• Trial courts listen to testimony, consider evidence, and decide the facts in disputed situations
• Evidence is provided by witnesses who are called to testify in the case

• In a trial court there are two parties
• In a civil trial, the party who brings the legal action is called the plaintiff
• In a criminal trial, the government(state or federal) initiates the case and serves as the prosecutor
• In both civil and criminal trials, the party responding to the plaintiff or prosecutor is called the defendant

• This system is used in the United States
• This means that there is a contest between the opposing sides, or adversaries
• The theory is that the Judge or jury will be able to determine the truth based on the opposing arguments.
• The side who is able to show weakness in the other side’s case usually win

• This is used in some European countries
• In this system, the judge is active in questioning the witnesses and controlling the court process, including gathering and presenting evidence.
• These judges can order witnesses to appear, conduct searches, present and comment on evidence, and in general take the lead role in trying to uncover the truth

• They are an essential part of our legal system
• Judges preside over the trial and has the duty to protect the rights of those involved
• They make sure that the attorneys follow the rules of evidence and trial procedure
• In non-jury trials, the judge, determines that facts of the case and render a judgment.
• In jury trials the judge is required to instruct the jury as to the law involved in the case.

• The sixth amendment the US Constitution guarantees the right to the trial by jury in criminal cases.
• This right applies to both federal and state courts
• The seventh amendment guarantees a right to trial by jury in civil cases in federal court.
• In a civil case either the plaintiff or the defendant may request a jury

• To serve on a jury:
– You must be a US citizen
– At least 18 years old
– Able to speak and understand English
– A resident of the state
– Convicted felons are usually ineligible for jury service unless their civil rights have been restored

• Once selected jurors are assigned to specific cases after being screened through a process known as the Voir dire examination
– In this process, opposing lawyers question each perspective juror to discover any prejudices or preconceived opinions concerning the case.

• Any juror who appears incapable of rendering a fair and impartial verdict is removed
– Removal for cause
• Each attorney is allowed a limited number of peremptory challenges
– This is the ability to have a prospective juror removed without stating a cause

• In an appeals court, one party presents arguments asking the court to review the decision of the trial court
• The other party presents and argument supporting 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
• An appeal is only possible when there is an error of law
– This occurs when the judge makes a mistake as to the law applicable in the case

• When an appeals court decides a case, it issues a written opinion.
• This opinion sets precedent for similar cases to follow in the future
– Precedent sets the standard or serves as an example for lower courts to follow
• Judges who disagree with the majority opinion may write a dissenting opinion
• Judges who agree with the majority opinion may write a concurring opinion

• Plessey v. Ferguson
• Brown v. Board of Education

• State courts
– These are courts of general jurisdiction
– They hear cases that deal with state law as well as many areas in federal law.
• Federal courts
– These are courts of limited jurisdiction
– They hear criminal and civil cases involving federal law.
– They also hear some civil cases involving parties from different states when the amount in dispute is more than $75,000

– Federal courts are known as U.S District Courts
– The U.S has 94 district courts and 13 circuit court

• All States have trial courts
• They are called superior, county, district, or municipal courts, depending on the state
• They deal with specific legal like family, traffic, criminal, probate and small claims
• Criminal court is divided into felony and misdemeanor

• Article III of the U.S Constitution gives
Congress the power to create lower courts
– Congress has divided the country into 94 federal judicial districts, with each having a federal trial court
– Each district has a U.S Bankruptcy court
– Approximately 70 percent of the cases filed in federal court each year are bankruptcy cases

• Overall federal courts handle about 1,000,000 cases per year
• State courts handle about 30,000,000 cases per year
• There are roughly 1,700 federal judges and
30,000 state judges who decide these cases

• Several hundred Indian tribal groups govern reservations in the United States
• Some tribal powers that remain on the reservation are called inherent powers
– These are powers that regulate family relationships, tribal membership, and law and order.
• Some tribal powers that was granted by Congress are called delegated powers
– These are powers that allow environmental regulation

• Tribal courts can hear both civil and criminal cases for Native Americans on the reservation
• Tribal Court resemble the Anglo-American court system.
• However Tribal courts can not fine more than
$5000 or imprison for more than 1year.
• The Supreme court has ruled that Tribal courts can no long persecute crimes done by nonnative Americans on the reservation.

• The Supreme court of the US is the highest court in the land
• There are nine justices on the Supreme court
• Justices vote by a majority rule
• Of the 8000 cases appealed to the Supreme court, only about 80 are heard
– Only a few of these petitions for certiorari (a request of the lower court to send up its records) are granted by the Supreme court.

• If the party appealing( usually the loosing party) get 4 of the 9 justices to agree to hear the case then the petition for certiorari is granted
• Each side has 30 minutes to present their argument
• When there is a case involving the federal government, the solicitor general represents the US government.

• The court terms begins on the first Monday of each October
• In a typical year, 75 percent of cases heard are from the federal government and the remaining comes from the state court system
• Supreme court justices are nominated by the president and confirmed by the Senate.
• Supreme court justices are appointed for life

• Most of society most controversial cases have ended up before the Supreme court
– Death penalty, abortion, civil rights, etc
• The Supreme court has the power to reverse the ruling of previous supreme courts.