CHAPTER 5The Court System

UNITED STATESThe U.S.A. has many court systems.

• Each of the states has its’ own.• The federal government also has a court.• Each of these has a TRIAL COURT and an

APPELLATE COURT.

TRIAL COURTS (TC)• A trial is a contest between two parties/sides.• TCs listen to both sides of testimony.• TCs consider evidence presented.• TCs decide the facts.• The US trial court system is an ADVERSARY

SYSTEM.• A judge listens to both parties/sides to decide

the truth and make a ruling.

CIVIL TRIALThere are two parties in a civil trial1. Plaintiff – party bringing case to trial2. Defendant – party responding

Losing party may be able to appeal the decision – have it go to trial again.

TRAFFIC COURT• STATE LEVEL• Violations committed by any driving motor

vehicles.

CRIMINAL COURT• STATE LEVEL• Violations for which person could go to jail• Courts sometimes specialize in FELONY cases

and MISDEMEANOR cases – larger cities (Minneapolis)

CRIMINAL TRIALIn a criminal trail there are also 2 parties:1. Prosecutor – the state or federal government

that brings the case to trial.2. Defendant – party responding

Losing party may be able to appeal the decision – have it go to trial again.

OTHER COUNTRIESThe “Adversary” system isn’t the only legal

system in place.Other countries use different systems.FOR EXAMPLE:

some European countries use the INQUISITIONAL SYSTEM

INQUISITIONAL SYSTEMThe judge can:

• Ask questions• Controls the process• Can gathering evidence• Can present/share evidence• Can order witnesses to testify• Can conduct searches

***NOT the same in the US where the judge leaves all this to the competing sides.

NEGATIVESThe U.S. “adversary” system is criticized……..• Not the best system for finding the truth• Compared to a “battle between lawyers”• Lawyers accused of hiding facts or evidence• WINNING versus TRUTH/JUSTICE

ADVERSARY SYSTEM• Cornerstone of American legal system!• Many feel looking at facts from two different

ways (as the 2 parties see them) will uncover MORE facts and MORE truth.

U.S. JUDGESJudges are important in a U.S. trial:• Presides over the trial• Ensures attorneys follow the rules• NO JURY: judge determines facts & make

judgment• WITH A JURY: judge directs jury with rules• CRIMINAL TRIAL: judge sentence convicted

person

JURIESJuries are an essential part of the U.S.

legal system also!Right to a trial by jury is a Constitutional Right!

6th Amendment and 7th AmendmentThis is true for both a federal trial AND a state trial.Juries are NOT required for every case & not used as

often as you might think.CIVIL CASE: either side can request a juryCRIMMINAL CASE: defendant decides

JURORS• Must be a U.S. citizen• Must be 18 years old• Must live in the State you serve in• It is our DUTY to serve on a jury if we are called.• EXCLUDED from duty: convicted felons• These occupations used to be EXCLUDED from

duty…….• Doctors, attorneys, police, firemen, clergy,

disabled

VOIR DIRE• Jurors will be assigned to a specific case.• Lawyers from each side will ask jurors

questions:• to uncover preconceived opinions• To uncover prejudices

• After questioning, one side may request the juror be removed. This is call REMOVAL FOR CAUSE.

• Each side has PEREMPTORY CHALLENGES – can ask to remove a juror without explaining WHY.

APPEALS COURT• A court where a ruling/decision is re-examined.• One party gives reasons/arguments why the

court should change their mind about the decisions.

• No juries• No witnesses• No new evidence• Only lawyers

ERROR OF LAW• NOT every side that loses a trial can make an

appeal.• Appeals are only allowed when one side claims the

trial court made an ERROR OF LAW.

• An error of law is a mistake made by a judge.• Mistakes have to pertain to the law applied to case

• Allowing excludable evidence• Poor/wrong instructions to jurors

• Minor errors will not result in a reversed decision.

PRECEDENT• A ruling/decision in court sets a precedent –

example for future similar cases.• Lower courts in same location must follow

precedents set.• High courts (Supreme Court) or courts in

other areas (different State) can disagree with precedents and rule differently.

