10/9/12BR- Consider two things..- In many families, issues or decisions are handled by one particular member or another (“money? Go ask your mother.”) Why is that?- What is an adversary vs. an inquisitor (or what’s one of the differences between blackjack and poker?)Today: Understanding Types of Courts-pick up quiz-corrections-register to vote

Check out a “Street Law Book”There are several sections in this book that you will be responsible for reading. This reading will be extremely helpful in preparing for the trial.

- pp 46.- 60 (chart on p. 49, p. 53)- Pp. 100-132- Pp. 133- 165- Pp. 166 – 168**

Our Court System- The U.S. court system is an adversarial

system. two parties are adversaries. They each present their best argument (watched over by a referee-the judge) and the truth emerges.

- Other systems are an inqusitional system. The judge takes an active role in questioning witnesses, presenting evidence, etc.

Important Terms:1. Plaintiff2. Prosecutor3. Defendant4. Voir dire

1. Removal for cause2. Peremptory challenge

5. Precedent6. Trial court7. Appeals court8. Petitions for certiorari9. Litigator10. State of mind11. Mens rea12. Actus rea13. Causal link

14. Elements15. motive16. Felony17. Misdemeanor18. Principal19. Accomplice20. Accessory before the fact21. Accessory after the fact22. Crime of omission23. Solicitation24. Attempt25. Conspiracy(through pp 107)

State and Federal Courts

There is a completely separate court system in the U.S. that handles different types of cases.

The State and Federal courts

Both systems can end at the U.S. Supreme court

State/Local vs. Federal1. Hears cases

concerning state laws and local issues

1. Hears cases that involve federal law, affect the nation, or incidents between states

Do you know the difference between a state and federal law?

1. There are lots of state,municipal, and local courts (Cook County, etc.)

2. There are not as many Federal Courts. The country is divided up into districts (94) these are in major population centers.

3. These 94 District Courts are Federal Trial Courts. (page 53. In the red book)

4. There are 13 Circuits. These are Federal Courts of Appeals.

In both State and Federal systems..

There are trial courts and courts of appeals or “appellate courts.”

These courts serve two very different functions and are very different in how they operate.

You only go to the appellate level if there is an appealable issue such as: bad evidence, bad trial procedure, bad law, or constitutional issue.

You CAN NOT appeal your case just because you lost.

Trial Court vs. Appeals 1. Trial Courts are

“cases of fact.” They try to determine what happened through the trial process of argument and presentation of evidence

1. Appellatte courts are “courts of procedure.” These courts try to determine if the trial court did anything wrong

Trial Court vs. Appeals 2. Trial courts are

called the “court of original jurisdiction.” It means the place where the case was first heard

3. Lawyers use evidence and witnesses to prove their case

2. All courts after the trial court are appelate courts

3. There are NO WITNESSES or EVIDENCE at the appellate level. The lawyer presents their argument as to what was wrong at the trial level. That’s It!

Trial Court vs. Appeals 4. Trial courts result

in the person going free or going to jail (or appealing!)

5. Both sides can appeal

4. Appellate courts can affirm the lower court’s decision (they got it right.) or it can remand the case to the trial court with instructions - Basically saying that you need to do the trial over and fix the problems.

Trial Court vs. Appeals Case is decided by a

judge or juryCase is decided by

a panel (3-9) of judges who listen to the lawyer and ask questions.

U.S. Supreme CourtThis is the highest appellate court in the land.Each side speaks for approximately 1 hour. During

this time the 9 Supreme Court justices fire questions at the lawyer while they try to give their speech.

Cases that start in state or federal court can end up here.

State Supreme courts can send cases to the U.S. Supreme court.

The Supreme court is concerned ONLY with cases that have Constitutional Significance