Transcript LAS Chapter 5 The Court System

Law & American Society
The Court System
The Court System
• Each state has its own court system and
there is also a federal court system.
• Each system, state and federal, has a trial
and appeals court system
• The hgihest court in the land is the United
States Supreme Court
Trial Courts
• Trial courts listen to testimony, consider
evidence, and decide the facts in disputed
situations
• There are two parties or sides to each case
• In a civil trial , the party bringing the legal action
is called the plaintiff.
• In a criminal trial, the government (state or
federal) initiates the case and serves as the
prosecutor.
Trial Courts
• In both civil and criminal trials, the party
responding to the plaintiff (civil) or
prosecution (criminal) is called the
defendant.
Trial Courts
• The trial system in the United States is an
adversarial system. This means it is a
contest between opposing sides, or
adversaries.
• The theory is that the trier of fact (the
judge or jury) will be able to determine the
truth if the opposing parties present their
best arguments and show the weakness in
the other side’s case.
Trial Courts
• Do you think the adversarial system is the
best method for solving disputes? Why or
why not?
Trial Courts
• Do you agree or disagree with the
following statement: “It is better that ten
guilty persons go free than that one
innocent person suffer conviction.”
Trial Courts
• In a criminal case, should a lawyer defend
a client he or she knows is guilty? Would
you defend someone you know was
guilty?. Explain
The Sixth Amendment
• In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained by law, and to be
informed of the nature and cause of the
accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his
defense
The Seventh Amendment
• In Suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by
a jury, shall be otherwise re-examined
in any Court of the United States, than
according to the rules of the common
law.
The Jury
• To serve on a jury you must be:
– A United States citizen
– At least 18 years old
– Able to speak and understand English
– A resident of the state
Voir Dire
• The process of selecting a jury is called
voir dire, which means “to speak the truth”
• Each lawyer has the opportunity to
question perspective jurors
Voir Dire
• Attorneys can request the removal of
potential jurors.
• There are two ways to do this:
– 1. Removal for cause- the attorney believes
they will not render a fair and impartial verdict
– 2. Preemptory challenges-the attorney can
remove the potential juror without showing
cause
Steps in a Trial
• Look at your handout
Law & American Society
Who Should Be on the Supreme
Court?
Question of the Day
• What surprised you about learning about
juries and jury duty?
• What do you think is fair about jury duty?
• What about jury duty do you think needs to
be revised? Why?
Selecting a Supreme Court Justice
• The president of the United States selects
nominees for federal judgeships—
including the U.S. Supreme Court
justices—”with the advice and consent of
the Senate.” The Senate must approve all
nominees before they are appointed. Once
appointed, justices serve for life unless
they resign or are impeached.
Selecting a Supreme Court Justice
• When the Senate receives a nominee from
the president, it sends the nomination to
the Senate Judiciary Committee for
consideration. The committee schedules a
hearing on the nomination. After the
hearing the committee votes. If a majority
votes in favor of the nominee, the
nomination is sent to the full Senate for
consideration. If the majority also votes for
the nominee, the nominee is confirmed.
Clarence Thomas Nomination Hearings
George Bush
Senator Biden
Clarence Thomas
Anita Hill
The United States Supreme Court
Justices of the US Supreme Court
• The Chief Justice of the United States is John G. Roberts, Jr. Chief
Justice Roberts was appointed to the Supreme Court by President
George W. Bush in 2005 after Chief Justice William H. Rehnquist
died. The eight Associate Justices are as follows:
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John Paul Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Steven Breyer
Samuel Alito
1975
1986
1988
1990
1990
1993
1994
2006
President Ford
President Reagan
President Reagan
President Bush
President Bush
President Clinton
President Clinton
President Bush
The United States Supreme Court
Selecting a Supreme Court Justice
• You are legal counsel to the president.
One of the justices has just
announced his resignation. Many
groups and individuals are suggesting
names of people they think should be
nominated by the president. Write a
memo to the president describing the
type of person who should be
nominated to the U.S. Supreme Court.
Selecting a Supreme Court Justice
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As legal counsel to the president, look at the following
characteristics of potential Supreme Court nominees. Rank them
from most important to least important, be prepared to give your
reasons.
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45 years old
Hispanic American
Female
Graduated first in class from a top law school
Respected trial court judge
Smoked marijuana while a law professor 20 years ago
Believes that affirmative action is unconstitutional
Believes in a woman’s right to an abortion
Lives in California
Practicing Catholic