LawLaw

Chapter 5Chapter 5The Court SystemThe Court System

What are the intended goals for this What are the intended goals for this course?course? To provide a To provide a practical understandingpractical understanding

of of lawlaw and the and the legal systemlegal system that that will be of useful to you in your will be of useful to you in your everyday lives.everyday lives.

To To improve understandingimprove understanding of the of the fundamental fundamental principles principles and and valuesvalues underlying our Constitution, laws, underlying our Constitution, laws, and legal systemand legal system

Goals continued:Goals continued:

To To examine examine important cases in the important cases in the history of the United States Supreme history of the United States Supreme Court, and Court, and understandunderstand their their historicalhistorical and and legal significance.legal significance.

To promote an To promote an awarenessawareness of current of current issues that impact on issues that impact on lawlaw and our and our legal systemlegal system, and, and

Goals continued:Goals continued:

To To develop an understandingdevelop an understanding of the of the rollroll that law enforcement officers, that law enforcement officers, lawyers and the legal system lawyers and the legal system playplay in in our our societysociety..

Court OverviewCourt Overview

The United States has many court The United States has many court systemssystems

The The Federal GovernmentFederal Government has a court has a court system, andsystem, and

Each stateEach state has its own court system has its own court system All court systems have both: All court systems have both:

1.1. Trial Trial courtscourts,, and and 2.2. AppealsAppeals (appellate) courts (appellate) courts

What is the purpose of a trial What is the purpose of a trial court?court? The purpose of a trial court is to:The purpose of a trial court is to:

1. Listen to 1. Listen to testimonytestimony2.2. Consider Consider evidenceevidence, and , and 3. Decide the 3. Decide the factsfacts in dispute in a in dispute in a criminal or civil casecriminal or civil case

There are always There are always twotwo sides or sides or partiesparties to each case to each case

Who are the parties in a civil Who are the parties in a civil trial?trial? The person bringing about the The person bringing about the legal legal

actionaction (lawsuit) is called the (lawsuit) is called the plaintiffplaintiff The person The person respondingresponding to the plaintiff to the plaintiff

is called the is called the defendantdefendant A A judgejudge will preside over the case will preside over the case

and assure that:and assure that:1.1. Rights are protected, and Rights are protected, and 2.2. Court rules and trial procedures Court rules and trial procedures are are followedfollowed

Who are the parties in a criminal Who are the parties in a criminal trial?trial? The (state or federal) government The (state or federal) government

initiates the case and serves as the initiates the case and serves as the prosecutorprosecutor

The party responding to the prosecution The party responding to the prosecution (criminal charge) is called the (criminal charge) is called the defendantdefendant

A A judgejudge will preside over the case and will preside over the case and assures that:assures that:1.1. Rights are protected, and Rights are protected, and 2.2. Court rules and trial procedures are Court rules and trial procedures are

followedfollowed

Are there other parties in Are there other parties in criminal or civil trials?criminal or civil trials? Criminal or civil trials must have a Criminal or civil trials must have a

trier of facttrier of fact who will decide guilt or who will decide guilt or innocence, or decide responsibilityinnocence, or decide responsibility

In a In a jury trialjury trial, the trier of fact will be , the trier of fact will be the the juryjury

In a In a bench trialbench trial (no jury), the (no jury), the judgejudge will be the trier of factwill be the trier of fact

What is our trial system called?What is our trial system called?

The trial system used in the United The trial system used in the United States is called an States is called an Adversary SystemAdversary System

It is a contest between It is a contest between opposing opposing sidessides, or , or adversariesadversaries

The adversary system is the The adversary system is the cornerstonecornerstone of our legal system of our legal system

How does the adversarial trial How does the adversarial trial system work?system work? In theory, the In theory, the trier of facttrier of fact will be able will be able

to determine the to determine the truthtruth if: if:

1.1. The opposing parties The opposing parties presentpresent their their best best argumentsarguments, and, and

2.2. ShowShow the the weaknessesweaknesses of the of the other other side’s caseside’s case

What is the role of lawyers in the What is the role of lawyers in the adversarial trial system?adversarial trial system? Most lawyers believe by approaching Most lawyers believe by approaching

the the same set of factssame set of facts from from differentdifferent perspectivesperspectives the truth will be the truth will be uncovereduncovered

However, However, critics critics believe that the believe that the adversary system is adversary system is notnot the best the best system for discovering the truthsystem for discovering the truth

Role of lawyers continued:Role of lawyers continued:

The critics believe:The critics believe:

