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.

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

Judges- preside over the trial- make sure the attorneys follow the rules- instructs the jury on the law- can sentence individuals

Remember the 6th and 7th 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

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.

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

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)

http://www.youtube.com/watch?v=fum76mlyl7s

http://www.youtube.com/watch?v=fum76mlyl7s

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)

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

US Supreme Court

US Court of Appeals

US District Court (trial 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

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

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.

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

Term: from Oct-June Justices are nominated by the President

and confirmed/approved by the Senate Justice are appointed for life

John Roberts (Chief Justice)

(2005) Anthony Kennedy

(1988) Clarence Thomas

(1991) Antonin Scalia

(1986) Samuel Alito Jr.

(2006)

Ruth Bader Ginsburg (1993)

Stephen Breyer (1994)

Sonia Sotomayer (2009)

Elena Kagan (2010)

Federal Court Structure

Federal District Court Map

Ohio Supreme CourtChief Justice Maureen O'ConnorJustice Paul E. PfeiferJustice Terrence O'DonnellJustice Judith Ann LanzingerJustice Sharon L. KennedyJustice Judith L. FrenchJustice William M. O'Neill

Ohio Court Structure

Ohio Supreme Court

Court of Appeals

Court of Common Pleas Municipal Courts Court of Claims

Probate Juvenile

Domestic General Division

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)

Lawyers = attorney Trial Lawyers are called litigators

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

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)

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)

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