COURT SYSTEM The trial court system in the US is an adversarial system A contest between opposing sides or adversaries Plaintiff civil or prosecutor criminal vs the defendant COURT SYSTEM ID: 711114
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JUDGES, JURIES, AND THE COURT SYSTEMSlide2
COURT SYSTEMThe trial court system in the US is an adversarial systemA contest between opposing sides (or adversaries)
Plaintiff (civil) or prosecutor (criminal) vs. the defendantSlide3
COURT SYSTEMThe theory is that the judge or the jury will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other side’s case
Gathering and presenting of evidence is left up to the competing parties and lawyers
Is this the best option? What potential problems could this create?Slide4
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT?
“The goal of trial is victory, not truth or justice.”Slide5
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT?
“It is better that ten guilty persons go free than one innocent person suffer conviction.” Slide6
QUICK DISCUSSION: HOW DO YOU FEEL ABOUT THE FOLLOWING STATEMENT?
In a criminal case, should a lawyer defend a client he or she knows is guilty? Explain. Slide7
JUDGES AND JURIESIn nonjury trials, a judge determines the facts of the case and renders a judgment
Think: small claims court, Judge Judy, small tort lawsuits (suing people)
Stuff that needs to get settled quicklySlide8
JUDGES AND JURIESIn jury trials, the judge instructs the jury as to the law involved in the case
The jury comes to a conclusion; the judge issues a punishment based on the jury’s conclusionThink: criminal cases, high-profile cases tort law casesSlide9
JUDGES AND JURIESThe judge will give instructions that contain the interpretation of the relevant laws that govern the case, and that jurors are required to adhere to these laws
Jurors are to base their conclusions on the evidence as presented in the trial
The opening and closing arguments of the lawyers are not evidenceSlide10
STATE V. FEDERAL COURTS
STATE
COURTFEDERAL COURT
Hears cases that deal with state law and federal lawFamily, traffic, criminal, small claims court
Civil and criminal cases involving federal lawCivil cases involving parties from different states when the amount in dispute is greater than $75,000Slide11
FEDERAL CASES
STATE CASESSlide12Slide13
WHICH COURT? FEDERAL OR STATE?Slide14
A state sues a neighboring state for dumping waste in a river that borders both statesSlide15
A wife sues her husband for divorceSlide16
A person is prosecuted for assaulting his neighborSlide17
Two drivers crash their cars into each other. One driver sues the other for medical bills and car repairs. Slide18
She was caught smoking on the plane from Portland to Sacramento and threatened to kill everyone.Slide19
SUPREME COURT JUSTICESServe for life, unless they retire or are impeached for misconduct Slide20
SUPREME COURTMost legal precedents are established by the Supreme CourtBrown v. Board of Education
8,000 cases are appealed to the Supreme Court per yearHear about 80 of themThis year’s docket:
Transgender rightsDisabilities in education Masterpiece Cakeshop vs. Colorado Civil Rights CommissionGerrymandering Slide21
SUPREME COURTPage 61 – answer question BIf time – p 182
, A and BSlide22
Tomorrow: How to draft lawsThrough examining a sexting scandal at a Colorado High School And, why you need lawyers