APPELLATE COURTS• There will be more than 1 judge in an

Appellate Court – usually 3.• Sometimes there are up to 9 judges! • Depends on the area and the ruling involved.

DISSENTING OPINIONS• One opinion different than the majority.• A judge with a dissenting opinion may issue a

written document stating reasons for disagreement.

• Important!!! Reasoning may be used later.• EXAMPLES:

• Plessy vs. Ferguson (1896)• Brown vs. Board of Education (1954)

FEDERAL VS STATE COURTS

• FEDERAL: AKA: U.S. District Court• FEDERAL: hear criminal & civil cases

pertaining to federal law• FEDERAL: also hear cases between people in

different states if claims are more than $75,000• FEDERAL: lost cases may appeal to U.S. Circuit

Court of Appeals • FEDERAL: final court of appeals: U.S. Supreme

Court

• STATE: each state has a trial court• STATE: resemble federal courts• STATE: specialized to deal with specific issues

such as: criminal, smalls claims, traffic, family matters

FAMILY COURTS• Divorce• Marital separation• Child custody• Juvenile & intra-family

• disagreements

TRIBAL COURTS• Tribes no longer independent sovereigns

(nations).• Tribes no longer posses 100% authority over

own reservations – BUT do retain some original power.

TRIBAL COURT POWERS• Remaining powers are called “inherent

powers

• Inherent powers include authority over: Family relationships Tribal membership Law & order

DELEGATED TRIBAL POWERS

• Congress occasionally grants other power/authority to Tribes such as regulating their environment.

• Tribes have own justice court system that can hear BOTH civil and criminal cases.

• Some Tribal justice systems are very different from American court system – others are very similar

• ALL Tribal courts strongly reflect own culture.

CONTROVERSY & CONFUSION

• Federal and Tribal laws determine the juridiction of Tribal courts.

• FELONIES: delegated to most Tribes• CRIMINAL SENTENCING: no more than $5,000

and 1 year in jail.• No authority to prosecute non-Native

Americans.

JUSTICES MUST• Do their homework – read all information on

cases• Ask lots of questions• Meet privately to discuss verdict (like a jury)• Create and write an opinion on a case• Justices usually are unanimous (all agree)

JUSTICE’S TERM• October – end of June• ¾ of cases heard are federal cases• ¼ cases hear are state cases• ½ of all cases heard have decisions reversed !

CERTIORIARISur-shee-uh-rare-ahy• A written appeal request made (sometimes by

an inmate/jailed person) for their records to be sent FROM a lower court to be reviewed by the Supreme Court.

• 99% denied.• Supreme Court doesn’t HAVE to hear every

appealed case.

OUR JUSTICES

John Roberts

Chief

Antonin Scalia

Anthony

Kennedy

Clarence Thomas

Ruth Bader

Ginsburg

Stephen Breyer Samuel Aito

Sonia Sotomayer

Elena Kagan

JUSTISTES ARE …• Are nominated by the President• Appointed for LIFE• Confirmed/approved by Senate• Can interpret meaning of Constitution and

federal laws• Provide written documents on all

decisions/opinions given….published in future law books

CONTROVERSIAL ISSUES

• Many “modern” issues land in the U.S. Supreme Court

• Examples include:• Civil rights• Abortion• Death penalty

POLITICS ??• Politics even play a roll in the U.S. Supreme

Court• Many citizens disagree that Justices be picked

for their views• Should judges be “above” politics?• Should judges be picked on their:

• Experience• Integrity/honesty• Moral character-

…….continued

• Should the President be able to pick who ever he wants?

• Wouldn’t the President always pick some one that thinks like him/her?

POWER

• Supreme Court has the power to change or reverse law IF the same type of case comes again in a different case

• Society may change their views over time• Justices leave and new ones may have

different views

EXAMPLES OF POWER• Many decisions made in 1960 & 1970 by the

U.S. Supreme Court were reversed by judges appointed/picked by Ronald Regan & George Bush

• Examples:• Right of criminals• Abortion• Civil rights