THE COURT SYSTEM AND ADRUnit 1 Part 2

WARM-UP 9-17

Using the “Steps in a Typical Mediation Session” handout, write down questions you can use at each stage in the mediation process to get the parties to talk.

THREE LITTLE PIGS GO TO MEDIATION During video-write down what Wise Old

Owl does at each step of the mediation process.

THREE LITTLE PIGS GO TO MEDIATION

DO YOU AGREE?

It is better that ten guilty persons go free than that one innocent person suffer conviction.

ANSWER

Should a lawyer in a criminal case defend a client he or she knows is guilty? Would you defend someone you knew was guilty?

TRIAL COURTS

Listen to testimony Consider evidence Decide the facts in disputed situations

TRIAL COURTS

Two parties: Plaintiff (civil case): person bringing

lawsuit Prosecutor (criminal case): state or

government begins the case Defendant: Responds to the plaintiff

or prosecutor

ADVERSARIAL SYSTEM

U.S. trial system is adversarial Theory is that trier of fact (judge or

jury) can determine truth if opposing parties present best arguments and how weaknesses in other side’s case.

ROLE OF JUDGES

Protect rights of all parties Make sure attorneys follow rules of

evidence and procedure In cases without a jury, judge decides

on the facts of the case and makes a judgment.

Jury trials: judge instructs jury on law. Sentencing: In most states, judge

sentences criminals who have been convicted

JURY TRIALS

Guaranteed by 6th Amendment (criminal cases) and 7th Amendment (civil cases in fed courts)

Civil cases: Plaintiff or Defendant may request jury

Criminal cases: Defendant decides whether there will be jury.

JURY TRIALS

Civil cases: Most settled out of court or decided in trial by judge

Criminal cases: Most never brought to trial. Plea bargain, a pretrial agreement, between the prosecutor and defendant disposes of case.

JURY SELECTION

Jurors are screened through a process known as voir dire.

Opposing lawyers ask prospective jurors questions to discover prejudices or preconceived opinions concerning the case.

After questioning each juror, attorneys can request the removal of jurors who appear unable to render a fair/impartial verdict

JUROR SELECTION

This is known as removal for cause. Each attorney is allowed a limited

number of peremptory challenges, which means they can have prospective jurors removed without stating a cause.

WARM-UP 9-21

Why might a lawyer not want a prospective juror on a case?

What do judges do in jury trials? What is the difference between a

plaintiff and a prosecutor? What is the meaning of life?

WARM-UP 9-26

Look at the opinion you picked up on the way in.

Who wrote the main opinion of the Court?

Where is concurring opinion? Find the dissenting opinion? What do

you think that is? (Don’t tell them the answer, Chase. No, really, don’t. Warning.)

APPEALS COURTS

Lawyers appear before judges to make legal arguments.

No juries, no witnesses, no new evidence.

One party asks court to review trial court decision and other party argues in favor of trial court decision.

Typically decided by a panel of judges.

APPEALS COURTS

Appeals courts decide cases and issue written opinions. A written opinion sets a precedent for similar cases in the future.

All lower courts in that jurisdiction must follow the precedent. Higher courts can reverse or change the precedent.

OPINIONS

Majority opinion: decision of the court Dissenting opinion: judges who

disagree state reasons for disagreement

Concurring opinion: judges who agree with majority’s outcome but for different reasons that those used by majority.

STATE AND FEDERAL COURTS

See handout. Similar structure of state/federal systems.

Both have trial courts and appeals courts. The court of final appeal for both is the U.S. Supreme Court.

See federal judicial circuits p. 55

STATE COURTS-Typically: family, traffic, criminal, probate, small claims, etc.

FED COURTS-Handle criminal, civil, variety of things falling under federal law

WARM-UP

What kinds of cases do appeals courts hear?

What is an adversarial system? What do you write if you are a justice

who disagrees with the majority’s opinion?

CASE STUDY INSTRUCTIONS

Read your part. 1’s explain your part to the group first. 2’s next. 3’s next. Be sure all of you have a thorough understanding of the your case.

Then, I will join you with another group who will explain their case to you.

Then you will go back to your group of 3 for a little game.

WRITING PRACTICE

You have a criminal client who has been charged with a crime. Explain to him/her the trial process (including what the options are if she loses). Also explain options other than going to trial.

How are juries selected? Explain.

GOOD ANSWERS-POINT VALUES ARE SAMPLES

Points   

10 Superior

Answer is thorough, accurate, and complete. Uses examples, supporting details, and/or provides alternative viewpoints.

8 Good Answer is accurate but may be somewhat incomplete.

5 Needs improvement

Answer is incomplete and/or information contained is partially inaccurate.

0 Unacceptable

Not attempted, not enough written to get credit, or response is incorrect.

TRIAL PROCESS QUESTION

Step by step Explain a step in the trial process. Tell

what happens at that step. Try to include extra details/examples and shoot for a superior answer. What might be some extra details?

Next step ,etc.

JURY TRIAL QUESTION

Begin with an overview of the process. Elaborate on this with additional details/examples.

Next explain what removal for cause is. Then give details/examples.

Next explain what peremptory challenges are. Then give details/examples.

Enjoy your good grade on the question.