Question

Please answer the following questions. Answers can be found in Chapter 4 of the textbook and in the Chapter 4 lecture notes. Submit your answers as an attachment on Canvas

1. What is the role of the jury?

2. What is the role of the judge?

3. What are the two COURT SYSTEMS in the US?

4. What are the two TYPES of courts in those court systems?

5. What are the two types of law considered by the two types of courts in those two court systems?

Answer 1

1. ROLE OF JURY

A jury is a group of people decide on the facts in issue at a trial. The jury is composed of people who represent a cross-section of the community.

The jury listens to the evidence during a trial, decides what facts the evidence has established, and draws inferences from those facts to form the basis for their decision. The jury decides whether a defendant is "guilty" or "not guilty" in criminal cases, and "liable" or "not liable" in civil cases.The jury is the fact-finder, but it is left to find facts only from the evidence which is legally admissible. The judge instructs the jury on the legal principles or rules that must be followed in weighing the facts.

Jurors must:

• Decide the facts of the case only.
• Take directions relating to law from the trial judge, whether or not they agree with him/her.
• Remain impartial and independent.
• Remain uninfluenced by any person. It is an offence for any person who is not a member of the jury to attempt to influence a juror in any way. If any person speaks to a juror about the case, the juror should inform the court
• Keep statements made in the jury room confidential. Jurors should not discuss the case with any person other than members of the jury. It is contempt of court punishable by fine and/or imprisonment to repeat any statements made in the jury room.

2. ROLE OF JUDGE

A judge is an elected or appointed official who conducts court proceedings. Judges must be impartial and strive to properly interpret the meaning, significance, and implications of the law. Judges must also recognize that justice means more than just interpreting the law and they must also show compassion and understanding for the people on both sides of the case.

Judge has 5 basic task:

• Simply to preside over the proceedings and see that order is maintained.
• To determine whether any of the evidence that the parties want to use is illegal or improper.
• Before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case.
• In bench trials, the judge must also determine the facts and decide the case.
• To sentence convicted criminal defendants.

3. TWO COURT SYSTEM IN US

The United States has two separate court systems;

a) the federal court system

b) the state court system

a) Federal court system

• The United States is a party,
• The case involves violations of the U.S. Constitution, treaties or federal laws,
• It is a legal dispute between citizens of different states or foreign citizens,
• It is a bankruptcy, copyright, patent and maritime law case, or
• It’s a criminal matter listed in the U.S. Code.

Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts.

b) State court system

• Cases concerning laws passed by state legislature or local authorities,
• Most family law cases, personal injury suits, contract disputes, traffic violations, and
• Criminal cases.

State court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the much smaller in case load and personnel, United States federal courts, handle different types of cases.

4. TYPES OF COURTS IN COURT SYSTEM

The federal court system has three main levels:

• district courts (the trial court),
• circuit courts
• the Supreme Court of the United States (the final level of appeal in the federal system.)

District courts

The district courts are the general trial courts of the federal court system. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. District courts handle trials within the federal court system – both civil and criminal.

Circuit courts

Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. There are twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi.

Supreme Court

The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.

State court systems varies by state, but four levels generally can be identified:

• minor courts - Minor courts handle the least serious cases.
• major trial courts- Cases that involve state constitutional issues, state statutes, and common law are dealt with by major trial courts.
• Intermediate appellate courts-called courts of appeals, review cases that have been decided by trial courts. They do not hear new evidence; they decide whether the lower court (the trial court) correctly applied the law in the case.
• state supreme courts-State supreme courts review cases that deal with state law. The decision of the court is final since the state supreme court is the ultimate arbiter of state laws and the state constitution.

5. Types of law considered by the two types of courts in those two court systems

The Federal Court System	The State Court System
Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Disputes between two or more states; Admiralty law; Bankruptcy; and Habeas corpus issues.	Most criminal cases, probate (involving wills and estates) Most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions), etc. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.