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

Senator Biden

Anita Hill

Clarence Thomas

George Bush

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:

• John Paul Stevens 1975 President Ford• Antonin Scalia 1986 President Reagan• Anthony Kennedy 1988 President Reagan• David Souter 1990 President Bush• Clarence Thomas 1990 President Bush• Ruth Bader Ginsburg 1993 President Clinton• Steven Breyer 1994 President Clinton• Samuel Alito 2006 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

• 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.

• 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