Objectives

• Differentiate between criminal and civil law.
• Describe the hierarchy of courts in the US System.

Criminal Law

• Involves government prosecuting an individual for violations of law.
• Government charges individual (Defendant).
• Indictment: formal charge against the defendant.
• Burden of proof: beyond a reasonable doubt ("innocent until proven guilty").
• Types of crimes: felony (punishable > 1 year) and misdemeanor (punishable < 1 year).
• Sentencing determined by judge if guilty.

Civil Law

• Involves disputes between two parties where one sues the other.
• Plaintiff brings the lawsuit, must prove defendant's liability.
• Burden of proof: preponderance of the evidence (more proof than the other party).
• Torts: wrongful acts causing loss/harm (e.g., negligence, slander).

Court Structure

Trial Courts

• Original jurisdiction, listen to testimony, consider evidence.
• Render verdicts: guilty/not guilty in criminal, liable/not liable in civil.

Appellate Courts

• Review lower court decisions.
• Based on errors of law.

Dual Court System

Federal Courts

• Jurisdiction over US law/Constitution and big-ticket items (e.g., drug trafficking).
• Limited original jurisdiction.

State Courts

• Interpret and apply state laws, affecting daily life.
• Handle most cases (approximately 25 million per year).

Federal Court Hierarchy

1. U.S. District Courts: trial courts.
2. U.S. Circuit Court of Appeals: appellate jurisdiction.
3. U.S. Supreme Court: highest court.

Supreme Court

• Justices nominated by president.
• Judicial independence post-confirmation.
• About 7,000 cases received annually, only ~100 accepted.
• Oral arguments: 30 minutes for legal arguments, justices ask questions.

Court Opinions

• Majority Opinion: official ruling, sets precedent.
• Concurring Opinion: agrees with majority but different reasoning.
• Dissenting Opinion: disagrees with majority, does not set precedent.