Chapter 5. Learn the key differences between trial and appellate courts Understand the differences...
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- Chapter 5
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- Learn the key differences between trial and appellate courts
Understand the differences between adversary and inquisitional
judicial systems Be able to describe and diagram the structure of
state and federal court systems Understand how and when the Supreme
Court of the United States will hear a case
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- U.S. system is adversariala contest between opposing sides with
the judge as a neutral referee Many countries use an inquisitional
system the judge is much more active Judges in inquisitional
systems may order witnesses to appear, conduct searches, and
present and comment on evidence Adversarial systemvictory, not
absolute truth Inquisitional systemtruth is the ultimate goal
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- Page 48 problem 5.1 a-c
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- Jury trials are guaranteed in criminal cases under the Sixth
Amendment to the Constitution Jury trials in civil cases are
guaranteed in federal courts under the Seventh Amendment Must be
requested or it can be waived Jurorsmust be 18, read and write
English, U.S. citizen, and live in the state Removal for cause vs.
peremptory challenge Study the Steps in a Trial box on p. 47 we
will follow this outline for the mock trial project
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- Page 49 Problem 5.2 a-e
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- Trial courts hear evidence (documents, witnesses) and decide
initial result. Judge or jury may decide Appellate courts do not
hear direct evidence; they review the record of the lower court to
determine if a reversible (harmful) error has occurred Usually an
error of law that was likely to affect the outcome Appellate court
decisions become precedents for future cases
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- Most state court systems follow a similar structure to the
federal courts Local trial courts (district courts, county courts,
municipal courts, etc.) Often have specialized jurisdiction (family
courts, probate courts, etc.) Intermediate appellate courts State
Supreme Court Some states separate civil and criminal court
systems; others do not
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- Page 58 Problem 5.4 a-d
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- Nine justiceslifetime appointment why? Hears about 1% of all
cases it is asked to review (about 100 per year) Petition for writ
of certiorari asks the Court to review a case Usually only hears
the most important cases involving issues of constitutional law, or
when circuit courts are split on an issue
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- Page 59 Problem a-b
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- What are the three levels of the federal court system? Which
type of court hears witnesses and often has a jury decide the
outcome? Does the U.S. use an inquisitional or an adversarial
system? What is one criticism of the adversarial system? About what
percentage of cases it is asked to review does the U.S. Supreme
Court actually hear? What are the key reasons why federal court
judges are appointed to serve on good behavior?