1.1. It is a It is a battlebattle in which lawyers act in which lawyers act as as enemiesenemies

2.2. Lawyers make every effort Lawyers make every effort notnot to to present present allall the the evidenceevidence

3.3. The The goalgoal of the trial becomes of the trial becomes victoryvictory and not truth or justiceand not truth or justice

What is the role of the judge in a What is the role of the judge in a trial?trial? The judge presides over the trialThe judge presides over the trial The judge is charged with:The judge is charged with:

1.1. The duty to protect the rights of The duty to protect the rights of those those involvedinvolved

2.2. To assure that the lawyers follow To assure that the lawyers follow the the rules of evidence, andrules of evidence, and

3.3. To assure that the lawyers follow To assure that the lawyers follow the the rules of trial procedurerules of trial procedure

Role of the judge continued:Role of the judge continued:

In jury trials, the judge will In jury trials, the judge will instructinstruct the jury as to the the jury as to the laws involvedlaws involved in the in the casecase

In non-jury trials, the judge In non-jury trials, the judge determines determines the facts of the case and the facts of the case and rendersrenders a decisiona decision

In criminal trials, the judge willIn criminal trials, the judge will sentencesentence individuals convicted of individuals convicted of crimescrimes

What is the role of the jury in a What is the role of the jury in a trial?trial? The jury is charged with the following The jury is charged with the following

responsibility:responsibility:

1.1. The task of determining the facts The task of determining the facts in in disputedispute

2.2. Applying the law in a particular Applying the law in a particular case, case, andand

3.3. Rendering a verdict on the facts Rendering a verdict on the facts determineddetermined

What is the purpose of a civil What is the purpose of a civil trial?trial? The purpose of a civil trial is to The purpose of a civil trial is to

determine if someone should be determine if someone should be liable liable for:for:

1.1. An An injuryinjury to another, to another,

2.2. DamageDamage to their property, or to their property, or

3.3. DamageDamage to their reputation to their reputation

Purpose of a civil trial continued:Purpose of a civil trial continued:

Civil trials are used to address:Civil trials are used to address:

1.1. Civil RightsCivil Rights violationsviolations

2.2. NegligenceNegligence and and IntentionalIntentional torts, torts, andand

3.3. Resolve other types of Resolve other types of disputes disputes

Civil trials continued:Civil trials continued:

The The level of prooflevel of proof needed for a needed for a findingfinding in a civil trial is in a civil trial is 51%51% and is and is called a called a preponderance of preponderance of evidenceevidence

A successful A successful legal actionlegal action will result in will result in a a monetary awardmonetary award, an , an injunctioninjunction (a (a command to do something), or a command to do something), or a cease and desist ordercease and desist order (a command (a command to stop doing something) to stop doing something)

What is the purpose of a What is the purpose of a criminal trial?criminal trial? The purpose of a criminal trial is to The purpose of a criminal trial is to

determine if someone should be held determine if someone should be held legally responsiblelegally responsible for committing for committing a a criminal actcriminal act

The level of proof needed in a The level of proof needed in a criminal trial is criminal trial is 99.9%99.9% and called and called Proof Beyond a Reasonable Proof Beyond a Reasonable DoubtDoubt

Criminal trials continued:Criminal trials continued:

The reason for this high level of proof The reason for this high level of proof is because of the is because of the punishment punishment attached to criminal casesattached to criminal cases

If the defendant is found guilty, or If the defendant is found guilty, or pleads guilty, he/she will be subject pleads guilty, he/she will be subject to to finesfines and and penaltiespenalties, such as , such as prisonprison or or deathdeath

What are the steps in a criminal What are the steps in a criminal or civil trial?or civil trial?

1.1. Opening StatementOpening Statement by the by the plaintiff’s plaintiff’s attorney or prosecutor - attorney or prosecutor - Explanation of Explanation of the evidence to be the evidence to be presented to presented to proveprove the allegationsthe allegations

2. 2. Opening StatementOpening Statement by the by the Defense-Defense-Explanation the evidence to Explanation the evidence to be be presented to presented to disprovedisprove the the allegationsallegations

Steps in a trial continued:Steps in a trial continued:

3. 3. Direct Examination by the Direct Examination by the plaintiff or plaintiff or prosecutorprosecutor – – Witnesses testify and Witnesses testify and evidence is evidence is presented to prove the presented to prove the case case

4. 4. Cross Examination by the Cross Examination by the DefenseDefense – – Questioning of the Questioning of the witnesses for the witnesses for the P/P to break P/P to break down their story or down their story or discredit discredit them in the eyes of the jury them in the eyes of the jury

