Chapter 5




Learn the key differences between trial and
appellate courts
Understand the differences between adversary
and inquisitional judicial systems
Be able to describe and diagram the structure
of state and federal court systems
Understand how and when the Supreme Court
of the United States will hear a case





U.S. system is adversarial—a contest between
opposing sides with the judge as a neutral
“referee”
Many countries use an inquisitional system—
the judge is much more active
Judges in inquisitional systems may order
witnesses to appear, conduct searches, and
present and comment on evidence
Adversarial system—”victory, not absolute
truth”
Inquisitional system—truth is the ultimate goal

Page 48 problem 5.1 a-c






Jury trials are guaranteed in criminal
cases under the Sixth Amendment to the
Constitution
Jury trials in civil cases are guaranteed
in federal courts under the Seventh
Amendment
Must be requested or it can be waived
Jurors—must be 18, read and write
English, U.S. citizen, and live in the state
Removal for cause vs. peremptory
challenge
Study the “Steps in a Trial” box on p. 47
… we will follow this outline for the
mock trial project

Page 49 Problem 5.2 a-e





Trial courts hear evidence
(documents, witnesses) and
decide initial result.
Judge or jury may decide
Appellate courts do not hear
direct evidence; they review the
record of the lower court to
determine if a “reversible”
(harmful) error has occurred
Usually an error of law that was
likely to affect the outcome
Appellate court decisions become
precedents for future cases






Most state court systems follow a similar
structure to the federal courts
Local trial courts (district courts, county courts,
municipal courts, etc.)
Often have specialized jurisdiction (family
courts, probate courts, etc.)
Intermediate appellate courts
State Supreme Court
Some states separate civil and criminal court
systems; others do not

Page 58 Problem 5.4 a-d




Nine justices—lifetime
appointment … why?
Hears about 1% of all cases it is
asked to review (about 100 per
year)
Petition for writ of certiorari—
asks the Court to review a case
Usually only hears the most
important cases involving issues
of constitutional law, or when
circuit courts are split on an issue

Page 59 Problem a-b






What are the three levels of the federal court
system?
Which type of court hears witnesses and often has
a jury decide the outcome?
Does the U.S. use an inquisitional or an adversarial
system?
What is one criticism of the adversarial system?
About what percentage of cases it is asked to
review does the U.S. Supreme Court actually hear?
What are the key reasons why federal court judges
are appointed to serve “on good behavior?”