Chapter 5: The Court System - Strongsville City Schools

Chapter 5: The Court System - Strongsville City Schools

Trial Courts: listen to testimony, consider evidence, and decide the facts in disputed situations Adversarial System: allows opposing parties to present their legal conflicts

before an impartial judge or jury Inquisitional System: a method for handling disputes in which the judge is active in questioning witnesses and controlling court processes Judges - preside over the trial - make sure the attorneys follow the rules - instructs the jury on the law - can sentence individuals

Remember the 6th and 7th amendments? To serve on jury you must. Be a US citizen At least 18 years old Be a resident of the state Be able to speak and understand English

It is our DUTY to complete jury service. Jury lists are complied from lists of registered voters and licensed drivers Convicted felons are ineligible for jury service unless their rights have been restored.

Employers are required to give employees time off for jury service Courts pay jurors a small stipend One-day or One-trial Plan: Jurors must show up on the day they are called. If they are selected they must serve the

duration of the trial Voir Dire: the screening process in which opposing lawyers question perspective jurors to ensure as favorable or as fair a jury as possible

Removal for Cause: opposing attorneys may request the removal of any juror who appears incapable of delivering a fair, impartial verdict Peremptory Challenges: attorneys on opposing sides may dismiss certain jurors without a reason. (cannot be used to discriminate based on race) http://www.youtube.com/watch?v=fum76

mlyl7s http://www.youtube.com/watch?v=f40CZR2Fx2w&featur e=player_detailpage In an appeals court, one party presents arguments asking the court to review the decision of the trial court. No juries, no witnesses, no new evidence An appeal is only possible when there is a claim that the trial court committed an error

in law: occurs when the judge makes a mistake as to the law in the case (ex: p.52)

Precedent: court decision that guides future cases with similar questions Majority Opinion: states the decision of the court Dissenting Opinion: written by judges who disagree with the majority opinion Concurring Opinion: written by judges who agree with the majority opinion but for different reasons US Supreme Court

US Court of Appeals US District Court (trial courts) OH Supreme Court OH Court of Appeals Cuyahoga County Court of Common Pleas(felonies) Municipal Courts (misdemeanors) Example: Berea City Court

Congress has the power to create lower courts 70% of the cases filed in federal court each year are bankruptcy cases Federal courts hear about 1 million cases each year

Indians still maintain some authority over their reservations. Family relationships Tribal membership Law and order on the reservation

The federal court has the authority to hear felony cases committed on Indian reservations International Court of Justice: set up by the UN, settles disputes based on international law International Criminal Court: tries

individuals for crimes against humanity, war crimes, genocide Lawyers = attorney Trial Lawyers are called litigators Seeing a lawyer does not mean you are

in troublesometimes you can consult a lawyer before trouble arises Real estate Divorce, adoption Contracts accidents

Ask for a recommendation In 1977 the Supreme Court ruled lawyers could advertise If you cannot afford a lawyer you may be eligible for free legal assistance (public defender)

How much does the lawyer charge per hour? How often will you be billed? Retainer: a down payment on the total fee Contingency fee: not per hour or lump sum; a percentage of whatever amount the client wins or settles for in the case (usually 1/3)

You must be able to TRUST your attorney Attorney-Client Privilege: whatever you tell your attorney about your case is private and confidential

Attorneys will give you advice, but YOU must make the final decisions. Legal Malpractice: the type of lawsuit brought against a lawyer for loss or injury to the client caused by the lawyers error or failure to meet acceptable standards of practice for the legal profession

Canon 1: A lawyer should assist in maintaining the integrity and competence of the legal profession Canon 2: A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available Canon 3: A lawyer should assist in preventing the

unauthorized practice of law Canon 4: A lawyer should preserve the confidences and secrets of a client Canon 5: A lawyer should exercise independent professional judgment on behalf of a client.

Canon 6: A lawyer should represent a client completely. Canon 7: A lawyer should represent a client zealously within the bounds of the law Canon 8: A lawyer should assist in improving the legal system Canon 9: A lawyer should avoid the appearance of professional impropriety.

A lawyer must pass an examination to become a member of a state bar Lawyers can be disbarred (no longer has a license to practice law) who violate the standards of conduct

If you have issues with your lawyer, you can report the problem to your local or state bar association You can sue your lawyer for legal malpractice for serious errors that result in injury or loss.

Recently Viewed Presentations

  • Chapter 1 Structure and Bonding - faculty.swosu.edu

    Chapter 1 Structure and Bonding - faculty.swosu.edu

    Transfer of electron density away from M+ stabilizes the complex over s-bonding only F- example Filled p-orbitals are the only orbitals capable of p-interactions 1 lone pair used in s-bonding Other lone pairs p-bond The filled p-orbitals are lower in...
  • INTRODUCTION TO AQUATIC ECOLOGY - Susquehanna University

    INTRODUCTION TO AQUATIC ECOLOGY - Susquehanna University

    Nutrient Cycling. Nutrient Spiraling and Solute Transport. River Continuum. Rise of Aquatic Ecology in Europe. Francois-Alphonse Forel (1841-1912) Worked on biology, chemistry, circulation, and sedimentation of Lake Geneva (published 1892-1904) ... INTRODUCTION TO AQUATIC ECOLOGY
  • Motor Learning Exam 3 Review

    Motor Learning Exam 3 Review

    Motor Learning Exam 3 Review. ... Research has shown that to achieve the best learning of skills that require both speed and accuracy, the initial verbal instructions should emphasize ... developing variable practice experiences for closed skills should focus on...
  • Crash Recovery - University of Calgary

    Crash Recovery - University of Calgary

    7 Goal Goal of this lecture is to study Crash Recovery which is subpart of transaction management in DBMS. Crash recovery in DBMS is achieved through maintaining logs and checkpoints. Outline of Presentation 1.Review of ACID Properties 1.1 Motivation 1.2...
  • Building Hope A Charter School Facilities Fund Developing

    Building Hope A Charter School Facilities Fund Developing

    Surplus DC School buildings. Focused on reuse of former DCPS locations: Incubator space . Co-location with DCPS. Lease of surplus DCPS buildings. Commercial market. There are many groups that specialize in charter school facilities. We recommend you talk with experienced...
  • Metode Kualitatif Untuk Administrasi Publik

    Metode Kualitatif Untuk Administrasi Publik

    Lawrence Wieder (1974), Peneliti Kualitatif menangkap proses interpretatif dan melihat segala sesuatu dari sudut pandang orang yang diteliti. Diasumsikan peneliti tidak memahami arti segala sesuatu dari orang-orang yang diteliti Karena itu peneliti harus menterjemahkan sesuatu sesuai dengan apa yang dipahami...
  • Diapositive 1 - MON OEIL CREATION

    Diapositive 1 - MON OEIL CREATION

    Souvenez-vous des paroles de Carl Sagan: il y a plus d'étoiles dans l'espace que de grains de sable sur toutes les plages de la Terre. Ce qui signifie qu'il y en a des beaucoup, beaucoup plus grandes que notre petit...
  • "Additional" DiVincenzo Criteria

    "Additional" DiVincenzo Criteria

    Verdana Arial Wingdings Calibri MS Pゴシック Times New Roman Eclipse 1_Eclipse Josephson Junction Qubits Classical Resistance (Review) Superconductors BSC Theory Cooper Pairs Two Notes on Modern Superconductors Josephson Junction Some Uses of Junctions Flux Qubit Manipulate State SQUID Measurement Qubit...