CHAPTER 5 THE COURT SYSTEM Trial Courts Trial

CHAPTER 5: THE COURT SYSTEM

Trial Courts Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations In a CIVIL case the party bringing the case is called the plaintiff. In a CRIMINAL case the government serves as the prosecutor.

Trial Courts Adversarial System: allows opposing parties to present their legal conflicts before an impartial judge or jury Inquisitional System: a method for handling disputes in which the judge is active in questioning witnesses and controlling court processes

What does a Judge actually do? ? Judges - preside over the trial - make sure the attorneys follow the rules - instructs the jury on the law - can sentence individuals

Juries Remember the 6 th and 7 th amendments? To serve on jury you must…. Be a US citizen At least 18 years old Be a resident of the state Be able to speak and understand English

Juries It is our DUTY to complete jury service. Jury lists are complied from lists of registered voters and licensed drivers Convicted felons are ineligible for jury service unless their rights have been restored.

Juries Employers are required to give employees time off for jury service Courts pay jurors a small stipend One-day or One-trial Plan: Jurors must show up on the day they are called. If they are selected they must serve the duration of the trial

Juries Voir Dire: the screening process in which opposing lawyers question perspective jurors to ensure as favorable or as fair a jury as possible Removal for Cause: opposing attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race)

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Appeals Courts In an appeals court, one party presents arguments asking the court to review the decision of the trial court. No juries, no witnesses, no new evidence An appeal is only possible when there is a claim that the trial court committed an error in law: occurs when the judge makes a mistake as to the law in the case (ex: p. 52)

Appeals Courts Precedent: court decision that guides future cases with similar questions Majority Opinion: states the decision of the court Dissenting Opinion: written by judges who disagree with the majority opinion Concurring Opinion: written by judges who agree with the majority opinion but for different reasons

Federal Court Systems US Supreme Court US Court of Appeals US District Court (trial courts)

NC State Court System NC Supreme Court NC Court of Appeals NC Superior Courts(felonies) NC District Courts (misdemeanors)

Federal Courts Congress has the power to create lower courts 70% of the cases filed in federal court each year are bankruptcy cases Federal courts hear about 1 million cases each year

Tribal Courts Indians still maintain some authority over their reservations. Family relationships Tribal membership Law and order on the reservation The federal court has the authority to hear felony cases committed on Indian reservations

The US Supreme Court 9 justices on the Supreme Court All courts in the US must follow Supreme Court decisions The majority of cases appealed to the Supreme Court come from prison inmates The court often reverses earlier cases to reflect the changing view of society.

Supreme Court Process If the court decides to hear a case…. Both sides write briefs about how the case should be decided Oral Arguments (each side gets 30 minutes to present their case) The justices meet in secrecy to decide the case and write opinions

Supreme Court Term: from Oct-June Justices are nominated by the President and confirmed/approved by the Senate Justice are appointed for life

Supreme Court Justices John Roberts (Chief Justice) (2005) Anthony Kennedy (1988) Samuel Alito Jr. (2006) Stephen Breyer (1994) Antonin Scalia (1986) Ruth Bader Ginsburg (1993) Clarence Thomas (1991) Sonia Sotomayer (2009) Elena Kagan (2010)

International Courts International Court of Justice: set up by the UN, settles disputes based on international law International Criminal Court: tries individuals for crimes against humanity, war crimes, genocide (US does not approve)

CHAPTER 6: LAWYERS

Lawyers = attorney Trial Lawyers are called litigators

When do you need a lawyer? Seeing a lawyer does not mean you are in trouble…sometimes you can consult a lawyer before trouble arises… Real estate Divorce, adoption Contracts accidents

How do you find a lawyer? Ask for a recommendation In 1977 the Supreme Court ruled lawyers could advertise If you cannot afford a lawyer you may be eligible for free legal assistance (public defender)

What do you need to ask about fees? How much does the lawyer charge per hour? How often will you be billed? Retainer: a down payment on the total fee Contingency fee: not per hour or lump sum; a percentage of whatever amount the client wins or settles for in the case (usually 1/3)

Working with your Lawyer You must be able to TRUST your attorney Attorney-Client Privilege: whatever you tell your attorney about your case is private and confidential Attorneys will give you advice, but YOU must make the final decisions. Legal Malpractice: the type of lawsuit brought against a lawyer for loss or injury to the client caused by the lawyer’s error or failure to meet acceptable standards of practice for the legal profession