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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?