Our Court SystemTerms, procedures, and ideas you need to know

Criminal and Civil LawCriminal Law

For violations of a law passed by a legislative body. Felonies and misdemeanors.

The State v. the defendant [a person or an entity]

First Trial = Court of Original Jurisdiction

Both the act and the punishment is defined by legislative code [RCW’s]

Civil Law

Most of these involve a loss of “property”

Person v. Person [corporation]

First Trial = Court of Original Jurisdiction

The loss has previously been defined as loss by a prior court OR, a court is now being asked to define it as a loss for the first time.

Criminal LawGuilty = Beyond A Reasonable Doubt [90-100% vote to convict]

Punishment is as defined by law. Jail, Prison, Probation, and/or fine. Matrix, as developed by the state, determines this.

If state loses, case is over.If state wins,

defendant can appeal

Civil LawGuilty = Preponderance of Evidence-Over ½ vote to convict

Punishment is financial and/or loss of “property”.

Whoever loses the case can appeal.

Fundamentals of Trial

Questions determined at trialSubstantive Questions:

Questions of facts;Questions of evidence;Listen to evidence and determine guilt or innocence.This is done by a jury [the trier of fact],

OR, if requested by defendant, a judge. This is known as a bench

trial.

Questions determined at trialProcedural Questions

These are the rules and guidelines that the case must follow.

Commonly known as “The Rule of Law” or “Due Process of Law”.

Applied and determined by the judge before and during the trial.

Due Process of Law can be found in both the State and US Constitutions and the State and US Supreme Court rulings.

Generally speaking, the State is allowed to grant more

rights and privileges than the US can.

The 4th, 5th, 6th and 8th AmendmentsAmendment IV

The right of the people to be 1] secure in their persons, houses,

papers, and effects, 2] against unreasonable searches

and seizures, shall not be violated, and

3] no warrants shall issue, but upon probable cause, A] supported by oath or

affirmation, B] particularly describing the

place to be searched, and the persons or things to be seized.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury,

nor shall any person be subject for the same offense to be twice put in jeopardy of

life or limb [double jeopardy]; nor shall be compelled in any criminal case

to be a witness against himself, nor be deprived of life, liberty, or property,

without due process of law; nor shall private property be taken for

public use, without just compensation.

Amendment V

In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trialby an impartial jury of the state and district

wherein the crime shall have been committed;

to be informed of the nature and cause of the accusation;

to be confronted with the witnesses against him;

to have a compulsory process for obtaining witnesses in his favor, and

to have the assistance of counsel for his defense.

Amendment VI

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted.

Criminal CasesRules for Appeal of Decision

If the State loses, the case is over [double jeopardy]. That is why in most trials, the State will charge the defendant with as many crimes as possible in order to win at least one of them.

If the State wins, the defendant can appeal.On Appeal, the case title is Defendant v. State.Case goes to State Appellate Court.Whoever loses on appeal can appeal to State

Supreme Court. Case title is Loser v. Winner Whoever loses can appeal to Federal Appeals Court. Whoever loses can appeal to U.S. Supreme Court.

Rules for Appeal of DecisionWhen a side appeals, they ask the court a

“question” about the process of the trial that they think the judge ruled on in error.

The only questions that an appellate court hears are questions of procedure. They do not hear appeals on substantive questions.

Each year the Supreme Court is asked to review about 6500-8000 cases.

The Court “reviews” about 1,000The Court grants “Cert” to

about 80-110 of them.These cases are heard in oral

argument.

Most often heard Due Process casesLegality of search

Legality of seizure

Severity of punishment

“Miranda” issues

Validity of law [Is the lawconstitutional?]

The Process of AppealBoth [all] sides in the suit file Briefs with

the court.Amicus Curiae [friends of the court] are also

filed at the request of both sides or at the request of the Court.

Briefs are a written argument by each side that outlines the cases or laws they believe should apply to their case. Previous cases are known as “precedent”.

Your NOYS FinalYou will submit a Brief to the Supreme

Court. The case you will argue is based on a problem with the jury in the trial. The teacher will provide the precedents and any necessary case law.

Your Class FinalYou will submit a Brief to the Supreme

Court. The case you will argue is based on a problem with the First Amendment. The teacher will provide the precedents and any necessary case law. You will also present your Brief in oral argument to the Court