LEGAL SYSTEM IN THE U.S.
· Court System in the United States consists in two separate levels: state and federal that co-exist under the concept of federalism.
· The type of the court a case is tried in depends on law: federal or state.
· State laws: most of the laws that govern our day-to-day life.
· Federal laws: offenses involving federal government employees, crimes committed across the state lines, frauds involving the national government.
State lawsuits:
TRIALS
Criminal Civil
government is prosecuting an disputes between two individuals
individual for an offence that (called parties in the trial)
threatens the security of society plaintiff→ party initiating the trial
e.g. murder, theft etc. defendant → sb who is prosecuted
prosecutor → acts in the name of state jury's decision: liable/not liable
defendant → sb who is prosecuted
jury's decision: guilty/not guilty
In criminal cases, the jury's verdict is required to be unanimous, meaning the jury members must all agree. If the members of the jury cannot agree after a long period of deliberation, then a "hung jury" occurs, and a new trial is held, or the case may be dismissed.
In civil cases, the parties can agree any time before the verdict is given that the jury's verdict need not to be unanimous, but must represent the majority of the jurors' votes.
THE SUPREME COURT( WASHINGTON, DC)
COURT OF APPEALS
TRIAL COURT
If either party feels that the trial judge made an error in one of his rulings they can appeal to Court of Appeals. Appeals feature two attorneys attempting to convince a panel of five judges that the law favours their side.
If unsatisfied with the verdict of the Court of Appeals, parties may appeal to the Supreme Court. The supreme Court has the option of whether or not it wishes to hear the case. Only 100-125 out of 5.000 of appeals are brought before the court.
Federal lawsuits:
THE SUPEME COURT
U.S. CIRCUIT COURT OF APPEALS
FEDERAL TRIAL COURT
Federal judges are nominated by the President, approved by the Senate and appointed for life in what amounts to a political selection.
State judges may be appointed, selected or elected (by the people) depending on the practices of individual state.
Lawyer requirements. Becoming a lawyer usually requires a college degree and a degree from law school. Then, in almost all states, the graduate must pass a rigorous test, called the bar* exam, to get a license to practise law.
* Lawyers have organized themselves at national and state levels into bar associations, which supervise the profession, protect professional interests and discipline their members. The American Bar Association (ABA) was created nationally in 1878. But only about a half of lawyers are ABA members. Most states require that lawyers must be members of the state bar association, which is affiliated to the ABA, in order to practise law in a state.
Judge requirements: the primary requirement for someone to become a judge is that they have a law degree and are a licensed attorney.
Bailiff – calls the court to order and announces the judge's entry into the courtroom. He also helps to keep order in the courtroom and is often responsible for security in the courtroom and courthouse. These usually are police officers.
Court Clerk – each judge has a court clerk who administers oath, manages the court file, numbers the exhibits, maintains the exhibits during the trial, and is responsible for all court documents.
Court Reporter - the person responsible for taking down everything said during a trial. The court reporter is also responsible for making a permanent word-for-word typewritten transcript of the proceedings and putting it into certified transcript form.
Jury – the defendant has the choice of a bench trial where the judge decides the outcome of the case, or a jury trial where a jury decides the outcome of the case.
The Sixth Amendment to the United States Constitutions guarantees the defendant's right to a trial by a jury in all criminal cases and Seventh Amendment guarantees the defendant's right to a trial by jury in a civil case as long as the dispute exceeds $20.
· The police must read suspects their legal rights before they are arrested or questioned. These include the right to remain silent; have an attorney present during questioning; and consult a lawyer before making a statement. If the police proceed incorrectly, any evidence obtained from questioning cannot be used in court. This may mean that persons who are allegedly guilty go free because of a technicality.
Romaniek