dissenting Opinion: states the reasons for disagreement
with the majority opinion
 may become the basis for future challenges
Concurring Opinion: states agreement with the majority,
but for different reasons
***Examples: Appealed because lawyers did not present adequate
defense
Appealed because the police mishandled the evidence
State or Federal Courts?
Decide whether the case will be tried in a state or federal court
A.
B.
C.
D.
E.
A state sues a neighboring state for dumping waste
in a river that borders both states.
A wife sued her husband for divorce.
A person is prosecuted for assaulting a neighbor.
Two cars collide. One driver sues the other for
hospital bills and auto repairs.
A group of parents sued the local school board,
asking that their children’s school be desegregated.
The Supreme Court of the US
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9 Justices
All other courts must follow Supreme Court precedent
Accept a small number of those brought to the court
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Writ of Certiorari - method to appeal to the Supreme Court
Rule of Four - 4 of 9 Justices must agreed to hear the case
Briefs (by lawyers involved, amicus briefs)
8000 appealed – about 200 heard - 80 ruled upon
Most cases have a constitutional issue at stake
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Each side gets 60 minutes to present their argument
Justices can ask questions
“Stare Decisis” – to stand by that which is decided
Controversial cases often decided in Supreme Court (Death Penalty, Abortion,
Freedom of Speech, Civil Rights)
***Examples: Constitutional Challenges (95%)
Gideon v. Wainwright
In 1963, a case called Gideon v. Wainwright came before the US Supreme
Court. In this case, a Florida man named Clarence Gideon was charged
with unlawful breaking and entering into a poolroom. Gideon asked the
trial court to provide him with a free lawyer because he was too poor to
hire one himself. The state court refused to provide him with an attorney.
It said that state law provided free attorneys only to defendants charged
with capital offenses (those crimes that carry a penalty of death or life
imprisonment).
The 14th Amendment to the US Constitution says that no state may deprive a
person of life, liberty, or property without DUE PROCESS OF LAW. Due
Process means fair treatment. Gideon argued that to try someone for a
felony without providing him with a lawyer violated the person’s right to
due process of law. The Supreme Court agreed with Gideon. His
conviction was overturned.
Gideon v. Wainwright
QUESTIONS:
1)
2)
3)
4)
In the case of Gideon v. Wainwright, what was the precedent
that the Supreme Court set? Who has to follow that
precedent?
Who would have to follow the precedent if the case had been
decided by a judge in a state appeals court?
Does the Gideon case apply if you are charged with a
misdemeanor? Does it apply if you are sued in a civil case?
Do you know of other precedents established by the US
Supreme Court? What are they
Tribal Courts
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Reservations/Tribes have their own legal systems
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Inherent Powers: to regulate family, tribal and other legal
matters on the reservation
Federal law gives jurisdiction over felonies, so most tribal
courts only deal in minor crimes
Tribal authority does not extend over non-Native Americans
who committed crimes on the reservation
International Courts
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Apply and enforce international law
Operates outside of the US court system
Set up by the United Nations
US opposed because they feared it might put
US citizens (especially soldiers) on trial for
political reasons
Cases between countries, cases between a
citizen of one country and a citizen of another
country, cases between a person and a
country other than their own
Judicial Independence
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A major concept in the US legal system is
judicial independence.
The Judge must remain neutral. Their
actions are to ensure the fairness of the trial
and to protect the rights of those involved
The Jury must remain neutral. They are to
listen to the facts presented during the trial
and make a decision based on the law.
If either does not remain neutral, the entire
system is in question.
Independent Courts
(p. 58)
Do these actions violate judicial independence? WHY?
1)
2)
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6)
Judge Eric Donovan’s decision in an abortion case is criticized in a local
newspaper editorial.
Marsha Monroe is running for election to be a judge on her state’s supreme
court. She gets a donation ($5000) from a large corporation.
Some US senators are unhappy with the decisions of US District Judge Marion
Jones, who has ruled that the death penalty can never be used again in her
jurisdiction because she believes the death penalty is wrong. The senators call
for Judge Jones to resign.
Judge Max Kaufman presides over a case involving a corporation. A distant
cousin of his is employed by that corporation and is a witness for the
corporation at trial. Judge Kaufman rules for the corporation.
Judge Maureen Kim is running for reelection and knows that crime is a big issue
with the voters in her state. In the months just before the election, she hands
down some unusually long sentences for drug offenses.
Arnold Swartz is running for election as a county judge. He campaigns that he
will never make a ruling in a case that takes money away from the education of
children in the county.
Essay Questions
Do 2 of the 3 essays
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What types of cases does the United States
Supreme Court mostly hear? How does a case
reach the Supreme Court?
What is Judicial Independence and why is it SO
IMPORTANT to the system of law in the US?
Tom Smith has been a bad neighbor. He
doesn’t keep up his yard. In fact, he throws
trash into the yards of his neighbors. His
neighbors are suing him. The judge orders
arbitration/mediation. Explain the process Mr.
Smith and his neighbors would go through in
this process.
Quick Review
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Ch 4 -Methods of Resolving Disputes
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Negotiations
Arbitration
Court Action
Informal Talks
Mediation
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Ombudsperson
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Ch 5 - The Court System
VOCABULARY
Adversarial System
Arbitration
Error in Law
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Levels of Courts
Steps in a Trial
Mediator
Negotiations
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Types of Courts
Ombudsperson
Petition for Certiorari
Settlement
Trial Courts
Voir Dire
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