10912 BR Consider two things In many families

10/9/12 BR- Consider two things. . - In many families, issues or decisions are handled by one particular member or another (“money? Go ask your mother. ”) Why is that? - What is an adversary vs. an inquisitor (or what’s one of the differences between blackjack and poker? ) Today: Understanding Types of Courts -pick up quiz-corrections -register to vote

Check out a “Street Law Book” There are several sections in this book that you will be responsible for reading. This reading will be extremely helpful in preparing for the trial. - pp 46. - 60 (chart on p. 49, p. 53) - Pp. 100 -132 - Pp. 133 - 165 - Pp. 166 – 168**

Our Court System - The U. S. court system is an adversarial system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges. - Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc.

Important Terms: 1. 2. 3. 4. Plaintiff Prosecutor Defendant Voir dire 1. Removal for cause 2. Peremptory challenge 5. Precedent 6. Trial court 7. Appeals court 8. Petitions for certiorari 9. Litigator 10. State of mind 11. Mens rea 12. Actus rea 13. Causal link 14. Elements 15. motive 16. Felony 17. Misdemeanor 18. Principal 19. Accomplice 20. Accessory before the fact 21. Accessory after the fact 22. Crime of omission 23. Solicitation 24. Attempt 25. Conspiracy (through pp 107)

State and Federal Courts There is a completely separate court system in the U. S. that handles different types of cases. The State and Federal courts Both systems can end at the U. S. Supreme court

State/Local 1. Hears cases concerning state laws and local issues vs. Federal 1. Hears cases that involve federal law, affect the nation, or incidents between states Do you know the difference between a state and federal law?

1. There are lots of state, municipal, and local courts (Cook County, etc. ) 2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers. 3. These 94 District Courts are Federal Trial Courts. (page 53. In the red book) 4. There are 13 Circuits. These are Federal Courts of Appeals.

In both State and Federal systems. . There are trial courts and courts of appeals or “appellate courts. ” These courts serve two very different functions and are very different in how they operate. You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue. You CAN NOT appeal your case just because you lost.

Trial Court vs. Appeals 1. Trial Courts are 1. Appellatte courts “cases of fact. ” are “courts of They try to procedure. ” These determine what courts try to happened through determine if the trial process trial court did of argument and anything wrong presentation of evidence

Trial Court 2. Trial courts are called the “court of original jurisdiction. ” It means the place where the case was first heard 3. Lawyers use evidence and witnesses to prove their case vs. Appeals 2. All courts after the trial court are appelate courts 3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

Trial Court 4. Trial courts result in the person going free or going to jail (or appealing!) 5. Both sides can appeal vs. Appeals 4. Appellate courts can affirm the lower court’s decision (they got it right. ) or it can remand the case to the trial court with instructions Basically saying that you need to do the trial over and fix the problems.

Trial Court Case is decided by a judge or jury vs. Appeals Case is decided by a panel (3 -9) of judges who listen to the lawyer and ask questions.

U. S. Supreme Court This is the highest appellate court in the land. Each side speaks for approximately 1 hour. During this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech. Cases that start in state or federal court can end up here. State Supreme courts can send cases to the U. S. Supreme court. The Supreme court is concerned ONLY with cases that have Constitutional Significance