The Court System

Adversarial System The US court

system is an adversarial system.

This means that the trial is a contest between two sides.

The judge makes rulings on the law and manages the trial.

Inquisitorial System Many countries use this system.

• Judge questions the witness• Judge orders witness to appear• Judges conduct searches

Juries A body of men and women selected

to hear and examine certain facts and determine the truth.

The 6th Amendment requires that all criminal trials at both the state and federal level have juries.

Although, many cases never get to trial because the accused plea bargains.

Jury Selection Voir Dire – Screening process in which

opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible.

Jury Selection Cont’d Peremptory challenges – Attorneys

may dismiss a certain number of possible jurors with giving any reason. (Cannot be based on race)

Removal for cause –After voir dire, attorneys may request removal of any juror who does not who does not appear capable of rendering a fair and impartial verdict.

*Civil and Criminal Courts They both

• Listen to testimony• Consider evidence• Decide the facts

Federal Court Federal Courts

hear cases that involve a plaintiff and defendant from different states and when the amount in question is more than $75,000.

Appeals Court In appeals court,

only argument from attorneys are heard.

Not everyone is eligible for appeals court. They occur when there has been an error in law.

When the highest court in the state issues a decision the precedent must be followed by all courts underneath.

US Supreme Court The US Supreme Court hears cases

by granting petitions of certiorari. The hear very few cases that they are

asked to review. If they decide to hear a case, the

attorneys submit written briefs and make oral arguments.

Supreme Court There are 9 supreme court justices.

They are appointed by the president and approved by the Senate. One is chosen as the Chief Justice.

Dissenting Opinion* Concurring Opinion* Majority Opinion*

Most Recent Supreme CT Justices

Gideon V. Wainwright 1963 - Supreme

Court case that declared that everyone has a right to an attorney.

Important because it set a precedent for the entire country.

Tribal Law The US government has delegated power

to tribal groups to regulate various aspects of tribal life, including the environment.

Cases are decided by tribal courts.

Small Claims Court Parties represent themselves. There

are no lawyers and fees are low.