Chapter 05 The Court System - Summary Notes

8/7/2019 Chapter 05 The Court System - Summary Notes

1/8

Chapter 05 - Summary


2/8

While international courts deal with issues relatingto international law and justice.

Tribal court systems exist to settle disputes onNative American reservations

The United States has a federal court system aswell as state court systems.


3/8

Trial courts

listen to testimony fromwitnesses

consider evidence

decide the facts in adispute.

In a trial, there are twoparties, or sides.

In a civil case, theparty bringing the legal

action is called theplaintiff.

In a criminal trial, thegovernment brings thecase and is called the

prosecutor.

In both civil and criminaltrials, the person whomust respond to the

complaint or charges iscalled the defendant.

Defendants in bothcriminal and civilcases are guaranteedthe right to have a juryhear and decide their

case.

Once the trial court

has made a decision,the losing party maybe able to appeal the

decision to anappellate court.


4/8

The losing party may askan appeals court to reviewthe decision made by the

trial court.

There are no witnesses orjuries in appeals courts

The lawyers for each sideappear before a group of

judges to present the legalarguments.

When an appeals courtdecides a case, it

generally issues a rulingwith a written opinion.

This opinion sets aprecedent for future

cases, which meanslower courts will have tofollow the appellatecourt's interpretation ofthe law.

This is how courts makelaw.

However, a higher court,

such as a state supremecourt or the U.S.Supreme Court, has thepower to reverse thisprecedent.


5/8

Many state court systems have the same structure as thefederal court system.

If you lose your case in a state trial court, you may ea le to a eal to an intermediate court of a eals and

ossi ly to the state su reme court.

State courts can handle cases that deal with state andfederal law.

In contrast, the federal courts may only hear casesinvolving federal law or certain cases that involve artiesfrom different states.

If you lose a case in a federal district court, you cana eal to a U.S. Circuit Court of A eals in your region.


6/8

Native Americans have certain powers over theirreservations, such as the

power to

regulatefamily

relationships

tribalmembership

law and orderon thereservation

SometimesCongressallows, ordelegates,additional

authority totribal courts.


7/8

The U.S.Supreme Courtestablishes themost important

legal precedents.

All courts in theUnited States

must follow U.S.Supreme Court

decisions.

There are nineSupreme Court

justices. These justices are

nominated by thepresident andconfirmed with theadvice and the

consent of theSenate.


8/8

The United Nations established theInternational Court of Justice, the mostimportant court that enforces internationallaw.

The International Criminal Court tries

individuals for war crimes and otherinternational crimes.

Chapter 05 The Court System - Summary Notes

Documents

Transcript of Chapter 05 The Court System - Summary Notes