Steps in a trial continued:Steps in a trial continued:

5.5. MotionsMotions – If the P/P case has not – If the P/P case has not been established, the judge can end been established, the judge can end the case on a motion by the the case on a motion by the defensedefense

6.6. Direct Examination by the DefenseDirect Examination by the Defense - Defense presents its witnesses - Defense presents its witnesses and evidenceand evidence

7.7. Cross-Examination by the P/PCross-Examination by the P/P – The – The P/P questions the defense witnessesP/P questions the defense witnesses

Steps in a trial continued:Steps in a trial continued:

8. 8. Closing Statements by the P/PClosing Statements by the P/P – – A A review of the review of the testimony and evidence testimony and evidence presented is givenpresented is given

- The P/P will ask for a - The P/P will ask for a finding finding of of guilt guilt (in a criminal trial), or a (in a criminal trial), or a

finding for the plaintifffinding for the plaintiff (in a civil (in a civil trial) trial)

Steps in a trial continued:Steps in a trial continued:

9. 9. Closing Statements by the Closing Statements by the DefenseDefense- A - A review of the review of the testimony and evidence testimony and evidence presented is givenpresented is given

- The defense attorney will - The defense attorney will ask for a ask for a finding of finding of not guiltynot guilty (in a criminal (in a criminal trial), or a trial), or a finding for the defendantfinding for the defendant (in a (in a civil trial)civil trial)

Steps in a trial continued:Steps in a trial continued:

10. 10. Rebuttal ArgumentRebuttal Argument – The P/P – The P/P makes makes additional closing additional closing arguments in arguments in response to the defense’s closing response to the defense’s closing statements statements11. 11. Jury InstructionsJury Instructions – The judge – The judge will will instruct the jury on the instruct the jury on the criminal criminal or civil laws or civil laws that apply to the casethat apply to the case

StepsSteps in a trial continued: in a trial continued:

12. 12. VerdictVerdict – The jury will – The jury will deliberate deliberate and render a and render a verdictverdict

What is the purpose of an What is the purpose of an appeals court?appeals court? In a criminal or civil trial, the losing In a criminal or civil trial, the losing

party may party may appeal appeal the court’s the court’s decision to an decision to an appealsappeals or or appellate appellate courtcourt

However, the appeal is However, the appeal is notnot automatic automatic and must be base on an and must be base on an error of lawerror of law

An error of law is different from an An error of law is different from an error of facterror of fact

What is an error of law?What is an error of law?

An An error of lawerror of law occurs whenever a occurs whenever a judge makes a judge makes a mistakemistake as to the as to the lawlaw in a particular case, such as:in a particular case, such as:1.1. The judge gives the jury The judge gives the jury wrong wrong

instructionsinstructions, or, or2.2. The judge The judge permits evidencepermits evidence that that

should not have been allowedshould not have been allowed

Error of law continued:Error of law continued:

If an error of law is If an error of law is minorminor and does and does notnot affect the outcome of the trial, affect the outcome of the trial, the trial court’s decision will the trial court’s decision will notnot be be overturnedoverturned

If the error is If the error is substantialsubstantial and and affectedaffected the outcome of the trial, a the outcome of the trial, a new trial will be new trial will be grantedgranted

How do appeals courts work?How do appeals courts work?

One party (prosecutor or defense), or One party (prosecutor or defense), or (plaintiff or defense) presents (plaintiff or defense) presents argumentsarguments asking the court to asking the court to change the decisionchange the decision of the trial court of the trial court

The other party presents The other party presents argumentsarguments supporting the decisionsupporting the decision of the trial of the trial courtcourt

Appeals courts continued:Appeals courts continued:

An appeals court An appeals court differsdiffers from a trial from a trial court as follows:court as follows:

1.1. There are There are nono juries or witnesses juries or witnesses

2.2. NoNo new evidence is presented new evidence is presented

3.3. OnlyOnly lawyers appear before the lawyers appear before the court to make their argumentcourt to make their argument

4.4. An appeals court An appeals court will will usually have usually have 3 judges, while a trial court 3 judges, while a trial court

has 1 has 1 judgejudge

Appeals courts continued:Appeals courts continued:

Whenever an appeals court decides a Whenever an appeals court decides a case, it will render a case, it will render a writtenwritten opinionopinion or or rulingruling

This ruling sets a This ruling sets a precedentprecedent for for similar similar casescases in the future in the future

