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Understanding the U.S. Court System: Trial Courts and the Adversarial Process

The U.S. court system involves trial courts that listen to testimonies, consider evidence, and determine facts. In civil cases, the plaintiff brings forth charges, while in criminal cases, the prosecutor does. A key feature of the U.S. system is its adversarial nature, contrasting with the inquisitional systems in some European countries. The roles of judges and juries are crucial, as judges ensure legal rights are protected and oversee court proceedings. This chapter discusses trials, jury selection, and the significance of fairness in legal disputes.

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Understanding the U.S. Court System: Trial Courts and the Adversarial Process

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  1. Chapter 5 The Court System

  2. The Court System • Trial Courts: listen to testimony, consider evidence, and decide the facts • Evidence provided by witnesses • Two parties • Plaintiff: person bringing charges in a civil case • Prosecutor: person bringing charges in a criminal case • Defendant: person responding • Trial system in the U.S is an adversarialsystem • Contest between sides

  3. The Court System • Some European countries have an inquisitional system • The judge is active in questioning and controlling the court process.

  4. Problem 5.1/ Pg. 48 • Do you think the adversarial system is the best method for solving disputes? Why or why not? • Indicate whether you agree or disagree with the following statement: “It is better that ten guilty persons go free than that one innocent person suffer conviction.” • In a criminal case, should a lawyer defend a client he or she knows is guilty? Would you?

  5. The Court System • Judges and juries are essential parts of our legal system • Judge has the duty of protecting the rights of those involved. • Judge makes sure the attorneys follow rules • Sentence individuals in criminal cases • The 6th Amendment guarantees the right to trial by jury in criminal cases. • Applies in both federal and state courts • The 7th Amendment guarantees a right to trial by jury in civil cases in federal courts.

  6. The Court System • Most cases are never brought to trial • Out-of-court settlements • Plea bargins

  7. Steps in a Trial • 1. Opening statement by plaintiff or prosecutor • 2. Opening statement by defense • 3. Direct examination by plaintiff or prosecutor • 4. Cross-examination by defense • 5. Motions • 6. Direct examination by defense • 7. Cross-examination by plaintiff or prosecutor • 8. Closing statement by plaintiff or prosecutor • 9. Closing statement by defense • 10. Rebuttal argument • 11. Jury instructions • 12. Verdict

  8. The Court System • Why is jury service necessary? • Employers are required to let their employees off for jury duty. • Voir dire: process by which opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case. • May request the removal of any juror who appears incapable of rendering a fair and impartial verdict. • Removal for cause • Peremptory challenges: removal without stating a cause.

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