Types of cases that can be heard infederal system

Supreme Court of the UnitedStates (last level of appeal)

circuit courts (first level of appeal)

District courts (trial court)

1797, one of the oldest in the world

Supreme law

The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary.

Common law is a body ofunwritten laws based on legalprecedents established by thecourts. Common law influences thedecision-making process in unusualcases where the outcome cannotbe determined based on existingstatutes or written rules of law.

criminal law and commercial laware exceptions and are codified

The U.S. common-law systemevolved from a British tradition thatspread to North America duringthe 17th- and 18th-century colonialperiod.

varies from state to state

Most states have courts of limited jurisdiction presided over by a single judge who hears minor civil and criminal cases.

States also have general jurisdiction trial courts that are presided over by a singlejudge.

Some states have specialized courts that hear only certain kindsof cases such as traffic or family law cases.

All states have a highest court, usually called a state supreme court, that serves as an appellate court.

Judges

Prosecutors

lawyers

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence

Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime.

Twelve jurors are selected randomly from the jury pool

When selecting the jury, the prosecutor and defense attorney may not discriminate against any group of people.

Both lawyers are allowed to ask questions about their potential biases and may excuse jurors from service. Each side is allowed to excuse certain potential jurors without providing a reason by using a limited number of “peremptory challenges.”

Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence.

Following opening statements, the prosecutor begins direct examination of his first witness.

Following the prosecutor’s examination of a witness, the defense attorney has an opportunity to cross examine or ask questions to the same witness. The purpose of cross examination is to create doubt as to the credibility of the witness.

After the defense attorney cross examines the witness, the prosecutor asks the witness final questions to clarify any confusing testimony for the jury. This is called redirect examination.

After the Government rests, the defense has the opportunity to present witnesses and evidence to the jury. The defense also has the option of not having the defendant testify.

During direct or cross examination, either attorney can make an objection to a question or a piece of evidence to the judge

Common objections include:

Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.

the judge “charges the jury,” or informs them of the appropriate law and of what they must do to reach a verdict

After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty.

After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm. If the defendant is found not guilty, they are usually free to go home