In effect, this ruling In effect, this ruling establishesestablishes lawlaw A A higherhigher court or court in a different court or court in a different

area can area can disagreedisagree with this with this precedent precedent

Appeals courts continued:Appeals courts continued:

The purpose of having 3 judges hear The purpose of having 3 judges hear an appeals case is to eliminate any an appeals case is to eliminate any tietie

A A majoritymajority ruling is needed for each ruling is needed for each case case

Whenever judges Whenever judges disagreedisagree on a on a decision, the same court decision, the same court maymay issue issue twotwo or or moremore written written opinionsopinions

What are these written opinions What are these written opinions called?called? The Majority OpinionThe Majority Opinion – Two or more – Two or more

judges agree with the decision for judges agree with the decision for the same reasonthe same reason

Concurring OpinionConcurring Opinion – One or more – One or more judges agree with the decision, but judges agree with the decision, but for a different reasonfor a different reason

Dissenting OpinionDissenting Opinion – One judge – One judge disagrees with the majority and disagrees with the majority and issues his/her reasons for issues his/her reasons for disagreeing with the majoritydisagreeing with the majority

Does everyone have the right to Does everyone have the right to a jury trial?a jury trial? The The rightright to a jury trial is guaranteed to a jury trial is guaranteed

under the 6under the 6thth and 7 and 7thth Amendments to Amendments to the US Constitutionthe US Constitution

1.1. The 6The 6thth Amendment guarantees Amendment guarantees the the right to a jury trial in a criminal right to a jury trial in a criminal casecase

2.2. The 7The 7thth Amendment guarantees Amendment guarantees the right to a jury trial in a the right to a jury trial in a

civil civil case case

Jury trials continued:Jury trials continued:

Jury trials Jury trials applyapply to both to both federalfederal and and statestate courts courts

In a In a criminalcriminal case, the case, the defendantdefendant decides whether there will be a jurydecides whether there will be a jury

In a In a civilcivil case, either the case, either the plaintiff plaintiff or or the the defendantdefendant may request a jury trial may request a jury trial

A trial without a jury is called a A trial without a jury is called a Bench TrialBench Trial

Jury trials continued:Jury trials continued:

Not every case will result in a jury Not every case will result in a jury trialtrial1.1. In In criminalcriminal cases, a defendant cases, a defendant can can enter a enter a guilty pleaguilty plea in a pre-trial in a pre-trial

agreement called agreement called plea-plea-bargainingbargaining2.2. In In civil civil cases, the parties can cases, the parties can agree to agree to out-of-court settlementout-of-court settlement

How does the US Supreme How does the US Supreme Court function?Court function? There are There are ninenine Supreme Court Supreme Court

JusticesJustices They are They are appointedappointed for for lifelife In each case the Supreme Court In each case the Supreme Court

hears:hears:

1.1. Majority rules (5/4)Majority rules (5/4)

2.2. All courts in the United States All courts in the United States mustmust follow its decisions follow its decisions

Supreme Court continued:Supreme Court continued:

The Supreme Court can The Supreme Court can establishestablish law law and sometimes change lawand sometimes change law

The Supreme Court The Supreme Court receivesreceives over over 8,000 appeals a year8,000 appeals a year

The The justicesjustices will hear about 80 cases will hear about 80 cases per year and complete written per year and complete written opinions for each case heardopinions for each case heard

Supreme Court continued:Supreme Court continued:

More than one-half of all appeals are More than one-half of all appeals are received from received from inmatesinmates

99% of all petitions to hear cases are 99% of all petitions to hear cases are denieddenied

With few exceptions, the Court does With few exceptions, the Court does not have to hear any case appealed not have to hear any case appealed to it - to it - Federal voting rights cases areFederal voting rights cases are

exceptions exceptions

Supreme Court continued:Supreme Court continued:

The Court limits its cases to:The Court limits its cases to:1.1. Those where lower courts have a Those where lower courts have a

difference of opiniondifference of opinion on the on the same same mattermatter2.2. Those cases that it believes deal Those cases that it believes deal with with critical critical national policynational policy issues, such issues, such as as the the death penaltydeath penalty, , abortionabortion, and , and civil civil rights rights

What are some examples of What are some examples of civil rights cases?civil rights cases? There are two very important There are two very important

Supreme Court case on SegregationSupreme Court case on Segregation1.1. Plessy v FergusonPlessy v Ferguson in 1896, and in 1896, and2.2. Brown v the Board of EducationBrown v the Board of Education in in 19541954

Both had vastly different outcomes Both had vastly different outcomes with respect to the with respect to the Separate but Separate but Equal DoctrineEqual Doctrine