Transcript Our Court System

Our Court System
Terms, procedures, and ideas you need to know
Criminal and Civil Law
Criminal Law
For violations of a law
passed by a legislative
body. Felonies and
misdemeanors.
Civil Law
Most of these involve a loss of
“property”
The State v. the defendant
[a person or an entity]
Person v. Person [corporation]
First Trial = Court of
Original Jurisdiction
First Trial = Court of Original
Jurisdiction
Both the act and the
punishment is defined by
legislative code [RCW’s]
The loss has previously been
defined as loss by a prior court
OR, a court is now being asked
to define it as a loss for the first
time.
Criminal Law
Guilty = Beyond A
Reasonable Doubt [90100% vote to convict]
Civil Law
Guilty = Preponderance of
Evidence-Over ½ vote to
convict
Punishment is as defined by
law. Jail, Prison, Probation,
and/or fine. Matrix, as
developed by the state,
determines this.
Punishment is financial and/
or loss of “property”.
If state loses,
case is over.
If state wins,
defendant can appeal
Whoever loses the case can
appeal.
Fundamentals of Trial
Questions determined at trial
Substantive Questions:
Questions of facts;
Questions of evidence;
Listen to evidence and determine guilt or
innocence.
This is done by a jury [the trier of fact],
OR, if requested by defendant,
a judge. This is known as a bench trial.
Questions determined at trial
Procedural Questions
These are the rules and guidelines that the case
must follow.
Commonly known as “The Rule of Law” or “Due
Process of Law”.
Applied and determined by the judge before and
during the trial.
Due Process of Law can be found in both the State
and US Constitutions and the State and US
Supreme Court rulings.
Generally speaking, the State is
allowed to grant more rights and
privileges than the US can.
The 4th, 5th, 6th and 8th Amendments
Amendment IV
The right of the people to be
1] secure in their persons, houses, papers,
and effects,
2] against unreasonable searches and
seizures, shall not be violated, and
3] no warrants shall issue, but upon
probable cause,
A] supported by oath or affirmation,
B] particularly describing the place to
be searched, and the persons or
things to be seized.
Amendment V
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a
presentment or indictment of a grand jury,
nor shall any person be subject for the same
offense to be twice put in jeopardy of life or
limb [double jeopardy];
nor shall be compelled in any criminal case to be a
witness against himself,
nor be deprived of life, liberty, or property,
without due process of law;
nor shall private property be taken for public use,
without just compensation.
Amendment VI
In all criminal prosecutions,
the accused shall enjoy the right to a speedy and
public trial
by an impartial jury of the state and district
wherein the crime shall have been committed;
to be informed of the nature and cause of the
accusation;
to be confronted with the witnesses against him;
to have a compulsory process for obtaining
witnesses in his favor, and
to have the assistance of counsel for his defense.
Amendment VIII
Excessive bail shall not be required,
nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Criminal Cases
Rules for Appeal of Decision
If the State loses, the case is over [double
jeopardy]. That is why in most trials, the State
will charge the defendant with as many crimes
as possible in order to win at least one of them.
If the State wins, the defendant can appeal.
On Appeal, the case title is Defendant v. State.
Case goes to State Appellate Court.
Whoever loses on appeal can appeal to State
Supreme Court. Case title is
Loser v. Winner
Whoever loses can appeal
to Federal Appeals Court.
Whoever loses can appeal
to U.S. Supreme Court.
Rules for Appeal of Decision
When a side appeals, they ask the court a
“question” about the process of the trial that
they think the judge ruled on in error.
The only questions that an appellate court hears
are questions of procedure. They do not hear
appeals on substantive questions.
Each year the Supreme Court is asked to review
about 6500-8000 cases.
The Court “reviews” about 1,000
The Court grants “Cert” to
about 80-110 of them.
These cases are heard in oral
argument.
Most often heard Due Process cases
Legality of search
Legality of seizure
Severity of punishment
“Miranda” issues
Validity of law [Is the law
constitutional?]
The Process of Appeal
Both [all] sides in the suit file Briefs with the
court.
Amicus Curiae [friends of the court] are also filed
at the request of both sides or at the request of
the Court.
Briefs are a written argument by each side that
outlines the cases or laws they believe should
apply to their case. Previous cases are known
as “precedent”.
Your NOYS Final
You will submit a Brief to the Supreme Court. The
case you will argue is based on a problem with
the jury in the trial. The teacher will provide
the precedents and any necessary case law.
Your Class Final
You will submit a Brief to the Supreme Court. The
case you will argue is based on a problem with
the First Amendment. The teacher will provide
the precedents and any necessary case law.
You will also present your Brief in oral
argument to the Court