UC Scout Cornell Notes: The State Court System PDF

Cornell Notes - Digital Version (Editable Google Doc) Course Video # LAW140-023 Video 2.02 - The State Court System Name and Name Questions/Keywords...

Cornell Notes - Digital Version (Editable Google Doc) Course Video # LAW140-023 Video 2.02 - The State Court System Name and Name Questions/Keywords Notes Trial Courts: settle In civil trials there is a plaintiff and a defendant. Criminal trials are cases involving a between the government and a defendant. Decisions in trial courts can dispute between two be appealed to an appellate court if the losing party decides to do so. or more parties The United States uses an adversarial system in trial courts. Judges Civil Trials: between and juries are essential. Judges are obligated to protect the rights of two groups of those involved in trials. They maintain fair trials by requiring lawyers to citizens follow trial procedures and rules regarding evidence. During jury trials Criminal Trials: take judges inform the jurors of the laws that apply to that case. In non-jury place when the trials judges decide the outcome. government chooses ➔ Amendment 6 of the U.S. Constitution: to take action or ◆ “Guarantees the American people the right to trial by jury prosecute the in criminal cases in both state and federal courts” defendant Judges are responsible for sentencing individuals Adversarial system: convicted of crimes in these cases. when two opposing parties present their ➔ Amendment 7 of the U.S. Constitution: case to an impartial ◆ “Guarantees the right to trial by jury in civil cases but judge and jury who only at the federal level” attempt to determine Even though the right to trial by jury is protected the truth and decide by the constitution this does not require juries to the case based on be used. the presented In civil cases, plaintiffs or defendants can request a trial by jury, but evidence most civil cases are settled out of court, or go to non-jury trials to save Plea Bargains: time and money. In criminal cases, it is up to the defendant whether pretrial agreements they want a jury. Criminal cases are often settled without going to trial. between the It is common that the defendant is permitted to plead guilty to a prosecutor and the reduced charge which would in turn allow for a lesser punishment. defendant When one chooses trial by jury, jurors are responsible for determining the facts of the case and applying the law. How are jurors selected? ➔ Juror Requirements ◆ Be at least 18 years old ◆ A citizen of the United States ◆ Fluent in English ◆ A resident of the state in which the trial is being held It is our civic duty to serve on a jury when called upon. Court clerks This content is protected and may not be shared, uploaded, or distributed. Cornell Notes - Digital Version (Editable Google Doc) use a list of names to decide who is called for jury duty. This list comes from registered voters or licensed drivers. Beyond trial courts the United States legal system maintains appeals courts. Available to parties unhappy with decisions made by trial courts. Party asks the appeals court to review the decision made by a trial court. Appealing is not always possible, a losing party can make an appeal if they make a claim that the trial court made a legal error (e.g. judge giving incorrect instructions to a jury, illegal evidence used). If an appeals court decides to hear a case there is no jury or witnesses. Lawyers for both sides of the case make legal arguments in front of a judge. The court then issues a written opinion, or ruling. This opinion sets a precedent. Lower courts within the same jurisdiction must follow the precedent. Precedent gives the judicial branch power to make laws. Precedents are not set, and can be changed by higher courts. States are not required to follow the precedent of other states. Only SCOTUS sets precedent over all 50 states. Typically, the structure of state courts is that of federal courts. Trial courts are in every state: ➔ Superior ➔ County ➔ District ➔ Municipal Trial courts usually specialize in specific issues such as traffic, family, and criminal court. After trial courts are intermediate appeals courts, above them is the state supreme court. If cases seen by the state supreme court deal with state laws the case may no longer be appealed because the state supreme court is given the power to interpret state laws. State courts deal with issues including: ➔ Family ➔ Traffic ➔ Probate ➔ Criminal ➔ Small claims If the state supreme court’s decision has to do with a federal law it can continue to be appealed to the U.S. Supreme Court. Summary This content is protected and may not be shared, uploaded, or distributed. Cornell Notes - Digital Version (Editable Google Doc) We learned about the state court system in the United States. We learned about the state courts’ structure and jurisdictions. This content is protected and may not be shared, uploaded, or distributed.