Adversarial v. Inquisitorial
What is the adversarial court system?
Where the representatives (usually attorneys) from two parties present their cases before a neutral decision-maker (usually a jury or judge) to determine the facts and pass judgment.
What is a direct examination?
What is a cross examination?
Direct: The attorney asks questions to witnesses they select to tell their version of the case.
Cross: Attorneys ask questions based on the statements made by witnesses during direct examination.
Objection sustained means...
A judge accepts the objection, which means a statement/evidence can’t be used in trial.
What is an appeal?
When the losing side of a case in a lower level court challenges the verdict made by the jury/judge.
What is common law?
What is statute law?
Common Law
-Law made as a result of judges' decisions in courts.
Statute Law
-Laws written by legislative bodies (i.e. Congress).
What is the inquisitorial system?
Where the court is actively involved in investigating the facts of the case and then determining its verdict.
What are at least two processes that must happen before the beginning of a trial? (100 points for each)
Voir Dire- jury selection
Discovery- Sharing of information and evidence between both parties prior to trial.
Objection overruled means...
A judge denies an objection, which will allow the statement/evidence to be used in trial.
What is the correct sequence of courts a case must be heard before it reaches the Supreme Court?
U.S. District Court → U.S. Circuit Court of Appeal → U.S. Supreme Court
What is stare decisis?
What is legal precedent?
Stare decisis:
-Translates “to stand by the decision.” Judges must respect the decisions made by judges in past cases.
Legal precedent:
-When one court makes a decision it is precedent – it stands – until another higher court makes a different ruling.
What is due process?
Fair and equal treatment of citizens under the law.
What is the correct order of the following steps in a trial?
defendant direct exam
plaintiff cross exam
defendant cross exam
plaintiff direct exam
plaintiff direct exam → defendant cross exam→ defendant direct exam→ plaintiff cross exam
What is hearsay?
Hearsay testimony refers to any statement made out of court that is being used to prove something.
What are three reasons to appeal a case? (100 points for each reason)
Mistake with the gathering, use or acceptance of critical evidence.
Insufficient amount of evidence to lead to guilt or liability.
“Objectionable” evidence is accepted during the trial and unfairly influences the jury’s decision.
The losing side did not have effective legal counsel.
Jury made a verdict with improper judge's instructions.
Unfairly high punishments.
Improper conduct among jurors.
When the Supreme Court overrules a prior court decision, that becomes the new _________.
Legal precedent
What is a difference between the adversarial and inquisitorial systems?
The adversarial system has juries and attorneys.
The inquisitorial system is led solely by judges, who investigate, prosecute and rule on outcomes of cases.
What is the difference between an expert and lay witness?
Lay/Ordinary Witness: Someone who personally saw/heard about the case.
Expert Witness: Someone with particular specialty in an element of the case.
What is speculation?
Speculation refers to testimony given by witnesses that they do not have direct knowledge of.
What must occur in order for a case to be heard by the Supreme Court? Provide two answers. (200 points/answer)
A writ of certiorari must be filed with the court.
The case involves an unusually important legal principle.
When two or more federal appellate courts have interpreted a law differently.
REVIEW!!!!
What is the burden of proof for a criminal case? (200 points)
What is the burden of proof for a civil case? (200 points)
Criminal: Beyond a reasonable doubt
Civil: By a preponderance of the evidence
How are the facts of a case determined in the adversarial system?
Both parties will debate during trial by asking questions to witnesses. This will eventually lead to the truth of the case.
What are the steps that happen after closing arguments are made in trial?
Judge's instructions to jury → jury deliberations → jury delivers verdict
Why are there rules of evidence in trials?
Certain statements and evidence cannot be admitted because they would unfairly or improperly influence the jury. To avoid this, there are various “rules of evidence” that dictate what can and cannot be said or demonstrated during trial.
What is the sequence of steps that must occur in an appeals case?
writ of certiorari → legal briefs → oral arguments → ruling
REVIEW!!!!
Which of these statements is false?
A) Most cases heard by the Supreme Court fall under appellate jurisdiction.
B) Juries are chosen to consider new evidence introduced by parties in appeals cases.
B) Juries are chosen to consider new evidence introduced by parties in appeals cases.
Appeals cases deal solely with matters of the law and procedural errors, not with new evidence. The cases are heard by judges, not juries.