Transcript The Court System

The Court System
Going to trial
The Constitution
• Art III, Sec. 2: Federal Judiciary
• “Trial of all crimes… shall be by
jury…defendant has the right to confront
opposing witnesses… Supreme court will
settle disputes between the states…
Congress establishes all other courts as
necessary”
Bill of Rights: Guarantees
• 6th Amendment: the right to a speedy and
public trial, an impartial jury, to confront
witnesses, and to have consul for defense
• 7th Amendment: the right to a trial by jury
in civil cases at the federal level
Federal
State
United States Supreme Court
State Appellate Courts
United States Circuit Courts of Appeals
(13)
State Trial Courts
Include: Criminal, Family, Traffic,
and Small Claims
U.S. District Courts
(94)
Cases involve federal law
or the US Constitiution
U.S. Claims Court
U.S. Tax Court
U.S. Bankruptcy Court
Court of Int'l Trade
Dual Court System
• Federal
– Small part of American judicial system
• Plays a limited role in justice
• Drugs- 29% of all federal cases
• Civil suits take majority of court time- bankruptcy,
copyright and patents, postal fraud, etc
Dual Court System
• State
– Most crimes/ cases are a violation of state law
– Most cases are routine with little dispute of
fact or law
– Most end in a guilty plea before trial
Dual Court System
• Courts of limited jurisdiction
– Inferior courts- traffic (majority), small claims,
misdemeanor…
• Courts of general jurisdiction
– Superior courts- major trial courts
– Civil cases dominate court dockets
• Personal injury, probate/ estate, domestic (largest)
The Courts
• Adversarial system- lawyers represent their
clients, present evidence, examine the other
side, and try to convince the jury/ judge
– Defendant-- the person being charged
{criminal} or sued {civil}
– Prosecutor-- the person bringing the charges
in a criminal case
– Plaintiff-- the person bringing the charges in a
civil case
Court cases
• Gideon v Wainright (1963)• Scott v. Il (1979)• Ross v. Moffit-